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HomeMy WebLinkAbout06-6886i 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 (2L) 563-7Q00 _ -_-- _144835 VNB MORTGAGE SERVICES, INC. 1720 RT 23 NORTH WAYNE, NJ 07470 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0` -4 PPLP 1 Vll CUMBERLAND COUNTY AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCFD FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 144835 r 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 #: 14483 Plaintiff is VNB MORTGAGE SERVICES, INC. 1720 RT 23 NORTH WAYNE, NJ 07470 The name(s) and last known address(es) of the Defendant(s) are: AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/11/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HARRIS SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1460, Page: 301. By Assignment of Mortgage recorded 08/21/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 652, Page 849. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 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. F;le 4: 144835 The following amounts are due on the mortgage: Principal Balance $156,191.22 Interest 4,389.76 07/01/2006 through 11/29/2006 (Per Diem $28.88) Attorney's Fees 1,325.00 Cumulative Late Charges 169.47 06/11/1998 to 11/29/2006 Cost of Suit and Title Search 550.00 Subtotal $ 162,625.45 Escrow Credit 0.00 Deficit 10.74 Subtotal 10.74 TOTAL $ 162,636.19 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 162,636.19, together with interest from 11/29/2006 at the rate of $28.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/F ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 144835 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lot Nos. 1 1 and 12 on the hereinafter mentioned plan with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending along Lot No. 11, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and I 1 on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the hereinafter mentioned plan; thence extending along Lot No. 17, North 6 degrees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No. 14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13; thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 minutes 36 seconds East, for a distance of 150.00 feet to an iron pin; thence North 89 degrees 39 minutes 24 seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGINNING. CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White Tail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 412, Page 887. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, by its Deed dated May 13, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book'A', Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife. PROPERTY BEING: 172 MOUNTAIN VIEW ROAD He P: 144835 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. q / k&x' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ///4) P c? 0 w O N N +A 0 -n 9? rn -c PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG 'F Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 VNB MORTGAGE SERVICES, INC. 1720 RT 23 NORTH WAYNE, NJ 07470 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). CIVIL DIVISION NO. 06-6886 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK and DAVID C. WALKER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/30/06 to 1/30/07 TOTAL $162,636.19 $1790.56 $164,426.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) ar s shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Attorney , ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: - -rt o 607 e 0-7 PRO ROTHY 144835 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 VNB MORTGAGE SERVICES, INC. : COURT OF COMMON PLEAS Plaintiff Vs. CIVIL DIVISION CUMBERLAND COUNTY AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK :NO. 06-6886 DAVID C. WALKER Defendants TO: DAVID C. WALKER 82 ROSE OF SHARON DRIVE ETTERS, PA 17319 DATE OF NOTICE: 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 QEFAULT 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 NQ FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FILE COPY J5-, gj?? FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan; Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 4b. Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 VNB MORTGAGE SERVICES, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK :NO. 06-6886 DAVID C. WALKER Defendants TO: AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRINGS, PA 17065, DATE OF NOTICE: 1JECEMBF.R 27.2006 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 BYATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THRQLAIMS 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. FILE COPY CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 l5 pd&ntr FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 VNB MORTGAGE SERVICES, INC. 1720 RT 23 NORTH V. Plaintiff, AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6886 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 AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK is over 18 years of age and resides at, 172 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRING, PA 17065. (c) that defendant DAVID C. WALKER is over 18 years of age, and resides at, 82 ROSE OF SHARON DRIVE, ETTERS, PA 17319. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , DANIEL G. ,$CHJ, ESQUIRE Plaintiff ?w ?. O O o ?- w C r--I c'-> C t Q t' . j .,, (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VNB MORTGAGE SERVICES, INC. 1720 RT 23 NORTH Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6886 Notice is given that a Judgment in the above-captioned matter has been entered against you on ? 200 By: If you have any questions concerning this matter, please contact: DANIEL G. S gHMI)EG, Attorne for P ainti ONE PE NTER AT SUBURBAN STATION 1617 JO . 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." V %% PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 VNB MORTGAGE SERVICES, INC. Plaintiff, V. No. 06-6886 AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER , Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/30/07 to 6/13/07 (per diem -$27.03) $164,426.75 $3622.02 and Costs TOTAL Add'1 fees $169923.27 1874.50 r If t i v DANIL G. Pennedy G, ESQUIRE One Penn Ce burban Station 1617 ohn Boul evard, Suite 1400 Philad ia, 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. 144835 d W? d W? v ow ? ?a a O wa d OH v H W U v 0 w w d ti d? ?v r ? A V O W w ti d W ? W: o? w ao U 1 C64 in wo 0 c- d P.? ty W pd.. H ^ H ^ d? ?A W p o? N ry d w tir V Q ea. ?, 0 `? ? T" ci, let a t70 V L4 r t;- /V M ? d 1* r DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoined of Lot Nos. 11 and 12 on the hereinafter mentioned plan with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending along Lot No. 11, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and 11 on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the hereinafter mentioned plan; thence extending along Lot No. 17, North 6 degrees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No. 14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13; thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 minutes 36 seconds East, for a distance of 150.00 feet to an iron pin; thence North 89 degrees 39 minutes 24 seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGINNING. CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White Tail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 412, Page 887. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, by its Deed dated May 13, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "A", Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife. PARCEL IDENTIFICATION NO: 08-12-0338-093 CONTROL #: 08001244 Premises: 172 Mountain View Road, Mt. Holly Spring, PA 17065 Dickinson Township RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amy J. Fahnestock and David C. Walker, single person, by Deed from Ronald T. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife, dated 07/07/1995, recorded 07/10/1995, in Deed Book 124, page 1077. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6886 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VNB MORTGAGE SERVICES, INC., Plaintiff (s) From AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK AND DAVID C. WALKER (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 $164,426.75 L.L. $.50 Interest FROM 1/30/07 TO 6/13/07 (PER DIEM - $27.03) -- $3,622.02 AND COSTS Atty's Comm % Atty Paid $191.76 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L FEES - $1,874.50 Date: FEBRUARY 1, 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 Supreme Court ID No. 62205 Curt' R. Long, Pro to By: Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 VNB MORTGAGE SERVICES, INC. Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6886 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G.?qH G, ESQUIRE Attorney for f c 0 i . r VNB MORTGAGE SERVICES, INC. Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6886 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) VNB MORTGAGE SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,172 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRING, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY J. FAHNESTOCK WALKER A/K/A 172 MOUNTAIN VIEW ROAD AMY JANE FAHNESTOCK MOUNT HOLLY SPRING, PA 17065 DAVID C. WALKER 82 ROSE OF SHARON DRIVE ETTERS, PA 17319 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) SUSQUEHANNA VALLEY NURSING & REHABILITATION CENTER, LLC 745 CHIQUES HILL ROAD COLUMBIA, PA 17512 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) MEMBERS 1sT FEDERAL CREDIT UNION PO BOX 40 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 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 authoritie January 30, 2007 DATE DANIEL G. S Attorney for P c S r VNB MORTGAGE SERVICES, INC. Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). CUMBERLAND COUNTY No. 06-6886 January 30, 2007 TO: AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 DAVID C. WALKER 82 ROSE OF SHARON DRIVE ETTERS, PA 17319 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 172 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRING, PA 17065, is scheduled to be sold at the Sheriffs Sale on 6/13/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $164,426.75 obtained by VNB MORTGAGE SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoined of Lot Nos. 11 and 12 on the hereinafter mentioned plan with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending along Lot No. 11, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and 11 on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the hereinafter mentioned plan; thence extending along Lot No. 17, North 6 degrees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No. 14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13; thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 minutes 36 seconds East, for a distance of 150.00 feet to an iron pin; thence North 89 degrees 39 minutes 24 seconds East, through an iron. pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGINNING. CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of. White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White Tail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 412, Page 887. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, by its Deed dated May 13, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "A", Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife. PARCEL IDENTIFICATION NO: 0.8-12-0338-093 CONTROL #: 08001244 Premises: 172 Mountain View Road, Mt. Holly Spring, PA 17065 Dickinson Township RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amy J. Fahnestock and David C. Walker, single person, by Deed from Ronald T. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife, dated 07/07/1995, recorded 07/10/1995, in Deed Book 124, page 1077. ?? ? ? ?' C7 -rt rv _, C? . -? -?a -ri "? t"? ? iZ `- , '--? ?• - - ? ' ` ;=; =} := _ _ ...- - t ,.. .._-. SHERIFF'S RETURN - REGULAR oil CASE NO: 2006-06886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VNB MORTGAGE SERVICES INC VS FAHNESTOCK AMY J WALKER ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALKER AMY J FAHNESTOCK AKA AMY JANE FAHNESTOCK the DEFENDANT , at 1812:00 HOURS, on the 4th day of December_, 2006 at 172 MOUNTAIN VIEW ROAD MT HOLLY SPRINGS, PA 17065 AMY FAHNESTOCK by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.28 Affidavit .00 Surcharge 10.00 .00 j 23Jp7 -) 33.28 Sworn and Subscibed to before me this day of So Answers: r R. Thomas Kline 12/15/2006 PHELAN HALLIN AN SCHMIEG -- By: Deputy Sheriff A. D. SHERIFF'S RETURN - OUT OF COUNTY • SASE NO: 2006-06886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VNB MORTGAGE SERVICES INC VS FAHNESTOCK AMY J WALKER ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WALKER DAVID C but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On December 15th , 2006 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline York County 51.48 Sheriff of Cumberland County .00 76.48 ? //. 3)U7 12/15/2006 PHELAN HALLINAN AND SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. 1 COUNTY YjiJRK OFFICE OF THE SHERIFF PURA 7 A AR 19 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE MIRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OWY LM 1 THRU 12 DO " DETACH ANY COPES 1 PLAINTIFF/SI 3 DEFENDANT/S/ 2 COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT CIMF SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD tDAVID C. WALKER 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP . STATE AND ZIP CODE) AT 82 ROSE OF SHARON DRIVE, ETTERS, PA 17319 7 INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE )=DEPUTIZE '•J CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW ovan r 20 I, SHE NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this ake return t ccording to law. This deputization being made at the request and risk of the plaintiff. spy OK Y &URTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE r do ** ATTEMTP SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** ADV FEE PD BY LAW FIRM Please mail return of service to Cumberland County Sheriff. Thank You. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attacking any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without babOy, on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and GNATURE 10. TELEPHONE NUMBER 11 DATE FI C F S. BLVDLIS 0 0 ? c?.• ?? 0 6 215- T - 0 11 12. N C COPY T AM AND ADDRESS BELOW: (This area must be completed d notice is to be nnwkx ) PHELAN HALLINAN & SCHMIEG, LLP CUMBERLAND COUNTY-SHERIFF-.-----,- SPACE BELOW FOR USE OF THE %"fFF - DO NOT Tfrlfs LM 1701-3 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 ExpWHeartng Date or complaint as indicated above. LT M MCG I LL 12/4/C 6 12 / A*/ 0 6 16. HOW SERVED PERSONALt„) RESIDENCE) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. eby certify and return a NOT ND because I am unable to locate the individual, company, etc named above. (See remarks bel)w.) 18. E ND TITL OF D ID L ED / LIST ADI> S H E IF (V7OWrB VE ( ?oM ip to Ddardanq 19.?Oatet of ice 2 im?e of Service 21. ATTEMPTS Qate Time Miles Int. Date Time Miles Int Date Time Miles Int rbate I Time I ufts I k* 1 Date I Time I Miles I Ink 1 Dale I Time I Miles I Int 22. 23. Advance Costs 100.00 24 Se ice Co is 25 N/F 26. Mileage ?. $ 27 Postage 28. Sub Total ?` 29. Pound 3q. Notary ?U 31- Surcttg. 32. Tot. Costs l y8 33 is Due d NO `r? ?. S 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert - 38 Mdeage/Poswg~ found 39 Total costs 40 Costs Due or Refund 30 ANSWERS 41. AFFIRMED subscribed to bef r `me this aritl MM t i 44. Sig nature of 45. AT U 14 42 day of Sheriff N("AR - NOTA°IAL 46. Signature of York L- 47 DATE L1CITYOFVORK NOTPTC CITY OFYORk ' County sheriff WILLIAM M 46SE SHERIFF 12/8/06 , ; r n ' fit;. MY COMMISSION 46 Signature of Foreign e9 DATE County Sheriff 5o. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN GNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Istkrng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office w.. 11- U.- Q ?C t.n N 0- 1 c N PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 VNB Mortgage Services, Inc. Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Amy J. Fahnestock Walker No. 06-6886 Civil Term A/K/A Amy Jane Fahnestock David C. Walker Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 30, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on February 1, 2007 in the amount of $164,426.75. 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 Defendants' behalf since the Complaint was filed and Defendants :have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $156,191.22 Interest Through 6/13/07 10,011.00 Per Diem $28.88 Late Charges 282.46 Legal fees 1,325.00 Cost of Suit and Title 1,107.00 Sheriffs Sale Costs 0.00 Property Inspections 86.00 Appraisal/Brokers Price Opinioin 150.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 6,471.31 TOTAL $175,623.99 6,. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 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 Defendants on April 18, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:- 4 alb ?- Phelan Hallman & Schmieg, LLP By: _ a9JA-111 Michel . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 VNB Mortgage Services, Inc. Plaintiff vs. ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County Amy J. Fahnestock Walker No. 06-6886 Civil Term A/K/A Arny Jane Fahnestock David C. Walker Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 172 Mountain View Road, Mount Holly Spring, PA 1706.5. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and t:he Sheriff s Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super.. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200.A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE. If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee 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. o,,rE _ 9?Ie?Dfi Phela all' an Sch ieg, LLP By: _ Michele M. r d rd, uire Attorney for Plaintiff Exhibit "A" PH-ELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S_ HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1,100 PHILADELPHIA, PA 19103 (Z 1 -5) _563-7000 14483} VN13 MORTGAGE SERVICES, INC. 1720 RT 23 NORTH WAYNE, NJ 07470 V. Plaintiff A1VVlY J. F.ANNESTOCK WALKER A/K/A AMY JANE. FA14NFSTOCK DAVID C. WALKER 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING;, PA 17065 Defendants NOTICE r?. r ,. L 0 sv q E r? 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. IFYOU 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)990-910$ ILEA7C RET(_p ATTORNEY FOR PLAINTIFF '--ATTORNEY FILE cop'y' COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ob- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINTIN MORTGAGE FORECLOSURE ?r-1 I71???` k4{ ••r'11? ?4F? YA? V .1 up r."rrorr." cow of the- .of Mick 149835 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 21? 5) 563-7000 144835 VNB MORTGAGE SERVICES, INC. 1720 RT 23 NOR"I'H WAYNE, NJ 07470 Plaintiff V. AMY J. FAIINESTOCK WALKER AIKJA AMY JANE FAHNESTOCK DAVIDC:. WALKER 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW CONITLAINT 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 FI.E. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 1e y%ereai1' eer lly the vifthir, 110 be a tree and correct COPY 01 'he original filed of ?ecvd File #: 144831_1 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 #: 144835 Plaintiff is VN13 MORTGAGE SERVICES, INC. 1720 RT 23 NORTH WAYNE, NJ 07470 The name(s) and last known address(es) of the Defendant(s) are: AMY J. FAHNESTOCK WALKER A'K/A AMY JANE FAHNESTOCK DAVID C. WALKER 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/11/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HARRIS SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1460, Page: 301. By Assignment of Mortgage recorded 08/21/2000 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 652, Page 849. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 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 #: 144835 6. The following amounts are due on the mortgage: Principal Balance $156,191.22 Interest 4,3 89.76 07/01/2006 through 11/29/2006 (Per Diem $28.88) Attorney's Fees 1,325.00 Cumulative Late Charges 169.47 06/11/1998 to 11/29/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 162,625.45 Escrow Credit 0.00 Deficit 10.74 Subtotal $ 10.74 TOTAL $ 162,636.19 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHERE ORF., PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 162,63 6.19, together with interest from 11 /29/2006 at the rate of $28.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN &`SCHMIEG, LLP By: /s/1` ancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLTNAN, ESQUIRE Attorneys for Plaintiff file #; 144835 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoiner of Lot Nos. 11 and 12 on the hereinafter mentioned plan with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending along Lot No. 1 I, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and I I on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of. 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the hereinafter mentioned plan; thence extending along Lot No. 17, North 6 degrees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No. 14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13; thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 rnirnutes 36 seconds East, for a distance of 150.00 feet to an iron pin; thence North 89 degrees 39 minutes 24 seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGrrNNING. CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County., in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White "rail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 412, Page 887. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, by its Deed dated May 13, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book'A', Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife, PROPERTY BEING: 172 MOUNTAIN VIEW ROAD File N: 144835 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 -n Attorney for Plaintiff 4 ONE PENN CENTER AT SUBURBAN STATI[l ya ..r n..P • -?- T 1617 JOHN F. KENNEDY BLVD., SUITE I4W E PHILADELPHIA, PA 19103-1814 15)563-7000 y VNB MORTGAGE SERVICES, INC. E3 i (D 1720 RT 23 NORTH CUMBERLAND COUNTS - --t WAYNE, NJ 07470 COURT OF COMMON 9EAf Plaintiff, CIVIL DIVISION V. NO. 06-6886 AMY J. FAHNESTOCK WALKER AIKIA AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against AMY J. FAHNESTOCK WALKER AIK/A AMY JANE FAHNESTOCK and DAVID C. WALKER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/30/06 to 1/30/07 TOTAL $162,636.19 $1790.56 $164,426.75 /'hereby eertify that°{1`the addresses of the Plaintiff and Defendant(s) ar shown above, and (2) that notice .has been given in accordance with Rule 237. 1, copy attached. l)ANIhL Gj SC G, ESQUIRE Attorney fo# Plai DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 144835 Exhibit "C" PHELAN HA.LLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 RE: VNB Mortgage Services, Inc. vs. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock and David C. Walker Premises Address: 172 Mountain View Road, Mount Holly Spring, PA 17065 Cumberland County CCP, No. 06-6886 Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Monday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trAy yours, MUhel'?PBfadAo?d Esquire For Ph Hallinan & Schmieg, LLP Enclosure N N W O P4 N t r- A 7 'O co D G ? t6 Cl) Q °'o -O r a V ?? . (?, U3 tom.{ ? N L cn ? Q N y 4+ Q d c?c yaco C!1 ? A cn p0 Quo 3 7 .P QUO a. y ?y",?l C!1 Y y t,, Z. ?0i61 ?ooodiz woo$°zTvo0o . LOOZ 868d4 0 Wl ZO ' o06 W $ 531VK1? l.3tild ? ? ? by . C?+ D G ag ?? o u k N ? C Q N y U 'O q Q Q c- T N G p -Yg r •C p. ? N A rr ? i- N w N o ? N o. ^b C ? ? r O ? ? ? OU ? ON 4 'b ? y, G ?N A.Cp6•?,,Q. C ¢c?' N w o ?? c°n d U O a d T `key O O a 'y O 0 $ ;a Q? Iz Y u a? oCD q U C, n 1 a -cr Oa 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: I I ?Iw? Phelan Hallman & Schmieg, LLP By: Michele M. radford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 VNB Mortgage Services, Inc. Plaintiff vs. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-6886 Civil Tenn CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 DATE: i I o 4 David C. Walker 82 Rose of Sheron Drive Etters, PA 17319 Phelan Hal n Schmieg, L P By: Michele M. lintiff , f r sq ire Attorney for AFFIDAVIT OF SERVICE PLAINTIFF VNB MORTGAGE SERVICES, INC. DEFENDANT(S) AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER SERVE AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK AT 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 SERVED PAW CUMBERLAND COUNTY No. 06-6886 Our File. #144835 Type of Action - Notice of Sheriffs Sale Sale Date: 6/13/07 Served and made known to AM y ?G h neS" c_ k Defendant, on the 1 Q dayoftebrw,ey 200 at o'clock _Pm., at 'l Z ocA^ 4 i n V C d Commonwealth of Pennsylvania, in the manner described below- De ndant personally served. - Adult family member with whom Defendant(s) reside(s). Name and Relationship is ?'e.ad 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 410-S'G Height6 '0 h Weight 2qd Race _?.,j Sex /lit Other I' d't?t? t`a 6 e l-f-T a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and subscribed e this day 200 By. r EASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Public State or New Jersey PATRICIA E. HARRIS NOT SERVED Cmbftgn Expires Ju gfZppa 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: Time: tad 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 c ?._ rn. z? c!; _ o 7 cn AFFIDAVIT OF SERVICE PLAINTIFF VNB MORTGAGE SERVICES, INC. Paw CUMBERLAND COUNTY NFENDANT(S) AMY J. FAHNESTOCK WALKER A/K/A No. 06-6886 AAMY JANE FAHNESTOCK Our File. #144835 DAVID C. WALKER Type of Action SERVE DAVID C. WALKER AT - Notice of Sheriffs Sale 82 ROSE OF SHARON DRIVE ETTERS, PA 17319 Sale Date: 6/13/07 SERVED Served and made known to D avi C. wt 1; er . Defendant, on the _ _ t0 day of Feb r'u4ry ,200-1 at q:,xo'clockp.m.,at 82 RoSC D6 S kA hO l dr , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s) Is 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: Ag e 35-4 S' Heights 4 ' Weight I Sr Race W _ Sex .,?I Other I, c: v V 0 (' S a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and of 7 200. LT..M«, ?? C State o-f NVew Jersey PATRICIA E. HARRIS COW"on Expires June 16, 2008 On the day of By. r, ?s AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: Vacant 2°d Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 17 0 -n 7 1 CZ) ?= T4 G:a VNB MORTGAGE SERVICES, INC.,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMY J. FAHNESTOCK WALKER, A/K/A AMY JANE FAHNESTOCK, DAVID C. WALKER, DEFENDANTS NO. 06-6886 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. Bradford, Esquire l for Plaintiff unse tZ dZ J. Fahnestock Walker, ?ya Amy Jane Fahnestock Xvid C. Walker Defendants bas J M. L. Ebert, Jr., J. az :9 WV z- AN cool AUViCN'v-HJWOQ'-a 3HI 3Q PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 VNB Mortgage Services, Inc. Court of Common Pleas Plaintiff vs. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Civil Division : Cumberland County : No. 06-6886 Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 DATE: David C. Walker 82 Rose of Sheron Drive Etters, PA 17319 PhelaM c ieg, LLP By: ich , q 're Attorney for Plaintiff ?? 1 ,.?.? ` ?f .w (_)'S X1 , , y,,,,+. ',, f ?3 m'a'r.. {" 0.,a ?`.? ?,? ? _ ' ? ? `? e ?. . PHELAN HALLINAN & SCHMIEQ 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 VNB Mortgage Services, Inc. Plaintiff VS. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6886 Civil Term MOTION TO MAKE RULE ABSOLUTE VNB Mortgage Services, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: I . That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007. 3. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 8, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Mich TB666trd.,s HMIEG, LLP 3 Date Attorney for the 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 VNB Mortgage Services, Inc. Plaintiff VS. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 06-6886 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 10, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. LLP Date Attorney for the Plaintiff Exhibit "A" VNB MORTGAGE SERVICES, INC.,: IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY J. FAHNESTOCK WALKER, A/K/A AMY JANE FAHNESTOCK, DAVID C. WALKER, DEFENDANTS NO. 06-6886 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michelle M. Bradford, Esquire Counsel for Plaintiff Amy J. Fahnestock Walker, a/k/a Amy Jane Fahnestock David C. Walker Defendants M. L. Ebert, Jr., J. bas Exhibit "B" n C a S c-n -C7 i ; r J Y rr PHELAN HALLINAN & SCH IIEG, LLP by: Michele M. Bradford, Esquire . Jl ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard - N, Philadelphia, PA 19103-1814 (215) 563-7000 VNB Mortgage Services, Inc. Court of Common Pleas Plaintiff VS. Amy J. Fahnestock Walker : Civil Division : Cumberland County ., No. 06-6886 Civil Term A/K/A Amy Jane Fahnestock • David C. Walker s00 Defendants CERTIFICATOM, SERVICE I hereby certify that a true and c ?a` py of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 DATE: ? David C. Walker 82 Rose of Sheron Drive Etters, PA 17319 E 4icyhle an Hallinan & c ieg, LLP B M. radfo q ' e ' Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S Date §4904 relamic rn falsific ' of authorities. radfor , quire At torney for Plaintiff PHELAN HALLINAN & SCHMIEQ 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 VNB Mortgage Services, Inc. Plaintiff vs. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6886 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 DATE: David C. Walker 82 Rose of Sheron Drive Etters, PA 17319 B [ichdle M: Bradford, Ilsquire ttorney for Plaintiff { SALE DATE: 6/13/07 IN THE COURT OF COMMON PLEAS OF ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VNB MORTGAGE SERVICES, INC. VS. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER AFFIDAVIT PURSUA AND RETURN OF SER Pa. R.C.P. 405 OF 1` Plaintiff in the above action sets Execution was filed the following information 72 M o.: 06-6886 TO RULE 3129.1 'E PURSUANT TO as of the date the Praecipe for the Writ of the real property located at: 17065. 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 pe sons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) Ind 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 for each notice. by the U.S. Postal Service is attached DANIEL SCHMIEG, ESQ Attorney for Plaintiff May 24, 2007 ... C a t? } .c d ? oa r ? ? M 04 ? L dO ea 1s L aoooclz W0MA 0311vn --. --L OOZ w a3-4 O M M7000 / M ZO g S30WIO9 AMAMI +.? i-19? a ® J .. .' ... ?:. II I .go .7gga ?j N H 8 ? z a o w z ? o ? o ?, o? ? a w d Q c?' ? a h ? x ?z+ ?C WW i w z t c i o g 134 v i F? L m .O 3 z d V Q N M N ?d t- 00 CI O •• .. N r. 4n .? 10 AA E MAY 30 zom #f V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VNB Mortgage Services, Inc. Court of Common Pleas Plaintiff VS. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants : Civil Division Cumberland County : No. 06-6886 Civil Term ORDER AND NOW, this SY day of 1>1?,L , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the writ of execution nunc pro tune as follows: Principal Balance Interest Through 6/13/07 Per Diem $28.88 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $156,191.22 10,011.00 282.46 1,325.00 1,107.00 0.00 86.00 150.00 0.00 0.00 ? I : I I WV I - Ar LQOZ lo-d ??L--'C-Cj3llJ Suspense/Misc. Credits 0.00 Escrow Deficit 6,471.31 TOTAL $175,623.99 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. BY THE COUR J. 44835 / O / ,0 0V 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 VNB Mortgage Services, Inc. Court of Common Pleas Plaintiff VS. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker Defendants : Civil Division : Cumberland County : No. 06-6886 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. Amy J. Fahnestock Walker A/K/A Amy Jane Fahnestock David C. Walker 172 Mountain View Road Mount Holly Spring, PA 17065 David C. Walker 82 Rose of Sheron Drive Etters, PA 17319 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 DATE: ((1 I U Madlor(\ , LLP y: Miquire Attorney for Plaintiff C) Q ' fl L'T' rn VNI3 Mortgage Services, Inc. VS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6886 Civil Term Amy J. Fahnestock Walker a/k/a Amy Jane Fahnestock and David C. Walker Kenneth Gossert, who being duly sworn according to law, states that on March 15, 2007 at 1855 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Amy J. Fahnestock Walker, a/k/a Amy Jane Fahnestock by making known unto Amy J. Fahnestock Walker, personally at, 172 Mountain View Road, Mt Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same, and David C. Walker, personally at, 1030 Wayne Avenue, Apartment A, Carisle, PA, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1450 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 Amy J. Fahnestock Walker, a/k/a Amy Jane Fahnestock and David C. Walker, at, 172 Mountain View Road, Mt. Holly Springs, Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Amy J. Fahnestock Walker, a/k/a Amy Jane Fahnestock, by regular mail to her last known address of 172 Mountain View Road, Mt Holly Springs, PA 17065 and David C. Walker, by regular mail to his last known address of 1030 Wayne Avenue, Apartment A, Carlisle, PA 17013. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 30.66 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 16.32 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 34.52 Law Journal 749.00 Patriot News 581.60 Share of Bills 16.17 Postpone Sale 20.00 $1,563.77 E ? 59.SJ3 ?,. / 95 J' 9Y So Answers: 0 a-_ ?O' ? 10 0 ? " R. Thomas Kline, Sheriff BY t SnYVUOC % Real Estate 'ergeant V14B MORTGAGE SERVICES, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS AMY J. FAHNESTOCK WALKER AWA AMY CIVIL DIVISION JANE FAHNESTOCK DAVID C. WALKER NO. 06-6886 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) VNB MORTGAGE SERVICES, INC. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 172 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRING, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY J. FAHNESTOCK WALKER A/K/A 172 MOUNTAIN VIEW ROAD AMY JANE FAHNESTOCK MOUNT HOLLY SPRING, PA 17065 DAVID C. WALKER 82 ROSE OF SHARON DRIVE ETTERS, PA 17319 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) SUSQUEHANNA VALLEY NURSING & REHABILITATION CENTER, LLC 745 CHIQUES HILL ROAD COLUMBIA, PA 17512 x ' 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) MEMBERS 1sT FEDERAL CREDIT UNION PO BOX 40 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 172 MOUNTAIN VIEW ROAD MOUNT HOLLY SPRING, PA 17065 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 subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities January 30, 2007 i DATE DANIEL G. SC QUIRE Attorney for Pl nt VNB MORTGAGE SERVICES, INC. Plaintiff, V. AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER Defendant(s). CUMBERLAND COUNTY No. 06-6886 January 30, 2007 TO: AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK DAVID C. WALKER 172 MOUNTAIN VIEW ROAD 82 ROSE OF SHARON DRIVE MOUNT HOLLY SPRING, PA 17065 ETTERS, PA 17319 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 172 MOUNTAIN VIEW ROAD, MOUNT HOLLY SPRING, PA 17065, is scheduled to be sold at the Sheriffs Sale on 6113/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $164,426.75 obtained by VNB MORTGAGE SERVICES, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. w 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 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoined of Lot Nos. 11 and 12 on the hereinafter mentioned plan with the centerline of said roadway; thence departing from the centerline of Mt. View Road, and extending along Lot No. 11, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and 11 on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the hereinafter mentioned plan; thence extending along Lot No. 17, North 6 degrees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No. 14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13; thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 minutes 36 seconds East, for a distance of 150.00 feet to an iron pin; thence North 89 degrees 39 minutes 24 seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 feet to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGINNING. CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVERTHELESS, to building and use restrictions for White Tail Meadows, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 412, Page 887. UNDER AND SUBJECT, NEVERTHELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, by its Deed dated May 13, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "A", Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife. PARCEL IDENTIFICATION NO: 08-12-0338-093 CONTROL #: 08001244 Premises: 172 Mountain View Road, Mt. Holly Spring, PA 17065 Dickinson Township RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amy J. Fahnestock and David C. Walker, single person, by Deed from Ronald T. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife, dated 07/07/1995, recorded 07/10/1995, in Deed Book 124, page 1077. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6886 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due VNB MORTGAGE SERVICES, INC., Plaintiff (s) From AMY J. FAHNESTOCK WALKER A/K/A AMY JANE FAHNESTOCK AND DAVID C. WALKER (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 $164,426.75 L.L. $.50 Interest FROM 1/30/07 TO 6/13/07 (PER DIEM - $27.03) -- $3,622.02 AND COSTS Atty's Comm % Atty Paid $191.76 Plaintiff Paid Date: FEBRUARY 1, 2007 (Seal) Due Prothy $1.00 Other Costs ADD'L FEES - $1,874.50 Curti. Long, r of ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 64.14 t# ?.J r.' Real Estate Sale # 36 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 172 Mountain View Road, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2007 By: j 0OL--? ?J? Real Estate Sergeant 11Z :o 'v ` ? 1 :1 1 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. Coyne, SWORKTO AND SUBSCRIBED before me this 4 day of May, 2007 SAL tAircli, REAL ESTATE SALE NO. 36 Writ No. 2006-6886 Civil VNB Mortgage Services, Inc. VS. Amy J. Fahnestock Walker a/k/a Amy J. Fahnestock and David C. Walker Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land in the Township of Dickinson, County of Cumberland, Common- wealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the centerline of Mt. View Road (T-474), said point marking the common point of adjoined of Lot Nos. 11 and 12 on the hereinafter mentioned plan with the centerline of said road- way, thence departing from the centerline of Mt. View Road, and extending along Lot No. 11, South 89 degrees 39 minutes 24 seconds West, through an iron pin set on the westernmost dedicated right-of- way line of Mt. View Road, a dis- tance of 25.00 feet from the origin of this call, for a total distance of 503.12 feet to an iron pin; thence continuing along Lot Nos. 10 and 11 on the hereinafter mentioned plan, South 00 degrees 20 minutes 36 seconds East, for a distance of 300.00 feet to a concrete monument at Lot No. 18 on the hereinafter mentioned plan; thence extending along Lot No. 16, North 83 degrees 35 minutes 28 seconds West, for a distance of 297.05 feet to an iron pin set on Lot No. 17 on the herein- after mentioned plan; thence extend- ing along Lot No. 17, North 6 de- grees 24 minutes 32 seconds East, for a distance of 496.53 feet to an iron pin set at Lot No. 14 thence extending along Lot No.14, South 83 degrees 35 minutes 28 seconds East, for a distance of 238.26 feet to a concrete monument at Lot No. 13, thence extending along Lot No. 13 the following two (2) courses and distances: South 00 degrees 20 minutes 36 seconds East, for a dis- tance of 150.00 feet to an iron pin; thence North 89 degrees 39 min- utes 24 seconds East, through an iron pin set on the westernmost dedicated right-of-way line of Mt. View Road, a distance of 25.00 feet from the terminus of this call, for a total distance of 503.12 fcct to a point in the centerline of Mt. View Road; thence extending in and through the centerline of Mt. View Road, South 00 degrees 20 minutes 36 seconds East, for a distance of 50.00 feet to a point in the centerline of Mt. View Road at Lot No. 11, said point marking the Place of BEGIN- CONTAINING 3.5998 acres to the dedicated right-of-way line and 3.6198 acres to the centerline of Mt. View Road, and being designated as Lot No. 12 on a Final Plan of Subdivision of White Tail Meadows, prepared for Kenneth Lin, Inc., by Stanley Jarmolenko, Registered Surveyor, dated October 21, 1991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 63, Page 136. UNDER AND SUBJECT, NEVER- THELESS, to building and use re- strictions for White Tail Meadows, as recorded in the Office of the Re- corder of Deeds in and for Cumberland County, in Miscella- neous Book 412, Page 887. UNDER AND SUBJECT, NEVER- THELESS, to all easements, notes, and rights-of-way noted on the Plan of Subdivision. BEING the same property which Kenneth Lin, Inc., a corporation organized and existing under and by virtue of the laws of the Com- monwealth of Pennsylvania, by its Deed dated May 13, 1993, and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "A", Volume 36, Page 349, granted and conveyed unto Ronald R. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife. PARCEL IDENTIFICATION NO: 08-12-0338-093. CONTROL #: 08001244. Premises: 172 Mountain View Road, Mt. Holly Spring, PA 17065, Dickinson Township. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Amy J. Fahnestock and David C. Walker, single person, by Deed from Ronald T. Leidigh, Jr. and Mary Ann M. Leidigh, husband and wife, dated 07/07/1995, re- corded 07/10/1995, in Deed Book 124, page 1077. 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#36 t ........... vv. Jc '-?-VAa-P ....... . ....... ................... Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ?a Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My, mmissi n Expires June 6, 2010 Me or. ?en v nia 4sscr_.iation of Notaries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 IMrWw tfW1?II?r Anry?ftmlelm a diasm'C'YMkftr /t* DOOM Ste Ndit ALL THff CERTAIN. of lad is the Tbwa ft of Dwboan, Cp®ty of 00kdaad, Xomwwwaft of Ataewvlvanis, bon" and GHINWit a poou in the cmtmbw of At x Rog (t4741; seed poem teatftia6 the a wpaW of m4miaed of Lot Nod: 11 ad on the htaeivafltr mahoaed p1m with the teeime of seed teadway; licme depaa6ag m tie oettemise of b t View R04 ad 'fmttoa. Lot NOL 10#M FiS4 for a *A* #1,0424W to a all at Let No. 18 on the pi>tG,<tbarc Erb KVM Lot No.;l6, ? dtr?aF?S aeocmds West, der adesltaoe ((29' M feet to ilia pin set oft- ,17.ce thi bminaft inroatianed,phn; d mmmdmding along Lot No. 1?, Nodhb;dWw 24miumoa 32 own& Bast, fat a diamoe of 496.53 het to as ima pits sdat :tut No. 14 *mm m mdmg slang lab No. 14, i&YA 13 degms 35 mimom 28 socmb Eat, a dio= oW6.26 fmi to a mom to at Lot No. 13; thaooe e{tdadmg tut No. 13 dto'folk+ * two (2) ?' &do=: SoA,,g8ilypttes'20 dudes 36 ftt, for a 99A MM of 136.b0 id to an piati tlliam iKd?e? ?'tit?teatl3?'lt?Me a4 reeoath Bnat, Sltlll tM 1MRMl dl so ire ttietlail lylir 4f wt View ant a tiattttl? of b fitat 6 ft tie minim d ak CA ft a told G* m of 509.12 feet b a point in tic cemMW d Wt View Road; thence ales ding m and through omtelene of'Nt. View ADrd, StWt00 deg= 20 mimne+ 36 souk for a dtsbm of 50.00 feet to a point in to of Mt. View Road at Lat No.11, aaalpoipt =wg dw Pltceof B1+GOd1i M. CWFAM4 3-9W acres to the dew r*-af-way hne ad ?3.6198 Km to the ceatetfiae d NIL Vow Roved, std being didpoled u tat Pk. 12 m wFaW m of Saitiritioe of wAkjw )rte O"W for two LbL tee., ft* T/atYwwba, a?air?NrM1?9r."tom C7"E to Remaifcm!" a 11ta 36. 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 VNB Mortgage Services, Inc. Plaintiff vs. Amy J. Fahnestock Walker, a/k/a Amy Jane Fahnestock David C. Walker Defendant(s) TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 06-6886 Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: -a 1 u % Francis S. Hal inan, Esquire Attorney for Plaintiff PHS# 144835 i":? rwa c ?p ? Cz, o0 E ?` IN; 05 00 Ull