HomeMy WebLinkAbout06-5000y
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
One Penn Center at
Suburban Station - Suite 1400
Philadelphia, PA 19103 Attorney for Plaintiff
(215) 563-7000
FIRST HORIZON HOME LOAN CORPORATION
VS.
MARIE T. SINGER
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
C7tt.o
NO. PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Summary Judgment in avor of the Plaintiff and against MARIE T. SINGER , Defendant(s) in
accordance with the Court's Order dated Assess Plaintiff's damages against MARIE T. SINGER as
follows:
As set forth in the Order $53,039.00 V
Interest- $1,708.50
TOTAL $549747.50
IEL G. SCHMIEG, E UIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 2
j/«/0?
PRO PROTHY
138501
k (3 0 501
FIRST HORIZON HOME LOAN IN THE COURT OF COMMON PLEAS OF
CORPORATION, CUMBERLAND COUNTY,.PENNSYLVANIA
PLAINTIFF
V.
MARIE T. SINGER,
DEFENDANT 06-5000 CIVIL TERM
ORDER OF COURT
AND NOW, this Hi-S day of February, 2007, the motion of plaintiff
for summary judgment, IS GRANTED. An in rem judgment is entered-in favor of plaintiff
and against defendant, Marie 7. Singer, for $53,039 plus interest from August. 24, 2006,
at the rate of $8.50 per diem and costs.
By the
Edgar B. Bayley, J.
Jenine R. Davey, Esquire
For Plaintiff
Frank E. Yourick, Jr., Esquire
For Defendant
:sal
PHELAN HALLINAN AND SCHMIEG, LLP
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
MARIE T. SINGER
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5000-CIVIL-TERM
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant MARIE T. SINGER is over 18 years of age and resides at, 201
EAST BURD STREET, APT 207, SHIPPENSBURG, PA 17257.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
ANIEL G. SCHMI , ESQUIRE
Attorney for Plainti
(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
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
V. CIVIL DIVISION
MARIE T. SINGER NO. 06-5000-CIVIL-TERM
Defendant(s). .
Notice is given that a Judgment in the above-captioned matter has been entered against you on
I 'L & _ 5 2097.
By:
If you have any questions concerning this matter, please contact:
- D,,A APALIA.44
DA EL G. SCHMIEG, QUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
138501
Oft PHELAN HALLINAN & SCHMIEG, LLP
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Philadelphia, PA 19103
(215) 563-7000
FIRST HORIZON HOME LOAN CORPORATION : COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
Vs.
CUMBERLAND COUNTY
MARIE T. SINGER
Defendants :NO. 06-5000 CIVIL TERM
TO: MARIE T. SINGER
201 EAST BURD STREET, APT. 207 all
SHIPPENSBURG, PA 17257-1444 P Y
DATE OF NOTICE: OCTOBER 3, 2006
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
F NCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
No. 06-5000-CIVIL-TERM
MARIE T. SINGER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest - 08/25/06 to 03/13/07
Interest from 03/13/07 to JUNE 13, 2007
(per diem -$9.00)
$53,039.00
$1,708.50
$828.00 and Costs
TOTAL
$57,966.00
- J". A /j/0 jt. I,- -
N E G. S HMI , ESQUIRE
One Penn Center at burban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
138501
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5000 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORAITON,
Plaintiff (s)
From MARIE T. SINGER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION,
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $53,039.00 L.L. $.50
Interest 8/25/06 TO 3/13/07 - $1,708.50 -- INTEREST FROM 3/13/07 TO 6/13/07 (PER DIEM -
$9.00) - $828.00 AND COSTS
Atty's Comm %
Atty Paid $143.60
Plaintiff Paid
Date: MARCH 14, 2007
(Seal)
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Due Prothy $1.00
Other Costs
Deputy
Supreme Court ID No. 62205
PHELAN HALLINAN AND SCHMIEG, LLP
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
MARIE T. SINGER
Defendant(s). .
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5000-CIVIL-TERM
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
A,_,A1oiJL'd -
IEL G. CHMIE SQUIRE
Attorney for Plaintiff
FIRST HORIZON HOME LOAN CORPORATION :
CUMBERLAND COUNTY
Plaintiff,
V. COURT OF COMMON PLEAS
MARIE T. SINGER CIVIL DIVISION
Defendant(s). NO. 06-5000-CIVIL-TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST HORIZON HOME LOAN CORPORATION, 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 ,439 SOUTH FAYETTE
STREET, SHIPPENSBURG, PA 17257.
1. Name and address of Owner(s) or reputed Owner(s):
Name
MARIE T. SINGER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
s
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Attention: John Murphy
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
6th Floor, Strawberry Square
Dept. 280601
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March 13, 2007 ??J
'cz a_ -
DATE DANIEL G. SCHMIE SQUIRE
Attorney for Plaintiff
C" f `-art
7"D
FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
MARIE T. SINGER
Defendant(s).
CUMBERLAND COUNTY
No. 06-5000-CIVIL-TERM
March 13, 2007
TO: MARIE T. SINGER
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
Your house (real estate) at, 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257,
is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $54,747.50
obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALI. that certain lot of ground with home improvements erected thereon, situate in the Township of
Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 15, Block
'A' of the Plan of Lots Known as Dykeman Spring Heights, said plan recorded in the Office of the Recorder
of Deeds of Cumberland County, in Plan book 13, Page 15, said lot having a frontage along the
Shippensburg-Mainsville Road of one hundred (100) feet and a width of one hundred ten and eight-tenths
(I 10.8) feet in the rear, a depth on the North of one hundred twenty-five (125) feet and depth on the South
of one hundred fifty (150) feet.
PREMISES BEING: 439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
FOLIO NO. 36-35-2388-051
TITLE TO SAID PREMISES IS VESTED IN Amelia A. Shireman and Marie T. Singer, joint tenants with
right of survivorship, by Deed from Amelia A. Shireman, single woman, dated 05/07/1996, recorded
05/08/1996; in Deed Book 138, page 1062.
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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 138501
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IVING, TX 75063
Plaintiff
V.
MARIE T. SINGER
201 EAST BURD STREET, APT. 207
SHIPPENSBURG, P4 17257-1444
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 0/6 -T666
lr. U XTft/
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 138501
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File k 139501
Plaintiff is
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
2. The name(s) and last known address(es) of the Defendant(s) are:
MARIE T. SINGER
201 EAST BURR STREET, APT. 207
SHIPPENSBURG, PA 17257-1444
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 01/23/2004 mortgagor(s) MARIE T. SINGER 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: 1856, Page: 155.
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 04/01/2006 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 #: 139501
6. The following amounts are due on the mortgage:
Principal Balance $49,645.79
Interest 1,504.50
03/01/2006 through 08/24/2006
(Per Diem $8.50)
Attorney's Fees 1,250.00
Cumulative Late Charges 62.80
01/28/2004 to 08124/2006
Cost of Suit and Title Search 550.00
Subtotal $ 53,013.09
Escrow
Credit 0.00
Deficit 25.91
Subtotal 25.91
TOTAL $ 53,039.00
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
10. By virtue of the death of AMELIA A. SHIREMAN on 09/07/1999, Defendant became sole owner
of the mortgaged premises as surviving joint tenant with right of survivorship.
11. Plaintiff hereby releases AMELIA A. SHIREMAN, from liability for the debt secured by the
mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $
53,039.00, together with interest from 08/24!2006 at the rate of $8.50 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.
PHEL - -.0 IEG LLP
By: /s/Frnncis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File C 139501
LEGAL DESCRIPTION
ALL that certain lot of ground with home improvements erected thereon, situate in the Township of Shippensburg,
County of Cumberland and Commonwealth of Pennsylvania, known as Lot no. 15, Block'A' of the Plan of Lots known as
Dykeman Spring Heights, said plan recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book
13, Page 15, said lot having a frontage along the Shippensburg-Mainsville Road of one hundred (100) feet and a width of
one hundred ten and eight-tenths (110.8) feet in the rear, a depth on the North of one hundred twenty-five (125) feet and
depth on the South of one hundred fifty (150) feet.
PARCEL NO. 36-35-2388-051
PROPERTY BEING: 439 SOUTH FAYETTE STREET
File #: 139501
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel .
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
FRANCIS S. HALLINAN, ESQUIRE
Attomey for Plaintiff
DATE: u AO,7
C7 v
vi
COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
FIRST HORIZON HOME LOAN CORPORATION, CIVIL DIVISION
Plaintiff Case No.: 06-5000 Civil Term
VS.
MARIE T. SINGER,
Defendant(s)
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr.,
Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure:
1. After reasonable investigation, defendant(s) are without knowledge or
information sufficient to form a belief regarding plaintiff's claim of default and the amount that
is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this
information is exclusively within the control of the plaintiff and strict proof thereof is demanded
at time of trial.
2. Insofar as an answer can be made, the defendant(s) state, upon information and
belief, that the arrearage amount due on the mortgage is $1,120.00 which amount should be able
to be paid within ninety days of filing of this answer.
WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the
alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the
mortgage current.
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Frank E. Yours r., Esq
P.O. Box 644, urrysville, PA 15668
(412) 243-5698 Pa. ID # 00245
VERIFICATION
FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for
Defendant(s) in this matter, that 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 Answer to Complaint in Mortgage
Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the
best of his knowledge, information and belief.
Frank E. YouricIJ., Esquid
Attorney for Defendant(s)
CERTIFICATE OF SERVICE
I certify that on the 2nd day of October, 2006, I served a copy of the Answer to
Plaintiffs Complaint upon the following by US first class mail, postage prepaid:
Janine Davey, Esquire
Suite 1400, One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
Frank E. Yourick, J ., Esq
Attorney for Defen ant(s)
P.O. Box 644
Murrysville, PA 15668
(412) 243-5698
PAID No.: 00245
{ l c?
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ti ? •ti
CASE NO: 2006-05000 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST HORIZON HOME LOAN CORP
VS
SINGER MARIE T
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
SINGER MARIE T
was served upon
the
DEFENDANT , at 0020:00 HOURS, on the 11th day of September, 2006
at 201 EAST BURD STREET APT 207
SHIPPENSBURG, PA 17257
MARIE SINGER
by handing to
a true and attested copy of NOTICE
COMPLAINT IN MORTGAGE FORECLOSURE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 17.60
Affidavit .00
Surcharge 10.00
.00
45.60 ?
gla'`0 V
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
09/13/2006
PHELAN, HALLINAN & SCHMIEG
By: la?
Deputy Sheriff
A.D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2006-05000 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FIRST HORIZON HOME LOAN CORP
VS
SINGER MARIE T
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
SINGER MARIE T but was
unable to locate Her in his bailiwick. He therefore returns the
NOTICE
COMPLAINT IN MORTGAGE FORECLOSURE
NOT SERVED , as to
the within named DEFENDANT , SINGER MARIE T
439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
DEFENDANT RESIDES AT 201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257, DEPUTIES SERVED DEFT THERE ON 9/11/06
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
16.00, PHELAN, HALLINAN & SCHMIEG
? X7,04 ? 09/13/2006
1
Sworn and Subscribed to before me
this day of ,
A. D.
31
PHELAN HALLINAN & SCHMIEG, LLP
By: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
First Horizon Home Loan Corporation
4000 Horizon Way
Irving, TX 75063
Plaintiff
VS.
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
Defendant
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
it.
Plaintiff respectfully requests that the Court enter an Order granting summary judgment in
its favor in the above-captioned matter and in support thereof avers as follows:
There are no material issues of fact in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Defendant has admitted that the mortgage is in arrears in paragraph two (2) of her Answer.
Therefore, summaryjudgment is appropriate as is further addressed in Plaintiff s attached Brief.
4. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which
a responsive pleading is required are admitted when not denied specifically or by necessary implication.
5. Defendant, Marie T. Singer, has filed an Answer to the Complaint in which she has
effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached
Brief.
6. In her Answer, Defendant failed to deny the default, amounts due, mortgage and Plaintiff's
compliance with Act 6 of 1974 and Act 91 of 1983, therefore she is deemed to have admitted all allegations
of Plaintiff's Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and
Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D,
respectively.
Defendant has failed to sustain her burden of presenting facts, which contradict the
averments of Plaintiffs Complaint.
Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true
and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County
in Mortgage Book No. 1856, Page 155, is attached hereto, made part hereof, and marked Exhibit A. A true
and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A 1.
The Mortgage is due for the April 1, 2006 payment, a period in excess of nine (9) months.
An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by
reference, and marked as Exhibit B.
10. The notice provisions of Act 6 of 1974 do not apply to this action because the original
Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless,
Plaintiff sent Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and
correct copy of the letter is attached hereto, made part hereof, and marked Exhibit E.
H. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit-
counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the
Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and
marked Exhibit E.
12. In her Answer, Defendant has alleged that the amount necessary to cure the arrears is
$1,120.00, which should be paid within ninety (90) days. Defendant is incorrect and has produced no proof
in support of her allegations.
13. Plaintiff provided Defendant with a reinstatement quote and a payoff figure on October 12,
2006, but Defendant has failed to cure her arrears and / or payoff her loan. The amount necessary to bring
the Mortgage current through October 27, 2006 was $5,231.33. True and correct copies of Plaintiffs
w
reinstatement quote and payoff figure are attached hereto, made part hereof, and marked as Exhibit F.
14. Defendant's allegations are not a defense to the foreclosure action. Defendant has the right
to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale.
15. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring
the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the
amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged
property,
Respectfully submitted,
PHELAN HALL AN & SCHMIEG, LLP
Je in R. Davey, Esquire
Att ey for Plaintiff
EXHIBIT A
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%T P, Prepared By: Return To:
FIRST HORIZON HOME LOAN CORPORATION FHHLC - POST CLOSING MAIL ROOM
681 ANDERSEN DRIVE, SUITE 420 1555 W. WALNUT HILL LN. #200 MC 6712
PITTSBURGH, PA 15220 IRVING, TX 75038
Parcel Number: County: 36-35-2388-051 City:
I
(Space Above This Line For Recording Datal
MORTGAGE 0047253844
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated January 23rd, 2004
together with all Riders to this document.
(B) "Borrower" is
MARIE T SINGER
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is FIRST HORIZON HOME LOAN CORPORATION
Lender is a CORPORATION
PENNSYLVANIA • Single Family • Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 1/01
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0047253844
organized and existing under the laws of THE STATE OF KANSAS
Lender's address is 4000 HORIZON WAY, IRVING, TX 75063
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated JANUARY 23rd, 2004
The Note states that Borrower owes Lender
FIFTY ONE THOUSAND & 00/100 Dollars
(U.S. $ 51, 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than FEBRUARY 1, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all stuns due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? 1.4 Family Rider
VA Rider ? Biweekly Payment Rider ' ? Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal,
non-appealable judicial opinions.
p) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(,U "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property:
(iii) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(l41) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Inium: //
0-6(PA) toooe) Pepe 2 d 16 Form 3039 1/01
B9 1856PGO 156
" 0047253844 t
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan'
under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
lender the following described property located in the County (Type of Recording Jurisdiction)
of Cumberland (Name of Recording Jurisdiction(:
All that tract or parcel of land as shown on Schedule "A" attached
hereto which is incorporated herein and made a part hereof.
which currently has the address of
439 S FAYETTE ST. [Street]
SHIPPENSBURG [City], Pennsylvania 17257 (Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the
'Property."
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6K 135uPG 3157
0047253844 w
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I
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received liy Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from snaking payments due under the Note and this Security
Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
(V0A) I000e1 Page 4 of ie 7- ` Form 3039 1/01
BK 1856PGO 158
0047253844
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time, Any such waiver may only be in writing, In the event of such waiver, Borrower
shall pay directly, when' and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
inniala: AS
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SK 1855Pu- 0 15 9
0047253844
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all. taxes, assessments, charges, fuzes, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against Enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
Initials: &
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BK 185oPGv 160
0047253844 •_
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but )night or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss' if not made'promptly by Borrower. Unless Lerxift and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed, Unless an agreement is trade in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
wUAW / /l V
® -8(PA) tows) pap 7 0110 Form 3039 1/01
6K 1856PGO 161
0047253844
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such ati interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection or Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does riot have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
....
(0-6(PA) (owe) Pape8d 16 Form 3039 1/01
BK 1856PGO 162
0047253844
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the tease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such los$ reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and lender requires separately designated payments toward the premiums for Mortgage
Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to matte separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a parry to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed 'captive reinsurance." Further;
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
IriGats:
(M-6(PA) POW Page 9 0116 Form 3039 1101
8K 1856PG0163
0047253844
(b) Any such agreements will not affect the rights Borrower has - if any with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the suns secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suns
secured by this Security Instrument whether or not the stuns are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
In 'mw:
rf?r.®?{pp) ter Page tOd 16 A;LS Form 3039 1101
OK 1856PGO 164
0047253844
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits
will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
Inluala:
Q-G(PA) (0008) Page 11 of fe Form 3058 1/01
6KI856PGO165
0047253844
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be •given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
In6W:
(®4(PA) (owe) Page 12 d M Farm 3039 1101
OX 1856PG0166
0047253844
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged,
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Rinds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations
under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of
the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the
Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by the Note purchaser,
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 12 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Ini6eb:
Q-8(PA) (0006) Pepe 13 of 10 Form 3039 1101
8K1856PGO167
r
EXHIBIT "A"
0047253844
0047253844
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Leader written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presentee, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private patty, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things. (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the
sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.
Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert
in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require
immediate payment in full of all sums secured by this Security Instrument without further demand and
may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers, Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25, Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security instrument.
26. Purchase Money Morigage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27, Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
Initlals:
Q 6(PA) (aoom) Page 1<d io Form 3039 1101
OKI85GPG0168
0047253844
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
q??J r
(Seal)
MARIE T SINGER
-Borrower
_ (Seal)
-Borrower
_ (Seal) (Seal)
-Borrower -Borrower
(Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
4 •6(PA) (ooae) page is 0116 Form 3039 1101
BitI856PGO169
0047253844
Certifie Resi e ce
I, do hereby certify that
the =2 address of a within-named Mortgagee is
4000 HORIZON WAY, IRVING, TX 75063 ?-
Witness my hand this o,3 day of ao
Agent of Mongagee
COMMONWEALTH OF PENNSYLVANIA, ?ty'r `'010L County sst
On this, the3 day ofj before me, the
undersigned officer, personally appeared
MARIE T SINGER
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
Notarial Seal
HeatherA Rohl. Notary public
stemm 6n o t>aumn Comity
MY CDgvrs w txargs June 3, 2006
Member. pemsglvarra Assocation0f NUies
Y?,
?-6(PA) (owe)
)" Irl J P, t
Title of Officer
woa,
Page isa is Form 3039 1101
6K1856PGO170
„ I
Commitment for Title Insurance
Exhibit A
THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORRE
I Commitment No.
Agent File No.
760537
1409BG
LEGAL DESCRIPTION
See Attached Exhibit A
ALL that certain tat of ground with lame improvements erected thereon, situate in tite Tome
of Shippensburp, County of Cumberland and Cammonweafth of Pennsyhrania, known as lot% 1?
Block 'A" of the Plan of lots known as Oykeman Spring Heights, said plan recorded in N 0 0
of the aetorder of gelds of Cumbertand Courtly, in Plan Book 13, Page 15, said lot having a fmd P
along the Shi penshuj hlainsrille Road of one hmdrod 1100) feet and a width of one hundred to
and eightdenths 1110,81 legit in the rear, a depth on the North of one hurdled twenty-five (IN feet:
and depth on the South of one hundred fray {1511) feet.
.1
I Certi fv 111 i S to be recorded
In Cum: Hand County PA
ST-N-24 Recorder of Deeds
811I856PGOI71
EXHIBIT Al
0047253844
NOTE
January 23rd, 2004 ,
[Date] [City)
439 S FAYETTE ST., SHIPPENSBURG, PA 17257
[Property Addressl
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 51,000-00
plus interest, to the order of the Lender. The Lender is
FIRST HORIZON HOME LOAN CORPORATION
PENNSYLVANIA
(state[
(this amount is called "Principal"),
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 6.250 %,
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the lot day of each month beginning on March tat, 2004 I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on February lot, 2034 I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at P.O. BOX 146
MEMPHIS, TN 38101 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 314.02
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, l will tell the Note Holder in writing that I am doing so, I may not designate a payment
as a Prepayment if I have not made all the montltly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
MULTISTATE FIXED RATE NOTE -Single Famlly- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
&D-5N (o2tnl Form 32001101
VMP MORTGAGE FORMS - (9001521.7291 ,J A
Pape 1 d 3 Irifials: /IJ'/III
1
S, LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5100 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If t do not pay the full amount of each monthly payment on the date it is due, l will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Ertpenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7, GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
4. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
0047253844 Form
(?tiN tom) Pape 2 of 3 Ham; ',C
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay afl stuns secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
7~ _ --(Seal)
MARIE T SINGER -Borrower
(Seal)
-Borrower
.-(Seal)
-Borrower
-(Seal)
-Borrower
(Seal)
-Borrower
_ (Seal)
-Borrower
-(Seal) (Seal)
-Borrower -Borrower
(Sign Origins! 001
j 0047253844
?5N (otar) Page 3 d 3 Form 32001/01
EXHIBIT B
i 'tip,*
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF °,'(S )
ss.
COUNTY OF Q#41 AS
)
WANDA COLUEaR, being duly sworn according to law, deposes and says:
1. I am employed in the capacity Qf at First Horizon Home Loan
?1?J 6i ti'v 3 ? vL
Corporation, mortgage servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the
instant foreclosure action and am authorized to give this Affidavit.
3. I am the custodian of records for the within matter.
4. All proper payments made by Defendant have been credited to
Defendant accounts.
5. Defendant's mortgage payments due April 1, 2006 and each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance $49,645.79
Interest $1,504.50
March 1, 2006 through August 24, 2006
(Per Diem $8.50)
Attorney's Fees $1,250.00
Cumulative Late Charges $62.80
January 28, 2004 to August 24, 2006
Cost of Suit and Title Search $550.00
Subtotal $53,013.09
Escrow Credit $0.00
Escrow Deficit 25.91
TOTAL $53,039.00
7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on the
past due mortgage payments.
8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not
take the necessary affirmative steps to avoid foreclosure.
9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as
they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of
?S
?w
i
Defendant and to the severe detriment of Plaintiff
10. Plaintiff properly accelerated its mortgage to protect its interests.
ame: WAWA, CO I
a
".? N. ~ ri ? VICE PS'??. 1r/"1f 1L'A F ..
Title: ri+
?,,;.:,vl? ii3?
First Horizon Home Loan Corporation
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 3 OP DAY
OF 6 L11 g S 2006.
SHARON J LAWRENCE
My Commission Expires
NOTARY PUB January 3, 2010
He Name and Number: Marie T. Singer, Account No. 0047253844
EXHIBIT C
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 138501
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IVING, TX 75063
Plaintiff
V.
MARIE T. SINGER
201 EAST BURD STREET, APT. 207
SHIPPENSBURG, PA 17257-1444
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 138501
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
File #: 138501
Plaintiff is
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
2. The name(s) and last known address(es) of the Defendant(s) are:
MARIE T. SINGER
201 EAST BURD STREET, APT. 207
SHIPPENSBURG, PA 17257-1444
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 01/23/2004 mortgagor(s) MARIE T. SINGER 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: 1856, Page: 155.
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 04/01/2006 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 #: 138501
6. The following amounts are due on the mortgage:
Principal Balance $49,645.79
Interest 1,504.50
03/01/2006 through 08/24/2006
(Per Diem $8.50)
Attorney's Fees 1,250.00
Cumulative Late Charges 62.80
01/28/2004 to 08/24/2006
Cost of Suit and Title Search 550.00
Subtotal $ 53,013.09
Escrow
Credit 0.00
Deficit 25.91
Subtotal $ 25.91
TOTAL $ 53,039.00
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
10. By virtue of the death of AMELIA A. SHIREMAN on 08/07/1999, Defendant became sole owner
of the mortgaged premises as surviving joint tenant with right of survivorship.
11. Plaintiff hereby releases AMELIA A. SHIREMAN, from liability for the debt secured by the
mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $
53,039.00, together with interest from 08/24/2006 at the rate of $8.50 per diem to the date of Judgment,
and other costs and charges collectible under the mortgage and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SC IEG^LLP
By: /s/Francis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 138501
LEGAL DESCRIPTION
ALL that certain lot of ground with home improvements erected thereon, situate in the Township of Shippensburg,
County of Cumberland and Commonwealth of Pennsylvania, known as Lot no. 15, Block'A' of the Plan of Lots known as
Dykeman Spring Heights, said plan recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book
13, Page 15, said lot having a frontage along the Shippensburg-Mainsville Road of one hundred (100) feet and a width of
one hundred ten and eight-tenths (110.8) feet in the rear, a depth on the North of one hundred twenty-five (125) feet and
depth on the South of one hundred fifty (150) feet.
PARCEL NO. 36-35-2388-051
PROPERTY BEING: 439 SOUTH FAYETTE STREET
File #: 138501
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel .
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unworn falsification to authorities.
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE: v O?
EXHIBIT D
13850 ?
COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
FIRST HORIZON HOME LOAN CORPORATION, CIVIL DIVISION
Plaintiff Case No.: 06-5000 Civil Term
VS.
MARIE T. SINGER,
Defendant(s)
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr.,
Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure:
1. After reasonable investigation, defendant(s) are without knowledge or
information sufficient to form a belief regarding plaintiff s claim of default and the amount that
is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this
information is exclusively within the control of the plaintiff and strict proof thereof is demanded
at time of trial.
2. Insofar as an answer can be made, the defendant(s) state, upon information and
belief, that the arrearage amount due on the mortgage is $1,120.00 which amount should be able
to be paid within ninety days of filing of this answer.
WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the
alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the
mortgage current.
Frank E. Yourick, Jr., squire
P.O. Box 644, Murrysville, PA 15668
(412) 243-5698 Pa. ID # 00245
VERIFICATION
FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for
Defendant(s) in this matter, that 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 Answer to Complaint in Mortgage
Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the
best of his knowledge, information and belief.
Frank E. YouriU Jr., Es(i ire
Attorney for Defendant(s)
CERTIFICATE OF SERVICE
I certify that on the 2nd day of October, 2006, I served a copy of the Answer to
Plaintiff's Complaint upon the following by US first class mail, postage prepaid:
Janine Davey, Esquire
Suite 1400, One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
Frank E. Y , Jr., Etkuire
Attorney for Defendant(s)
P.O. Box 644
Murrysville, PA 15668
(412) 243-5698
PAID No.: 00245
EXHIBIT E
r' FIRST
L 0 HORIZON.
HOME IRAN C0U 0MTM
June 15, 2006
MARIE T SINGER
439 S FAYETTE ST
SHIPPENSBURG, PA 17257
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN
BANKRUPTCY, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE
PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY
AGREEMENTS.
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home This notice explains how the program works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN (30) DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with
the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397 Persons with impaired hearing, can call (707) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
ACT 91 Page 2 of 5
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
Mortgagor Name:
Mortgagor Address:
Loan Number
Original Lender
Current Lender/ Servicer
MARIE T SINGER
439 S FAYETTE ST
SHIPPENSBURG, PA 17257
0047253844
: First Horizon Home Loans
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face"-meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU
MORTGAGE DEFAULT'. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program
To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of
ACT 91 Page 3 of 5
this Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date).
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property
located at:
439 S FAYETTE ST
SHIPPENSBURG, PA 17257
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
No. of months due Payment amount due
3 @ 452.29
0@ 0
0 @ 0 - -
Late Charges 31.40
Other charges:
Bad Check Fee .00
Other Fees .00
Minus Suspense .00
_
TOTAL AMOUNT PASTDUE: 1388.27
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
91 Page 4 of 5
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) days of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
S13188.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified
check or money order made payable and sent to:
First Horizon Home Loans
4000 Horizon Way
Irving, TX 75063
Attn: Cashiering
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30 DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any tie unto one hour before the Sheriff's Sale. You may do so by
paying the total amount then past due plus any late or other charges then due: reasonable attorney's fees
in writing by the lender and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a
Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
ACT 91 Page 5 of 5
HOW TO CONTACT THE LENDER:
First Horizon Home Loans
4000 Horizon Way
Irving, TX 75063
Attn: Loan Counseling Dept.
1-800-707-9998 /Phone
1-214-441-7392 /Fax
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at,
anytime.
ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT
*TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
*TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
*TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
*TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
*TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
*TO SEEKTROTECTION UNDER THE FEDERAL BANKRUPTCY LAW..
IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT
1-800-707-9998.
Sincerely,
First Horizon Home Loans
Collections Department
ACT 91 Page 6 of 5
; FIRST
Li HORIZON.
HOME LOAN CORPORATION
June 15, 2006
MARIE T SINGER
201 E BURD ST APT 207
SHIPPENSBURG, PA 17257
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE BEEN DISCHARGED IN A CHAPTER SEVEN
BANKRUPTCY, WE ARE NOT SEEKING PERSONAL LIABILITY AGAINST YOU, BUT ARE
PURSUING OUR RIGHTS AGAINST THE PROPERTY AS PROVIDED IN THE SECURITY
AGREEMENTS.
This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached Rages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home. This notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN (30) DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with
the Counseling Ageggy.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are
listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (707) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIICACION EN EDJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
ACT 91 Page 2 of 5
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVIAN HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
Mortgagor Name:
Mortgagor Address:
Loan Number
Original Lender
Current Lender/ Servicer
MARIE T SINGER
439 S FAYETTE ST
SHIPPENSBURG, PA 17257
0047253844
: First Horizon Home Loans
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must
arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at
the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty
(30) days after the date of this meeting. The names, addresses and telephone numbers of designated
consumer credit counseling agencies for the county in which the property is located are set forth at the end
of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default). If
you have tried and are unable to resolve this problem with the lender, you have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Mortgage Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of
ACT 91 Page 3 of 5
this Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOUSRE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it ua to date)
NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property
located at:
439 S FAYETTE ST
SHIPPENSBURG, PA 17257
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
No. of months due Payment amount due
3- @ 452.29
a@ o
o@ 0
Late Charges 31.40
Other charges:
Bad Check Fee .00
Other Fees .00
Minus Suspense .00
TOTAL AMOUNT PASTDUE: 1388.27
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable):
ACT 91 Page 4 of 5
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) days of the date of
this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
$1388.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified
check or money order made payable and sent to:
First Horizon Home Loans
4000 Horizon Way
Irving, TX 75063
Attn: Cashiering
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of
the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may lose.
the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose upon your mortgaged yroaerty.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to
May attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rit to
cure the default and prevent the sale at any tie W to one hour before the Sheriff's Sale. You may do so by
paying the total amount then past due plus any late or other charges then due reasonable attorney's fees
and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified
in writing by the lender and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to the same position as if you
had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date
of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of
course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
ACT 91 Page 5 of 5
HOW TO CONTACT THE LENDER:
First Horizon Home Loans
4000 Horizon Way
Irving, TX 75063
Attn: Loan Counseling Dept.
1-800-707-9998/Phone
1-214-441-7392 /Fax
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
anytime.
ASSUMPTION OF MORTGAGE-You may or may not sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT
*TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
*TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
*TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
*TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
*TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER.
*TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
IF YOU HAVE ANY QUESTIONS, CONTACT LOAN COUNSELING AT
1-800-707-9998.
Sincerely,
First Horizon Home Loans
Collections Department
ACT 91 Page 6 of S
EXgIP'IT F
P4
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution&fedphe.com
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Frank E. Yourick, Jr., Esquire Ray Begley
COMPANY: DATE:
10/12/2006
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
(724) 325-3124 4
PHONE NUMBER:
RE: ACCOUNT NUMBER
Singer, Marie T. 0047253844
? URGENT Cpl FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE
NOTES/COMMENTS:
Attached is the reinstatement figure for the above-captioned loan. A payoff figure will follow shortly.
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, If you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
CONFIDENTIAL
Pq
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolutionAfedphe.com
Raymond J. Begley
Supervisor - Foreclosure Resolution Dept.
October 12, 2006
VIA FACSIMILE
Frank E. Yourick, Jr., Esquire
Fax (724) 325-3124
Re: First Horizon Home Loan Corporation vs. Marie T. Singer
439 South Fayette Street, Shippensburg, PA 17257
Acct#: 0047253844
To Whom It May Concern:
Representing Lenders in
Pennsylvania & New Jersey
In accordance with your recent request, please find a reinstatement figure in the
amount of $5,231.33, which is the amount needed to bring the above account current with First
Horizon Home Loan Corporation. Funds must be received in our office ON OR BEFORE
October 27, 2006 to allow for processing and mailing to our client.
Upon submitting payment, please note the following:
• Personal checks will not be accepted. Only certified funds purchased from a bank or
money orders.
• All checks must be made payable to the mortgage company stated above, and
forwarded to Phelan Hallinan & Schmieg, LLP.
• Include account number on the check for proper identification.
• It is possible that either the mortgage company or this firm may incur additional
expenditures in the interim period between the time these figures are generated
and the time monies are tendered. In this event, only the FULL monies will be
accepted. Acceptance of the funds is contingent upon a complete review by our
client.
If you should have any questions, please feel free to contact our office.
Sincerely,
Raymond J. Begley
Foreclosure Resolution Department
Phelan Hallinan & Schmieg, LLP
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
today, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
I11
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution6-Hedphe.com
Raymond J. Begley Representing Lenders in
Supervisor - Foreclosure Resolution Dept. Pennsylvania & New Jersey
Reinstatement Figure
NAME: SINGER, MARIE T. ACCT #: 0047253844
DATE: 10/12/06 Good Through 10/27/06
Total Payment Amount (7 Payments)
Late Charges
Attorney Costs
Attorney Fees
TOTAL
$3,166.03
$62.80
$777.50
$1,225.00
$5,231.33
PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING
PAYMENT!
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge In bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of Interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will Inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
fl
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolutioncf?,fedphe.com
PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT!
***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE
COMPLETE TO THE BEST OF YOUR ABILITY***
Date:
Name on Mortgage:
Loan Number:
Property Address:
Mailing/ New Address:
(If different from Property Address)
Telephone Number:
PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE
COMPANY AND FORWARD TO OUR OFFICE!
***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED
FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE
ACCEPTED***
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
pq
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution(agfedphe.com
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Frank E. Yourick, Jr., Esquire Ray Begley
COMPANY: DATE:
10/12/2006
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
(724) 325-3124 4
PHONE NUMBER:
RE: ACCOUNT NUMBER
Singer, Marie 1 0047253844
? URGENT 0 FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE
NOTES/COMMENTS:
Attached is the payoff figure for the above-captioned loan.
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
CONFIDENTIAL
P4
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution(ai)fedphe.com
Raymond J. Begley Representing Lenders in
Supervisor - Foreclosure Resolution Dept. Pennsylvania & New Jersey
October 12, 2006
VIA FACSIMILE
Frank E. Yourick, Jr., Esquire
Fax (724) 325-3124
Re: First Horizon Home Loan Corporation vs. Marie T. Singer
439 South Fayette Street, Shippensburg, PA 17257
Acct#: 0047253844
To Whom It May Concern:
In accordance with your recent request, please find a payoff figure in the amount of
$54,627.92, which is the amount needed to satisfy the above account with First Horizon Home
Loan Corporation. Funds must be received in our office ON OR BEFORE October 27, 2006 to
allow for processing and mailing to our client.
Upon submitting payment, please note the following:
• Personal checks will not be accepted. Only certified funds purchased from a bank or
money orders,
• All checks must be made payable to the mortgage company stated above, and
forwarded to Phelan Hallinan & Schmieg, LLP.
• Include account number on the check for proper identification.
• It is possible that either the mortgage company or this firm may incur additional
expenditures in the interim period between the time these figures are generated
and the time monies are tendered. In this event, only the FULL monies will be
accepted. Acceptance of the funds is contingent upon a complete review by our
client.
If you should have any questions, please feel free to contact our office.
Sincerely,
Raymond J. Begley
Foreclosure Resolution Department
Phelan Hallinan & Schmieg, LLP
Please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property,
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, If you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
I
Pq
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution(&fedphe.com
Raymond J. Begley
Supervisor - Foreclosure Resolution Dept.
Payoff Figure
Representing Lenders in
Pennsylvania & New Jersey
NAME: SINGER, MARIE T. ACCT #: 0047253844
DATE: 10/12/06 Good Through 10/27/06
Principal Balance $49,645.79
Late Charges $62.80
Interest $2,031.02
Escrow Advances $858.81
Recording Fee $27.00
Attorney Costs $777.50
Attorney Fees $1,225.00
TOTAL $54,627.92
PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING
PAYMENT!
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
PHELAN HALLINAN & SCHMIEG, LLP
Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Fax (215) 568-0719
E-mail fcresolution(&fedphe.com
PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT!
***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE
COMPLETE TO THE BEST OF YOUR ABILITY***
Date:
Name on Mortgage:
Loan Number:
Property Address:
Mailing/ New Address:
(If different from Property Address)
Telephone Number:
PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE
COMPANY AND FORWARD TO OUR OFFICE!
***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED
FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE
ACCEPTED***
Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you
have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an
attempt to collect a debt, but only enforcement of a lien against property.
As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day
to day, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after
we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the
undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department.
Jenine R. Davey, 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 for Summary
Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The
undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date Jeni e . Davey, Esquire
Atto ey for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
By: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
First Horizon Home Loan Corporation
4000 Horizon Way
Irving, TX 75063
Plaintiff
VS.
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
Defendant
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
_1
I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof, Praecipe for Argument, Certification of Service, Order and attached
Exhibits were sent via first class mail to the person on the date listed below:
Frank E. Yourick, Jr., Esquire
P.O. Box 644
Murrysville, PA 15668
Date: ??IIIl d
Jenin . Davey, Esq
Atto for Plaintiff
CD i
PRAECIPE FOR LISTING CASE. FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
-------------------------------------------------------------------------------------------------------------------.
First Horizon Home Loan Corporation Court of Common Pleas
4000 Horizon Way
Irving, TX 75063 Civil Division
Plaintiff
3.
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
Defendant
Cumberland County
No. 06-5000-CIVIL TERM
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for plaintiff: Joseph Schalk, Esquire
Address: Phelan Hallinan & Schmieg, LLP
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(b) for defendant: Frank E. Yourick, Jr. Esquire
Address: P.O. Box 644
Murrysville, PA 15668
4.
vs.
I will notify all parties in writing within two days that this case has been listed for argument.
Argument Court Date: January 24, 2007
Attey for Plaintiff
Date: tp sI"?
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FIRST HORIZON HOME LOAN IN THE COURT OF COMMON PLEAS OF
CORPORATION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
MARIE T. SINGER,
DEFENDANT 06-5000 CIVIL TERM
ORDER OF COURT
AND NOW, this bb:?s day of February, 2007, the motion of plaintiff
for summary judgment, IS GRANTED. An in rem judgment is entered in favor of plaintiff
and against defendant, Marie T. Singer, for $53,039 plus interest from August 24, 2006,
at the rate of $8.50 per diem and costs.
By the Cow t;
Edgar B. Bayley, J.
nine R. Davey, Esquire
For Plaintiff
rank E. Yourick, Jr., Esquire
For Defendant
sal
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
215 563-7000
First Horizon Home Loan Corporation Court of Common Pleas
vs.
Marie T. Singer
Plaintiff : Civil Division
: Cumberland County
No. 06-5000-CIVIL TERM
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on August 29,
2006, a tme and correct copy of which is attached hereto, made part hereof, and marked as Exhibit
"A»
2. Judgment was entered on March 14, 2007 in the amount of $54,747.50. 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 Sheriffs Sale on June 13, 2007. However, in the event this
motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in
accordance with Pennsylvania Rule of Civil Procedure 3129.3.
5. Additional sums have been incurred or expended on Defendant' behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $49,645.79
Interest Through 6/13/07 3,980.56
Per Diem $8.50
Late Charges 62.80
Legal fees 1,500.00
Cost of Suit and Title 1,149.50
Sheriffs Sale Costs 0.00
Property Inspections 0.00
Appraisal/Brokers Price Opinion 0.00
Mortgage Insurance Premium/Private 0.00
Mortgage Insurance
NSF (Non-Sufficient Funds charge) 0.00
Suspense/Misc. Credits 0.00
Escrow Deficit 1,196.81
TOTAL $57,535.46
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as is addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on April 17, 2007 and
requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked
certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C".
10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers
that Judge Edgar B. Bayley entered an order for summary judgment dated February 6, 2007.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Date:`
Phelan Hallman & Schmie , LLP
B I 1
Michele M. Bradf rd, s"ke
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
215 563-7000
First Horizon Home Loan Corporation
Plaintiff
vs.
Marie T. Singer
Defendant
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
1. BACKGROUND OF CASE
Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real
estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became
due. Plaintiff s Note was secured by a. Mortgage on the Property located at 439 South Fayette
Street, Sh:ippensburg, PA 17257. The Mortgage indicates that in the event a default in the
mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in
order to protect the security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised. monthly mortgage payments. Accordingly, after it was clear that the default would not be
cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day t:o 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 (19319). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums, taxes and other assessments relating to the Property. The
mortgagor, has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant
unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
-the within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance
with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly
concluded that a request of five percent of the outstanding principal balance is reasonable and
enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and
Loan Association v. Street Road Shoppin Cgs enter, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent
included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville
Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable
Court's equitable authority to set attorney's fees and costs as it deems reasonable.
VII. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE: 1
Phelan Hallinan & Schmieg, LLP
l
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By-
t
f M chele M. Brad or , s wire
Attorney for Plaintiff
Exhibit "A"
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
215 563-7000 138501
FIRST HORIZON HOME LOAN CORPORATION
4000 :[IORIZON WAY
IRVING, TX 75063
Plaintiff
v.
MARIE T. SINGER
201 EAST BURD STREET, APT. 207
SHIPPENSBURG, PA 17257-1444
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
J'_
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s;4 t a _.
File #: 138501
PHELAN HALLINAN & SCHMIF,G, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUrfE 1400
PHILADELPHIA, PA 19103
(21a 563-7000 1138501
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
Plaintiff
V.
MARIE T. SINGER
201 EAST BURD STREET, APT. 207
SHIPPENSBURG, PA 17257-1444
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering; a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE. OFFICE SET FORTH BELOW. THIS OFFICE, CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(300)990-9108
y` df rti
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File M 139501
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING '"'ITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFEND ANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR. ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE,
File #: 138501
I . Plaintiff is
FIRST HORIZON HOME LOAN CORPORATION
4000 HORIZON WAY
IRVING, TX 75063
2. The name(s) and last known address(es) of the Defendant(s) are:
MARIE T. SINGER
201 EAST BURR STREET, APT. 207
SHIPPENSBURG, PA 17257••1444
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 01/23/2004 mortgagor(s) MARIE T. SINGER 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: 1856, Page: 155.
4. The premises subject to said 1riortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 04/01/2006 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 #: 139501
The following amounts are due on the mortgage:
Principal Balance $49,645.79
Interest 1,504.50
03/01/2006 through 08/24/2006
(Per Diem $8.50)
Attorney's Fees 1,250.00
Cumulative Late Charges 62.80
01/28/2004 to 08/2412006
Cost of Suit and Title Search $ 550.00
Subtotal S 53,013.09
Escrow
Credit 0.00
Deficit 25.91
Subtotal $ 25.91
TOTAL $ 53,039.00
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
'This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
10. By virtue of the death of AMELIA A. SHIREMAN on 08/07/1999, Defendant became sole owner
of the mortgaged premises as surviving joint tenant with right of survivorship.
11. Plaintiff hereby releases AMELIA A. SHIREMAN, from liability for the debt secured by the
mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $
53,039.00, together with interest from 08/24%2006 at the rate of $8.50 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 HALLIN7,, S 1EG, f
Lay: /slFrancis S. Halligan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
rile #: 138-501
LEGAL DESCRIPTION
ALL that certain lot of ground with home improvements erected thereon, situate in the Township of Shippensburg,
County of Cumberland and Commonwealth of Pennsylvania, known as Lot no. 15, Block'A' of the Plan of Lots known as
Dykeman Spring Heights, said plan recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book
13, Page 15, said lot having a frontage along the Shippensburg-Mainsville Road of one hundred (100) feet and a width of
one hundred ten and eight-tenths (110.8) feet in the rear, a depth on the North of one hundred twenty-five (125) feet and
depth on the South of one hundred fifty (150) feet.
PARCEL NO. 36-35-2388-051
PROPERTY BEING: 439 SOUTH FAYETTE> STREET
File M 139501
Exhibit "B"
PHH, AI I W..LINAN & SCHMIEG, L.-L.P.
Bv: DAMEf. G. SCHMIEG
lclentifi;ation No. 52205
One Petri 1--," -Iter at
Stibur' an Statism - Suite 1400
Philadclollia, PA 19103 Attorney for Plaintiff
('215) _ . 563-7-000
FIRST IIOR]ZON HOME LOAN CORPORATION
SAC
MARIE "l'. SINGER
: CUMBERLAND COUNT c
- COURT OF COMMON PL-- AS -T,
CIVIL DIVISION --
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. NO.
PRAECIPE TO REDUCE ORDER TO JUDGMENT
TO T H P RO-11i 0NOTARY:
erg#r Summary Judgment in f vor of the Plaintiff and against MARIE T. SINGER , Defendant(s) in
accorianc-c tht Court's Order dated . Assess Plaintiff's damages against MARIE T. SINGER as
follows:
As sei k)!I'h +_l:e Order $53,039.00
1;jterz. $1,708.50
1TO Y1; i. $54,747.54
IEL G. SCHMIEG, E UIRE
Attorney for Plaintiff
DAJIMIA( If" ti ;AItE I 1EREBY ASSESSED AS INDICATED.
DATE.
PRO PROTHY
1365G,
Exhibit "C"
PHELAN HALLINAN & SCHMIEG, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
:FAX#: (215) 563-3459
michele.bradford@fedphe.com
Michele M. Bradford, Esquire
Representing Lenders in
Pennsylvania and New Jersey
Apri117, 2,007
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
RE: First Horizon Home Loan Corporation vs. Marie T. Singer
Premises Address: 439 South Fayette Street, Shippensburg, PA 17257
Cumberland County CCP, No. 06-5000-CIVIL TERM
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days, by April 23, 2007.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
V t _ y ours,
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M he M. Br df d, squ' e
For Phelan Hallinan & Schmieg, LLP
Enclosure
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VERIFICATION
Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this
action, that she is authorized to make this verification, and that the statements made in the foregoing
Motion to Reassess Damages are true and correct to the best of her knowledge, information and
belief. The undersigned understands that this statement herein is made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsification to authorities.
DATE: L
Phel`ah Hatjinan-& ?chmieg, LYP
ByM1. 4ichele . Bradford, s ire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
215 563-7000
First Horizon Home Loan Corporation Court of Common Pleas
Plaintiff : Civil Division
vs.
Marie T. Singer
: Cumberland County
: No. 06-5000-CIVIL TERM
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
Marie T. Singer
439 South Fayette Street
Shippensburg, PA 17257
Frank E. Yourick, Jr., Esquire
P.O. Box 644
Murrysville, PA 15668
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
DATE: Ifl
a q e
Attorney for Plaintiff
Phel?aki "'I 'n4 cneg; LLP
$iy:
? Michele M. Br d ord Es uir
AFFIDAVIT OF SERVICE
PLAINTIFF FIRST HORIZON HOME LOAN
CORPORATION
DEFENDANT(S) MARIE T. SINGER
SERVE MARIE T. SINGER AT
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
CUMBERLAND COUNTY
CQS
No. 06-5000-CIVIL-TERM
ACCT. #0047253844
Type of Action NHS 139S-01
- Notice of Sheriff's Sale
Sale Date: JUNE 13, 2007
SERVED
Served and made known to ftalF T . SI N6icQ , Defendant, on the 2, 2, kJ da of
Y , 200
a _
t 3 , o'clock P.m., at 90 IF- aU QD ? , ?h ? 150.°•4(5 bL(.VtCj
Commonwealth
of Pennsylvania, in the manner described below:
V Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is _
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age _t_Z HeightC -C
s Weight jQ Race Sex Other
1, M& 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 SherifPs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Bl- 7 " LP
Stale of New, Jersey
PATRICIA E. HARRIS
On the C? ?tN>e 11 2D46 200_, ai
Moved Unknown No Answer
NOT SERVED
1" Attempt: Time:
3rd Attempt: Time:
Sworn to and subscribed
before me this day
of 200
Notary: By:
Attorney for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
o'clock _.m., Defendant NOT FOUND because:
_ Vacant
2nd Attempt: / / Time:
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APR $ 7 2001 101/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
First Horizon Home Loan Corporation
Plaintiff
vs.
Marie T. Singer
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
Defendant
RULE
AND NOW, this day of MCW, 2007, a Rule is entered upon the
Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to
Reassess Damages.
Rule Returnable on the / 0-day of y) 2007, at //-,?0 . in tl
yu, a 61
44oin CourtroomAof the Cumberland County Courthouse, Car
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FIRST HORIZON HOME LOAN
CORPORATION,
Plaintiff
VS.
Marie T. Singer,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-5000 Civil Term
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with Phelan Hallinan & Schmieg, LLP, for the limited purpose of
representing the Plaintiff at Rule Returnable Argument on May 14,
2007 at 11:30 a.m. in Courtroom No. 2 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
Date: May 11, 2007
x 1 -> 1 N. II \
Dale" F. S ug a , ) Jr.
Supreme Co t .D. 19373
10 West High S eet
Carlisle, PA 17013
(717) 241-4311
CC: Michele M. Bradford, Esquire
Frank E. Yourick, Jr., Esquire
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. I.D. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
First Horizon Home Loan Corporation
Plaintiff
VS.
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
Cumberland County
Marie T. Singer No. 06-5000-CIVIL TERM
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the May 1, 2007 Rule directing the
defendant to show cause by May 14, 2007 was sent by first class mail to the following
individuals on the date indicated below.
Marie T. Singer
439 South Fayette Street
Shippensburg, PA 17257
Marie T. Singer
201 East Burd Street, Apt. 207
Shippensburg, PA 17257-1444
Frank E. Yourick, Jr. Esquire
P.O. Box 644
Murrysville, PA 15668
DATE:
Phelan Hallinanchmieg, LLP
By
Michel . Brad , Esquire
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
First Horizon Home Loan Corporation
Plaintiff
vs.
Marie T. Singer
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
Defendant
ORDER
AND NOW, this 114 day of iM1, 2007 the Prothonotary is ORDERED to
amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this
case as follows:
Principal Balance $49,645.79
Interest Through 6/13/07 3,980.56
Per Diem $8.50
Late Charges 62.80
Legal fees 1,500.00
Cost of Suit and Title 1,149.50
Sheriffs Sale Costs 0.00
Property Inspections 0.00
Appraisal/Brokers Price Opinion 0.00
Mortgage Ins. Premium/Private 0.00
Mortgage Ins.
NSF (Non-Sufficient Funds charge) 0.00
Suspense/Misc. Credits
Escrow Deficit
TOTAL
0.00
1,196.81
$57,535.46
Plus interest from 6/13/07 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
138501
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
First Horizon Home Loan Corporation
Plaintiff
vs.
Marie T. Singer
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
: Cumberland County
: No. 06-5000-CIVIL TERM
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the June 1, 2007 Order was sent to the
following individuals on the date indicated below.
Office of the Sheriff
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
DATE: V ?7 -c By
MlkhelA M. ra for ,
Attorney for Plaintiff
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SALE DATE: JUNE 13, 2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FIRST HORIZON HOME LOAN
CORPORATION No.: 06-5000-CIVIL-TERM
VS.
MARIE T. SINGER
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:
439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257.
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
DANIEL SCHMIEG, ESQUIRE
Attorney for Plaintiff \J
June 7, 2007
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FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
MARIE T. SINGER
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 06-5000-CIVIL-TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST HORIZON HOME LOAN CORPORATION, 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 ,439 SOUTH FAYETTE
STREET, SHIPPENSBURG, PA 17257.
1. Name and address of Owner(s) or reputed Owner(s):
Name
MARIE T. SINGER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
f 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)
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Attention: John Murphy
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
6th Floor, Strawberry Square
Dept. 280601
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
FRANK E. YOURICK, ESQ.
439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
PO BOX 644
MURRYSVILLE, PA 15668
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
June 6, 2007
DATE DANIEL G. SCHMIE , SQU
Attorney for Plaintiff
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• PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000.
First Horizon Home Loan Corporation
Marie T. Singer
Plaintiff
VS.
Defendant(s)
PRAECIPE
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 06-5000 C. T.
Please mark the above referenced case Discontinued and Ended without
prejudice. ...
Please mark the above referenced case Settled, Discontinued and Ended.
X Please mark Judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinu and
ended without prejudice.
F
Date: D
Francis S. Hallinan, Esquire
Attorney for Plaintiff
PHS# 138501
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RECEIPT FOR TRANSFER
Cumberland County Prothonotary's Office
Carlisle, Pa 17013
FIRST HORIZON HOME LOAN
4000 HORIZON WAY
IRVING, TX 75063
Receipt Date 08/23/2007
Receipt Time 11:27:51
Receipt No. 197282
Case Number 2006-05000
Remarks SHOULD NOT HAVE TAKEN THE
SATISFACTION FEE ALREADY TAKEN
---------------------- Distribution Of Adjustment ---------------------------
Transaction Payee This Adj
SATISFACTION CUMBERLAND CO GENERAL FUND 8.00-
SATISFACTION FHELAN HALLINAN & SCHMIEG 8.00
13420708232007 Cumberland County Prothonotary's Office Page 1
PYS405 Manual Release Check Register 8/23/2007
Escrow Tran Date
bistribution Case No Accounting Amount Date Release
--------------------------------------------------------------------------------
3917 FHELAN HALLINAN & SCHMIEG Check Date: 08/23/2007 Check No.: 1721
SATISFACTION 2006- 05000 TRNS ESC IN 8.00 8/23/2007
Payee total: 8.00
--------------------------------------------------------------------------------
Grand total: 8.00
dame
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06-5000 - FIRST' HORIZON VS. SINGER - REFUND anffga
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First Horizon Home Loan Corporation
VS
Marie T. Singer
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-5000 Civil Term
Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on
April 2, 2007 at 1045 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant to wit: Marie T. Singer,
by making known unto Marie Singer, personally, at 201 East Burd Street, Apt. 207, Shippensburg,
Cumberland County, Pennsylvania its contents and at the same time handing to her personally the
said true and correct copy of the same.
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April
17, 2007 at 1400 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Marie T. Singer, located at 439 South
Fayette Street, Shippensburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Marie T.
Singer, by regular mail to her last known address of 201 East Burd Street, Apt. 207, Shippensburg,
PA 17257. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing 30.00
Poundage 1,298.63
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 1.00
Mileage 38.50
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 276.89
Share of Bills 16.17
$1,981.59
So Ans%? .a?
R. Thomas Kline, Sheriff
BY cJp .
Real Estate Sergeant
/2/0310'74
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FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
MARIE T. SINGER CIVIL DIVISION
Defendant(s). NO. 06-5000-CIVIL-TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST HORIZON HOME LOAN CORPORATION, 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,439 SOUTH FAYETTE
STREET, SHIPPENSBURG, PA 17257.
1. Name and address of Owner(s) or reputed Owner(s):
Name
MARIE T. SINGER
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Attention: John Murphy
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
6th Floor, Strawberry Square
Dept. 280601
Harrisburg, PA 17128
13`h Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities.
March 13, 2007
DATE DANIEL G. SCHMIE SQUIRE
Attorney for Plaintiff
FIRST HORIZON HOME LOAN CORPORATION
Plaintiff,
V.
MARIE T. SINGER
Defendant(s).
CUMBERLAND COUNTY
No. 06-5000-CIVIL-TERM
March 13, 2007
TO: MARIE T. SINGER
201 EAST BURD STREET, APT 207
SHIPPENSBURG, PA 17257
* *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RECEIVED A DISCHARGE IN
BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO ULD NOT BE CONSTR UED TO BE
AN ATTE_bIPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. **
Your house (real estate) at, 439 SOUTH FAYETTE STREET, SHIPPENSBURG, PA 17257,
is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $54,747.50
obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff s Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL that certain lot of ground with home improvements erected thereon, situate in the Township of
Shippensburg, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 15, Block
'A' of the Plan of Lots Known as Dykeman Spring Heights, said plan recorded in the Office of the Recorder
of Deeds of Cumberland County, in Plan book 13, Page 15, said lot having a frontage along the
Shippensburg-Mainsville Road of one hundred (100) feet and a width of one hundred ten and eight-tenths
(110.8) feet in the rear, a depth on the North of one hundred twenty-rive (125) feet and depth on the South
of one hundred fifty (150) feet.
PREMISES BEING: 439 SOUTH FAYETTE STREET
SHIPPENSBURG, PA 17257
FOLIO NO. 36-35-2388-051
TITLE TO SAID PREMISES IS VESTED IN Amelia A. Shireman and Marie T. Singer, joint tenants with
right of survivorship, by Deed from Amelia A. Shireman, single woman, dated 05/07/1996, recorded
05/08/1996, in Deed Book 138, page 1062.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5000 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORAITON,
Plaintiff (s)
From MARIE T. SINGER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $53,039.00 L.L. $.50
Interest 8/25/06 TO 3/13/07 - $1,708.50 - INTEREST FROM 3/13/07 TO 6/13107 (PER DIEM -
$9.00) - $828.00 AND COSTS
Atty's Comm %
Atty Paid $143.60
Plaintiff Paid
Date: MARCH 14, 2007
(Seal)
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Due Prothy $1.00
Other Costs
lieputy
Supreme Court ID No. 62205
Real Estate Sale # 101
On March 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Shippensburg Township, Cumberland County, FA
Known and numbered as 439 South Fayette Street,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 16, 2007 By: C
Real Estat ergeant
OS :1 ci S 18V11 LUOZ
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
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.
REAL LSTATE SCAM NO. 101
Writ No. 2006-5000
First Horizon Home Loan
Corporation
VS.
Marie T. Singer
Atty.: Daniel Schmieg
DESCRIPTION
ALL that certain lot of ground with
home improvements erected
thereon, situate in the Township of
Shippensburg, County of Cumber-
land and Commonwealth of Penn-
sylvania, known as Lot No. 15,
Block 'A' of the Plan of Lots Known
as Dykeman Spring Heights, said
plan recorded in the Office of the
Recorder of Deeds of Cumberland
County, in Plan book 13, Page 15,
said lot having a frontage along the
?hinnpn }? irff_MaincS+lle Road of One
sa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
4 day of May, 2007
UIT ,^r nr p hlic
C?,; 't
A
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#101
?? ......... .........e, .
Sworn to and subscribcJ lidie.me,-kisi=kWh Aav;jA6Alav 2007 A.D.
Notarial Seal
'ferry L. Russell, Notary f bulk
tl? pf Harrisburg, Dauphin County
K&,n mmi sionExpire June 6,2010
Member, Pe Sylvania s ciation of Notaries
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL
nc?
Advance Costs: 150.00
Sheriff's Costs 95.17
18.00 54.83
1.87
10.00
.50
1.00 Refunded to Atty on 10/24/07
8.80
20.00
20.00
15.00
95.17 ? f ° ?!? `?"" So Answers,
R. Thomas Kline, S eriff
w
By Z
SE :01 V S I d3S 9001
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-5324 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Belvedere Medical Corporation 850 Walnut Bottom Rd.,
Carlisle, PA 17013 Plaintiff (s)
From Barbara A. Williams
20 Jane Lane
Carlisle, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell the personal property of
Defendant at 20 Jane Lane, Carlisle, Pennsylvania.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$2,229.70
Interest from 7/6/06 @ 6.0% annum
Atty's Comm %
Atty Paid $36.75
Plaintiff Paid
Date: September 12, 2006
(Seal)
Deputy
REQUESTING PARTY:
Name Rebecca S. McClure, Esq.
Address: P.O. Box 64
Mountville, PA 17554
Attorney for: Plaintiff
L.L.$.50
$21.09
Due Prothy $1.00
Other Costs
rothonotary
By:
Telephone: 717-285-7172
Supreme Court ID No. 46662