The URL can be used to link to this page

Home My WebLink About07-2568NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 153396 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 File #: 153396 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 #: 153396 Plaintiff is FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/16/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1940, Page: 4304. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2007 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 #: 153396 6. The following amounts are due on the mortgage: Principal Balance $84,326.31 Interest $2,403.12 12/01/2006 through 05/01/2007 (Per Diem $15.81) Attorney's Fees $1,250.00 Cumulative Late Charges $82.71 02/16/2006 to 05/01/2007 Cost of Suit and Title Search 550.00 Subtotal $88,612.14 Escrow Credit $0.00 Deficit $367.74 Subtotal 367.74 TOTAL $88,979.88 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 153396 9. 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. 10. 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 $88,979.88, together with interest from 05/01/2007 at the rate of $15.81 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 & SCHMIE LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153396 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direction from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section'F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section'F', on the Plan of Lots known as Plan No. 1 of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 59. HAVING THEREON ERECTED a two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Pennsylvania. File #: 153396 VERIFICATION 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Y? " I - 6-1 J ^ fig, t ''`' o Z C.J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2568 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION Plaintiff (s) From DANIEL J. WOODFORD a/ka/ DANIEL JAMES WOODFORD (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 $90,007.53 L.L. $.50 Interest from 7/05/07 to 12/05/07 (per diem - $14.80) -- $2,264.40 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $193.08 Other Costs $1,881.50 Plaintiff Paid Date: 07-06-07 C is R. Long, Prrothon ry (Seal) By: K. 9 Depu REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. No. 07-2568 DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 07/05/07 to DECEMBER 5, 2007 (per diem -$14.80) Add'1 Costs TOTAL $90,007.53 $2,264.40 and Costs $1,881.50 $94,153.43 DANIEL G. SCHMIW, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative,of the plaintiff is not present at the sale. 153396 d O? W ? a O? ?a O? U? Oo ?U O U ' H? Z' V ? a c ? r ? O N w ? W V -? d ^ _ a W `?, a ? W? 0 V Zi > d xO O a+? ? __ H O U ? o ? a w h A a f? x ss = Q" ? R ? ? y OO R5 «' M r? M er 0 d a W -1 Z a o A b d C„J d ? J 8 ? a. N i M M l DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direction from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section 'F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section 'F', on the Plan of Lots known as Plan No. 1 of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Bookl, Page 59. HAVING THEREON ERECTED a two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Pennsylvania. PARCEL IDENTIFICATION NO: 12-22-0824-022 CONTROL #: 12001487 Premises: 966 Bosler Avenue, Lemoyne, PA 17043-1713 Borough of Lemoyne Cumberland County Pennsylvania TITLE TO SAID PREMISES IS VESTED IN Daniel J. Woodford, adult individual, by Deed from Essa Louise Wells, single person, dated 02/16/2006, recorded 02/21/2006, in Deed Book 273, page 1126. cr -rt °'t1 i`? r?zt tIa PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION : 4000 HORIZON WAY CUMBERLAND COUNTY IRVING, TX 75063 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-2568 DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 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 DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD, Defendant(s) for failure to file an Answer to Plaintiff s 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 $88,979.88 Interest from 05/02/07 to 07/05/07 $1,027.65 TOTAL $90,007.53 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. f 1 o ?ANIEL G. SCH IEG ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 /!o /0 7 1-4 " P. om O PROTHY 153396 C?:? ? d ? , ?s ' ' ?~ ? V ;Y ?? _ ?r ? ""' -t Tr? w.. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD :NO. 07-2568-CIVIL TERM Defendants TO: DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 DATE OF NOTICE: JUNE 15, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY Plaintiff, v. DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2568 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 DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD is over 18 years of age and resides at, 966 BOSLER AVENUE, LEMOYNE, PA 17043-1713. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, Attorney 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 FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2568 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. E WANIEL SC MIE , ESQ Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2568 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,966 BOSLER AVENUE, LEMOYNE, PA 17043-1713. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 understan at false stateme s rein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns o 'ficati n t u t' s. July 5, 2007 DATE bANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 07-2568 DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). July 5, 2007 TO: DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 966 BOSLER AVENUE, LEMOYNE, PA 17043-1713, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,007.53 obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direction from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section 'F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section 'F', on the Plan of Lots known as Plan No. 1 of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Bookl, Page 59. HAVING THEREON ERECTED a two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Pennsylvania. PARCEL IDENTIFICATION NO: 12-22-0824-022 CONTROL #: 12001487 Premises: 966 Bosler Avenue, Lemoyne, PA 17043-1713 Borough of Lemoyne Cumberland County Pennsylvania, TITLE TO SAID PREMISES IS VESTED IN Daniel J. Woodford, adult individual, by Deed from Essa Louise Wells, single person, dated 02/16/2006, recorded 02/21/2006, in Deed Book 273, page 1126. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS WOODFORD DANIEL J ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WOODFORD DANIEL J DEFENDANT was served upon A DANIEL JAMES WOODFORD the , at 1148:00 HOURS, on the 25th day of May , 2007 at 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 LOGAN WOODFORD, SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 46.08 Affidavit .00 Surcharge 10.00 .00 4ja,4joj4,,/ 74.08 Sworn and Subscibed to before me this day So Answers: 4P, ` ` . R. Thomas Kline 05/29/2007 PHELAN HALLINAN SCHMIEG By: yo Deputy Sher ff of A. D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation Court of Common Pleas VS. Plaintiff : Civil Division : Cumberland County Daniel J. Woodford No. 07-2568 Civil Term A/K/A Daniel James Woodford Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 3, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 6, 2007 in the amount of $90,007.53. 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 December 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $84,326.31 Interest Through 12/05/07 5,771.02 Per Diem $15.81 Late Charges 82.71 Legal fees 1,250.00 Cost of Suit and Title 1,129.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 68.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,418.36 TOTAL $941045.40 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & S ieg, LLP Mlihl,'I. ad for , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County No. 07-2568 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 966 Bosler Avenue, Lemoyne, PA 17043-1713. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road 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. DATE: Phel Hallman & Schmieg, P B: Michele M. Bra for , uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 1533% FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 v, Plaintiff -t < - f ?'"_ " e rn _rt G7 - p f_ W '?D ATTORNEY FOR PLAIWIFFw -? COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. n-7 c2s (z Ic-i 17 CUMBERLAND COUNTY DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE :ILO Gov, LEMOYNE, PA 17043-1713 y 0K%EY R? PIO.S.S RE Defendant CIVIL ACTION - LAW COMPLAINT M MORTGAGE FORECLOSURE ????^a 0.F a ?l,,%e rgCe0i `?tvne iCO p ?p rpro, ?Aw File #; 153396 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 DAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filc #: 153396 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 File N: 153396 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. Pile k: 153396 1. Plaintiff is FIRST HORIZON HOME, LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/16/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1940, Page: 4304. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0 1/0 1 /2007 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 #: 153396 6 The following amounts are due on the mortgage: Principal Balance $84,326.31 Interest $2,403.12 12/01/2006 through 05/01/2007 (Per Diem $15.81) Attorney's Fees $1,250.00 Cumulative Late Charges $82.71 02/16/2006 to 05/01/2007 Cost of Suit and Title Search 5? 50.00 Subtotal $88,612.14 Escrow Credit $0.00 Deficit $367.74 Subtotal 367.74 TOTAL $88,979.88 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Nick 153396 9. 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. 10. 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 $88,979.88, together with interest from 05/01/2007 at the rate of $15.81 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 & SCI-iMIE LLP By: /s/Francls S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153396 LEGAL DESCRIPTION ALL THAI' CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosley Avenue at a distance of 648.89 feet, more or less, measured in a westerly direction from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section'F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section 'F', on the Plan of Lots known as Plan No. I of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Bookl, Page 59. HAVING THEREON ERECTEDa two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Pennsylvania. File #: 153396 VERIFICATION 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: C PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHIVIIEG 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 'A'7.ORPJEY FILE COPY PEASE RETURN FIRST HORIZON HOME LOAN CORPORATION : 4000 HORIZON WAY CUMBERLAND COUNTY IRVING, TX 75063 COURT OF COMMON PLEAS Plaintiff, V. DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 Defendant(s). CIVIL DIVISION Q? NO. 07-2568 A d UHIVEY FILE PLEASE RETIA°, PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: N O r- f Fn _ 2; Kindly enter an in rem judgment in favor of the Plaintiff and against DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD. 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: A?. As set forth in Complaint interest from 05/02/07 to 07/05/07 TOTAL P ?DvzpyF/LE $88,979.88 sFRE`yl Copy $1,027.65 ?N $90,007.53 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ; _ Y ATTOPaaEY E[t_E COPY ?, y ESQZTI G, PLEASE RETURN 6 Attorney A for Plaintiff COpy DAMAGES ARE HEREBY ASSESSED AS INDICATED. A PEA Ey FILE MAj DATE: PRO PROTHY 153396 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire September 24, 2007 Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 Representing Lenders in Pennsylvania and New Jersey RE: First Horizon Home Loan Corporation vs. Daniel J. Woodford A/K/A Daniel James Woodford Premises Address: 966 Bosler Avenue, Lemoyne, PA 17043-1713 Cumberland County CCP, No. 07-2568 Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, September 28, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Y is el r , E squire For Phelan Hallinan & Schmieg, LLP Enclosure d ,.r °a?s?x o ?a$ 4 w ° o £p 1,6 LOOZ 53i?9® / OA i 0 CD wD ? -cS cU d -a 6i O 0 0 oti 6A rn 7 b ? ? 1.? <G ?/' o• 0 d ° a d d ? ? a., o a M tP OA 7r cFo y G y a> i ? G x. G? ? U q 00 0 it 6 A ? U JNy? r ry?X ?pp w ° W 'id o o ?3 ? o, en O m N ? C ? O N J C? U O N O P y... O e??6 ?XX .Q 5 rG O w d T d a? 00 z o? ? U 7 x d r N cn d v'? 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 unworn falsification to authorities. DATE: ID Ph an c L B ichele radfor , ksq?ire 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 First Horizon Home Loan Corporation Plaintiff VS. Daniel J. Woodford A/K/A Daniel James Woodford Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-2568 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 DATE: C) Q? e y Attorney for Plaintiff c? ? c? --- ? -n c ?' ---! .' c __ -;? ? ,?: ' . t c.? '? ?... _4.} } _'3fi OCT 0 4 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant RULE AND NOW, this. Y' Court of Common Pleas : Civil Division : Cumberland County No. 07-2568 Civil Term day of GJ-D?-y 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable en +he a-v of ?""? `L - oom o e ennsy vania. t,'Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradforda,fedRhe. com BY TH OURT, J. aniel J. Woodford A/K/A aniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 Tel: (717)737-9983 IX3 12T I UTAI107 153396 r.,; ??,*? ?. f? ?'?Liv `, ` ?? ?? j? ?: r ? 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 First Horizon Home Loan Corporation Court of Common Pleas Plaintiff VS. Daniel J. Woodford A/K/A Daniel James Woodford Defendant : Civil Division : Cumberland County : No. 07-2568 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of October 30, 2007 was sent to the following individual on the date indicated below. Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 g, LLP DATE: By; Michele M. Bradford, ttorney for Plaintiff `' C rrt I j W C -C cn PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 First Horizon Home Loan Corporation Court Of Common Pleas Civil Division vs. Daniel J. Woodford a/k/a Daniel James Woodford Cumberland County No. 07-2568 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP By:y? cl S S? Francis S. Hallinan, Esquire Lawrence T. Phelan 1 Daniel G. Schmieg Dated: 1, ?a-"?? File #: 153396 C'7 ? O cn> -b C) ?.?.1f ... cnn v M ? - Y rTj V m' .? r i W l AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF FIRST HORIZON ROME LOAN / CORPORATION No. 07-2568 DEFENDANT(S) DANIEL J. WOODFORD A/K/A DANIEL ACCT. #153396 JAMES WOODFORD Type of Action SERVE DANIEL J. WOODFORD A/K/A DANIEL JAMES - Notice of Sheriffs Sale WOODFORD AT 966 BOSLER AVENUE Sale Date: DECEMBER 5, 2007 LEMOYNE, PA 17043-1713 SERVED Served and made known to boAl k` I wo , Defendant, on the 5_15f day of TU I 200-, at , ° 30 , o'clock _p.m., at q66 Bgo!fler FWP.idu,21 E? (ti1pY Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: /Age`_ Height L?9_" Weight J70 Race _kl Sex _hj_ Other I, ?QN?LD `?IUL L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before* day of Not- V MPT SLr1TVICE AT L 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of Moved NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Unknown No Answer 1st Attempt: ®- / OR Time: : 3rd Attempt: Time: Sworn to and subscribed before me this day of 200_. Notary: Vacant 2nd Attempt: 4-7 / (G / 07 Time:- 2 :0 5 or, Attorney for Plaintiff DANIEL G. SCBAMG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ? ?s s C„ C= -n _TJ a r m .- . . ' r ° CD 2of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION DANIEL J. WODDFORD A/K/A DANIEL JAMES WOODFORD NO. 07-2568 Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 966 ROSLFR AVF.NTIF._ I.FMOYNF, PA 17043-1713. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (preciously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. QUIRE DANIEL G. SC IEG, Attorney for Plaintiff Date: October 25, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a representative of the plaintiff at he Sheriff Q Sale_ The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153396 S:1 :--L. o? p; ? rh a "SO g .'0 all u 4+4 O a ?a ro ? a Q zdo k ? 8 u 'a a?? < < ??z woaa o3+idw ? o so inr o Los avooo . 112 rv? zo g r tier-33mmm A3pu+ 400=0m. M G .ter O B y N N ?, ME"? .Mr Op iJ ? w . a pa l S 91% AE d 4?N z O a ?? ? ? pp aG ??8? o o a u a A o 70 4-4 d ? •-? A ? 1 V en 'W ?` p? d a ? y ^ ? • y I N 3 . = Frr o a a . 0 a 8 02 u > 000 00 z e ?; o k o ls?o CIA o E E a '? m C r-Zp <n Fil - L c-n PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 07-2568 Civil Term MOTION TO MAKE RULE ABSOLUTE First Horizon Home Loan Corporation, 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 3, 2007. 3. A Rule was entered by the Court on or about October 4, 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 October 10, 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 October 31, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Date PHELAN HALLINAN & SCHMIEG, LLP M h le rad or , squire 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 First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2568 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 3, 2007. A Rule was entered by the Court on or about October 4, 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 October 10, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 30, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Inc & SCHMIEG, LLP Date Michele M. Brad rd, Esquire Attorney for the Plaintiff OCT 0 4 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA First Horizon Home Loan Corporation Plaintiff VS. Daniel J. Woodford A/K/A Daniel James Woodford Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 07-2568 Civil Term RULE AND NOW, this day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. o'Z d Gt.:t? S ZT'h£?. S?EJ2Lxt.,? Rule Returnable , Main om o e um er an County o , Foursytwulla. BY THE COURT, a-, gu? J. Michele M. Bradford, Esquire Daniel J. Woodford A/K/A Daniel James Woodford Phelan Hallinan & Schmieg, LLP 966 Bosler Avenue 1617 JFK Boulevard, Suite 1400 Lemoyne, PA 17043-1713 Philadelphia, PA 19103 Tel: (717)737-9983 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford0f0 hp e.com TRUE COPY FROM RECORU 153396 If) Teettmony whereof, wrn.unto- sei my han: and the seed of said Court at Carina, Pa i? day othonotary rv I a D Q Q7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suitd 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 First Horizon Home Loan Corporatio 4 Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County Daniel J. Woodford 4 No. 07-2568 Civil Term A/K/A Daniel James Woodford 01A Defendant ?CERTIFICATfiNN OF SERVICE I hereby certify that a true and cct copy of our Motion to Reassess Damages noting a Rule Return date of October 30, 200 w sent to the following individual on the date indicated below. Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 DATE: O 'Ak IV, LLP 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. 10 ?I i Date §4904 relating to the unsworn falsifi tion of authorities. chele M. Bradfor squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County No. 07-2568 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. Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 DATE: Phelan H linan & Schm' , LLP By: ( y y rfft Michele M. Brad or squire Attorney for Plaintiff Tl NOV 0 62007 Af? V1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA First Horizon Home Loan Corporation Plaintiff vs. Daniel J. Woodford A/K/A Daniel James Woodford Defendant : Court of Common Pleas Civil Division : Cumberland County : No. 07-2568 Civil Term ORDER AND NOW, this day of /1444- , 2007, upon consideration of Plaintiffs 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 tunc as follows: Principal Balance $84,326.31 Interest Through 12/05/07 5,771.02 Per Diem $15.81 Late Charges 82.71 Legal fees 1,250.00 Cost of Suit and Title 1,129.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 68.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 VINVAIASNkm 8£ .-OI wv 6- AON tool AdViQNC)H J.f 3HL j0 30L 0tl31H Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 12/05/07 through the date of sale at six percent per annum. 0.00 1,418.36 $94,045.40 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Y THE r: J. /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com /Daniel J. Woodford A/K/A Daniel James Woodford 966 Bosler Avenue Lemoyne, PA 17043-1713 Tel: (717)737-9983 !/19/07 153396 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Koeppel Norene P is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of July, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2568, at the suit of First Horizon Home Loan Corn against Daniel J woodford aka Daniel James is duly recorded as Instrument Number 200801643. IN TESTIMONY WHEREOF, I have hereunto set my hand and s al of said office this day of A.D. 2<1V? of Deeds f?ecortier ai `?=any, Gumbedand County, CarUW, PA My Commiasione Expkas the First Monday of ,Jan. 2010 First Horizon Home Loan Corporation In the Court of Common Pleas of VS Cumberland County, Pennsylvania Daniel J. Woodford a/k/a Daniel James Woodford Writ No. 2007-2568 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made diligent search and inquiry for the within named defendant, to wit: Daniel J. Woodford a/k/a Daniel James Woodford, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Daniel J. Woodford a/k/a Daniel James Woodford. Several attempts at service were made but no one answered the door. The house appears to be vacant. The Lemoyne Post Office is holding the defendant's mail. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1349 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 Daniel J. Woodford a/k/a Daniel James Woodford located at 966 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $98,000.00 to Norene P. Koeppel. It being the highest bid and best price received for the same, Norene P. Koeppel of 238 Green Lane Drive, Camp Hill, PA 17011, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $101,994.60. Sheriff s Costs: Docketing $30.00 Poundage 1,960.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Law Journal 371.00 Patriot News 335.72 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $2,943.36 /9a 9 L G- ? 04 s ?c3333 So Answers: R. Thomas Kline, Sheriff BY\ n Real Estate 'ergeant . FIRST HORIZON HOME LOAN CORPORATIO& CUMBERLAND COUNTY ?. Plaintiff, V. COURT OF COMMON PLEAS DANIEL J. WOODFORD A/K/A DANIEL JAMES CIVIL DIVISION WOODFORD NO. 07-2568 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,966 BOSLER AVENUE, LEMOYNE, PA 17043-1713. 1. Name and address of Owner(s) or reputed Owner(s): Name DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Last Known Address (if address cannot be reasonably ascertained, please indicate) 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 understanat false stateme s rein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns o 1 'fcati n t ut ti s. July 5, 2007 11, #1 AQ DATE DANIEL G. SCHMIEG, ESQUIRE7 Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION Plaintiff, V. DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD Defendant(s). CUMBERLAND COUNTY No. 07-2568 July 5, 2007 TO: DANIEL J. WOODFORD A/K/A DANIEL JAMES WOODFORD 966 BOSLER AVENUE LEMOYNE, PA 17043-1713 "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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 966 BOSLER AVENUE, LEMOYNE, PA 17043-1713, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,007.53 obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direction from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section 'F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section 'F', on the Plan of Lots known as Plan No. 1 of Riverton, said Plan being recorded in the Cumberland County Recorder's Office in Plan Bookl, Page 59. HAVING THEREON ERECTED a two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Pennsylvania. PARCEL IDENTIFICATION NO: 12-22-0824-022 CONTROL #: 12001487 Premises: 966 Bosler Avenue, Lemoyne, PA 17043-1713 Borough of Lemoyne Cumberland County Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Daniel J. Woodford, adult individual, by Deed from Essa Louise Wells, single person, dated 02/16/2006, recorded 02/21/2006, in Deed Book 273, page 1126. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2568 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION Plaintiff (s) From DANIEL J. WOODFORD a/ka/ DANIEL JAMES WOODFORD (1) You are directed to levy upon the properly 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 $90,007.53 L.L. $.50 Interest from 7105/07 to 12/05/07 (per diem - $14.80) -- $2,264.40 and Costs Atty's Comm % Atty Paid $193.08 Plaintiff Paid Due Prothy $2.00 Other Costs $1,881.50 Date: 07-06-07 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE &I L-?4i P. r4m C s R. Long, Prothy ary By: &&,,- K.. U (F Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 1617 JOHN F KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 r WPY FROM HE RE) -a Town" WMme, I h" M* 8* AV lw?: MW *4 so of ad 1 Car , Pa. t?+:s1U oc juea2.zaS sg Iva, :AS LOOZ Z isn'Bnv:aiLQ •uiaioq pajL zodaoml aouajajaz sigl Xq pue I!jm sitp ip!m palm «V„ I!q!gxg uo pagijosap XIInj azouz `auXouua7 ` OAV .zalsog 996 sL paaaquunu puL unnoux Vd `AlunoD pueljagwnD `qSnojog ouXouiaZ ui poluMis Apadoid ILai a p ui isa ialui s juepuajap aul uodn painal j3!jOuS 3111 LOOZ `Z Isn2nV up 90 # OILS alulsg leag GI c lJu` SCHEDULE OF DISTRIBUTION SALE NO. 06 Date Filed: January 4, 2008 Writ No. 2007-2568 Civil Term First Horizon Home Loan Corporation VS Daniel J. Woodford a/k/a Daniel James Woodford 966 Bosler Ave. Lemoyne, PA 17043 Sale Date: December 5, 2007 Buyer: Norene P. Koeppel Bid Price: $98,000.00 Real Debt: $94,045.40 Interest: Misc. Costs: Total: $94,045.40 (per order of court) DISTRIBUTION: Receipts: Cash on account (08/02/2007): Cash on account (12/05/2007): Cash on account (12/14/2007): $ 1,500.00 9,800.00 92,194.60 Total Receipts: $103,494.60 Disbursements: Sheriffs Costs $2,943.36 Legal Search 300.00 Transfer Tax, Local 867.30 Transfer Tax, State 867.30 Faith Nicola, Tax Collector 310.37 Lemoyne Borough 867.83 Attorney Daniel Schmieg 1,500.00 First Horizon Home Loan Corporation 94,045.40 Daniel Woodford 1,793.04 Total Disbursements: ($103,494.60) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 6, held December 5, 2007 EFFECTIVE DATE: December 5, 2007 PREMISES: 966 Bosler Avenue (Borough of Lemoyne) Cumberland County, Pennsylvania tax parcel No. 12-22-0824-022 (the "Premises") RECITAL: Being the same premises which Essa Louise Wells, single person, by her Deed dated February 16, 2006 and recorded February 21, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 1126, granted and conveyed unto Daniel J. Woodford. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. R • 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Subject to the spousal rights, if any, of any spouse of Daniel J. Woodford. -2- 21. Mortgage in the amount of $85,000.00 from Daniel J. Woodford to MERS as nominee for First Horizon Home Loan Corporation dated February 16, 2006 and recorded February 21, 2006 in Mortgage Book 1940, Page 4304, assigned July 19, 2007 in Misc. Book 738, Page 3409 to First Horizon Home Loan Corporation. 22. Judgment against Daniel J. Woodford, also known as Daniel James Woodford, in the amount of $94,045.40 entered November 9, 2007 to No. 2007-2568. (Arising from mortgage foreclosure complaint with respect to the mortgage identified as item 21, above.) 23. All building setback lines, easements, notes, conditions and all matters appearing on Plan No. 1 of Riverton recorded in Plan Book 1, Page 59. 24. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Bosler Avenue and Apple Alley. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 6 Writ No. 2007-2568 Civil First Horizon Home Loan Corporation VS. Daniel J. Woodford a/k/a Daniel James Woodford Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direc- tion from the southwestern corner of Bosler Avenue and Ninth Street, formerly Armstrong Street; thence in a southerly direction along the eastern line of Lot No. 58, Section `F', on the hereinafter mentioned Plan of Lots, 140.44 feet to the northern line of Apple Alley; thence in an easterly direction along the northern line of Apple Alley, 30 feet to a point; thence in a northerly direction along a line at right angles with Bosler Avenue, 140.44 feet to a point on the southern line of Bosler Avenue; thence in a westerly direction along the southern line of Bosler Avenue, 30 feet to the place of BEGINNING. BEING the western 30 feet to Lot No. 59, Section `F', on the Plan of Lots known as Plan No. 1 of Riverton, said Plan being recorded in the Cumber- land County Recorder's Office in Plan Book 1, Page 59. HAVING THEREON ERECTED a two-story frame dwelling known as 966 Bosler Avenue Lemoyne, Penn- sylvania. PARCEL IDENTIFICATION NO: 12-22-0824-022. CONTROL #: 12001487. Premises: 966 Bosler Avenue, Lemoyne, PA 17043-1713 Borough of Lemoyne, Cumberland County, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Daniel J. Woodford, adult individual, by Deed from Essa Louise Wells, single person, dated 02/16/2006, recorded 02/21/2006, in Deed Book 273, page 1126. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 6 Writ No. 2007-2568 Civil First Horizon Home Loan Corporation VS. Daniel J. Woodford a/k/a Daniel James Woodford Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue at a distance of 648.89 feet, more or less, measured in a westerly direc- tion from the southwestern comer _Q1LBQ*r Avenue ,@&d Nnth Street . - ?'? I'- - ? '__ LCoyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Lnquiiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4fPahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 to 4' e¦1UINu R*w hui 11111BI*1 W n VA4 Ma MY41M CW TSem I%U M10 tool-11 Moan ? ^^rIM 1 ?Me ?i sY?il Drnfol D1 ALL TART (SATAN piece a Peal of had dtu& in the BMW* of Lemaype, Cmdy of CMmbarb W and State of 1'wylvaoia, being man pae6adufy bounded-and described as r faibOvs,lo Wit l BEICIM M at a point an the lout M be of BoAerAKaetSstadnluca?b?i4fil??a!e _ of be, meawne I in a WSW* &K N US iadlrla tb be Sworn to the wwwe*m emm of Bonier X% M ad lA & MO. foaaly A-MM Altk ara?e in a WAOM* d' Rd= d" do SOON hie of Lot No. It Sold= 7, sr ft 1 ear3e h meadmill aria d Lel1'I" 11110 ID ft noses So 414" Aft. ions i an me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Ckvk, Notary Public CRY Of W Comm Harrisburg, ? June 2,2W8 Member, Pennsylvania Assoclatlon of Notaries 10/31/07 11/07/07