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HomeMy WebLinkAbout07-5854PHELAN 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 162663 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 V. Plaintiff JASON M. STIFFLER LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67 - SB64 0M c -rt,rm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162663 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162663 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 #: 162663 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 #: 162663 Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: JASON M. STIFFLER LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/2004 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: 1887, Page: 103. 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. File #: 162663 5. 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 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. The following amounts are due on the mortgage: Principal Balance $105,371.42 Interest $3,130.38 04/01/2007 through 10/03/2007 (Per Diem $16.83) Attorney's Fees $1,250.00 Cumulative Late Charges $138.90 11/02/2004 to 10/03/2007 Cost of Suit and Title Search 550.00 Subtotal $110,440.70 Escrow Credit $0.00 Deficit $787.75 Subtotal 787.75 TOTAL $111,228.45 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. File #: 162663 8. 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. 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. File #: 162663 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 $111,228.45, together with interest from 10/03/2007 at the rate of $16.83 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 &;:C HMI LP By: /s/Francis S. Hallii LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162663 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more fully described as follows: ACCORDING to a Plan of Lots, Louis Park, by D.P. Raffensperger, RS, December 21, 1951 and recorded in the Office of the Recorder of Deeds, Carlisle, PA, in Plan Book 5, Page 50. BEGINNING at a point on corner formed by intersection of Southwesterly side of Arnold Road, (50 feet wide) with Northwesterly side of Louis Lane South, (60 feet wide); thence extending from said beginning point South 74 degrees, 59 minutes West, along Northwesterly side of said Louis Lane South 90 feet to a point; thence extending North 15 degrees 1 minute West 83.97 feet to a point; thence extending North 60 degrees 55 minutes East 83.21 feet to a point on the Southwesterly side of Arnold Road; thence extending along Southwesterly side of Arnold Road in Southeasterly direction on arc of circle curving to the right having a radius of 310 feet arc distance of 76.10 feet to point of tangent; thence extending still along said side of Arnold Road South 15 degrees 1 minute East 28.85 feet to the point and place of BEGINNING. BEING Lot No. 96 on said Plan. BEING KNOWN and numbered as 96 Arnold Road, Enola, Pennsylvania. File #: 162663 BEING THE SAME PREMISES which Boyd A. Chubb and Diane M. Chubb, husband and wife, by deed dated and recorded November 24, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 1133, granted and conveyed unto Vern W. Campbell and Jody W. Sholly, as joint tenants with the right of survivorship and not as tenants in common, Grantors herein. PARCEL NUMBER 09-13-1002-027 File #: 162663 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 of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. w f Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: It3 IoL 00 r-; a -T, ()1 Q W D -Z f"j { j C:. "4 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-4491 victoria snigarevanfefthe rnm FIRST HORIZON HOME LOAN : COURT OF COMMON PLEAS CORPORATION, A DIVISION OF : CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL : No. 07-5854-CIVIL TERM ASSOCIATION Plaintiff Vs. JASON M. STIFFLER LYNN M. STIFFLER Defendant(s) : PHS # 162663 'SUGGESTION nF RF.CnRn CHANGE. RF! PLAINTIFF'S NAME FRANCIS HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the plaintiff was erroneously listed in the complaint as: FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION The correct name for the Plaintiff is: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION. Kindly change the information on the docket. Date: October 19, 2007 Francis allinan, Esquire Attorney for Plaintiff r cp? -r ? ? M1 1 a ". .A J 4 •? Vo r , ` E ..» c ^~ "tea SHERIFF'S RETURN - REGULAR Ir CASE NO: 2007-05854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS STIFFLER JASON M ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STIFFLER JASON M the DEFENDANT , at 1055:00 HOURS, on the 18th day of October , 2007 at 96 ARNOLD ROAD ENOLA, PA 17025-2148 by handing to LYNN STIFFLER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 v/42.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/19/2007 PHELAN HALLINAN SCHMIEG By: A*5<0 Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR s ? CASE NO: 2007-05854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS STIFFLER JASON M ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon C'TT'P'PT.T"P T.VMXT M the DEFENDANT , at 1055:00 HOURS, on the 18th day of October , 2007 at 96 ARNOLD ROAD ENOLA, PA 17025-2148 by handing to LYNN STIFFLER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 q1_ ??/©x/67 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: i? R. Thomas Kline 10/19/2007 PHELAN HALLINAN SCHMIEG By: 4A45?:_ Deputy Sheriff A. D. 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, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JASON M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 NO. 07-5854-CIVIL TERM 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 JASON M. STIFFLER and LYNN M. STIFFLER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $111,228.45 Interest from 10/04/07 to 11/27/07 $925.65 TOTAL $1129154.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _Ae I'll s D. O FROTHY 162663 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, A : COURT OF COMMON PLEAS DIVISION OF FIRST TENNESSEE BANK Plaintiff : CIVIL DIVISION Vs. JASON M. STIFFLER LYNN M. STIFFLER Defendants TO: JASON M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 DATE OF NOTICE: NOVEMBER 8.2007 CUMBERLAND COUNTY : NO. 07-5854-CIVIL TERM v? # gip r.; C 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 4 FCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, A : COURT OF COMMON PLEAS DIVISION OF FIRST TENNESSEE BANK Plaintiff : CIVIL DIVISION Vs. JASON M. STIFFLER LYNN M. STIFFLER Defendants TO: LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 DATE OF NOTICE: NOVEMBER 8.2007 CUMBERLAND COUNTY NO. 07-5854-CWIL TERM 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. HAIJINAN, ESQU Attorneys for Plaintiff 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, A DIVISION OF FIRST TENNESSEE BANK CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4000 HORIZON WAY . CIVIL DIVISION Plaintiff, NO. 07-5854-CIVIL TERM V. JASON M. STIFFLER LYNN M. STIFFLER Defendant(s). 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 JASON M. STIFFLER is over 18 years of age and resides at, 96 ARNOLD ROAD, ENOLA, PA 17025-2148. (c) that defendant LYNN M. STIFFLER is over 18 years of age, and resides at, 96 ARNOLD ROAD, ENOLA, PA 17025-2148. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ev4ic- - xt. DANIEL G. SCHMIEG, ESQUIAE Attorney for Plaintiff p _,?., ? ..?, ? _ ? F 4 ?-.? « C) M s? p,*???,.; ? ?? 2? ? ? 6` ??, t.?,; ` a ? -- -- ? _ ? ;p / ?.?. S?? F y ? ' 1 ' ? r ?3 . tGy °'? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JASON M. STIFFLER LYNN M. STIFFLER NO. 07-5854-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: DEPUTY If you have any questions concerning this matter, please contact: DA IEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION , Plaintiff, No. 07-5854-CIVIL TERM V. JASON M. STIFFLER LYNN M. STIFFLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/28/07 TO 03/05/08 (per diem -$18.44) Add'l Costs TOTAL $112,154.10 $1,825.56 and Costs $2,180.00 $116,159.66 DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.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. 162663 V QO .-y `et N4A COO H o0 a? C? '?©0 U as w ?zN as ?,,? ?? ??Q??O wa w ? ww b cri Clio 00 gu, U W t? c U U ? .? v ca ca , rvF r Ste` y w Q` $ N Z ?fO ?? .?` r t co (j?l'vl O O O S 0 0 ? B L i t 1i b c p -? U C 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, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JASON M. STIFFLER . LYNN M. STIFFLER . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5854-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ym-c' DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff a.. CD as * C 1 L.G FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JASON M. STIFFLER . LYNN M. STIFFLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5854-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 ,96 ARNOLD ROAD, ENOLA, PA 17025-2148. 1. Name and address of Owner(s) or reputed Owner(s): Name JASON M. STIFFLER LYNN M. STIFFLER Last Known Address (if address cannot be reasonably ascertained, please indicate) 96 ARNOLD ROAD ENOLA, PA 17025-2148 96 ARNOLD ROAD ENOLA, PA 17025-2148 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 I J 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 96 ARNOLD ROAD ENOLA, PA 17025-2148 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -,a ?r3 ice. .: ? ? y i.! ?? ? CiU 1 ;;j?",. r.. .. L ? ?` ??' + ? '_ ? "'G Q ?tJ r w FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JASON M. STIFFLER LYNN M. STIFFLER Defendant(s). TO: JASON M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 November 27, 2007 CUMBERLAND COUNTY No. 07-5854-CIVIL TERM LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 96 ARNOLD ROAD, ENOLA, PA 17025-2148, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,154.10 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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. y You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro, Township Cumberland County, Pennsylvania, more fully described as follows: ACCORDING to Plan of Lots, Louis Park, by D.P. Raffensperger, RS, December 21, 1951 and recorded in the Office of the Recorder of Deeds, Carlisle, PA, in Plan Book 5, Page 50. BEGINNING at the point on corner formed by intersection of southwesterly side of Arnold Road, (50 feet wide) with northwesterly side of Louis Lane South, (60 feet wide); thence extending from said beginning point South 74 degrees 59 minutes West, along northwesterly side of Louis Lane South 90 feet to a point; thence extending North 15 degrees 1 minute West 83.97 feet to a point; thence extending North 60 degrees 55 minutes East 83.21 feet to point on southwesterly side of Arnold Road; thence extending along southwesterly side of Arnold Road in southeasterly direction on arc of circle curving to the right having a radius of 310 feet arc distance of 76.10 feet to point of tangent; thence extending still along said side of Arnold Road South 15 degrees 1 minute East 28.85 feet to the point and place of BEGINNING. BEING LOT NO. 96 on said Plan. BEING known and numbered as 96 Arnold Road, Enola, Pennsylvania. BEING the same premises which Boyd A. Chubb and Diane M. Chubb, husband and wife, by Deed dated November 24, 1999 and recorded November 24, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 1133, granted and conveyed unto Vern W. Campbell and Jody W. Sholly, as joint tenants with right of survivorship and not as tenants in common, the Grantors herein. The said Jody W. Sholly has since married and is now known as Jody W. Campbell. PARCEL IDENTIFICATION NO: 09-13-1002-027, CONTROL #: 09001518 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jason M. Stiffler and Lynn M. Stiffler, his wife, by Deed from Vern W. Campbell and Jody W. Sholly, now known as Jody W. Campbell, his wife, dated 11/01/2004, recorded 11/04/2004, in Deed Book 266, page 520. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JASON M. STIFFLER & LYNN M. STIFFLER (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 $112,154.10 L.L.$ 0.50 Interest from 11/28/07 to 3/05/08 (per diem - $18.44) -- $1,825.56 and Costs Atty's Comm % Atty Paid $177.40 Plaintiff Paid Date: 11/28/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,180.00 Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 First Horizon Home Loan Corporation et al VS Jason M. Stiffler and Lynn M. Stiffler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5854 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 31.80 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 30.72 Levy 15.00 Surcharge 30.00 Share of Bills 16.17 $ 186.19 So Answers: R. Thomas Kline, Sheriff BYJ D Real Estate ergeant a. FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRS' TENNESSEE BANK CUMBERLAND COUNTY NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION JASON M. STIFFLER NO. 07-5854-CIVIL TERM LYNN M. STIFFLER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 ,96 ARNOLD ROAD, ENOLA, PA 17025-2148. 1. Name and address of Owner(s) or reputed Owner(s): Name JASON M. STIFFLER LYNN M. STIFFLER Last Known Address (if address cannot be reasonably ascertained, please indicate) 96 ARNOLD ROAD ENOLA, PA 17025-2148 96 ARNOLD ROAD ENOLA, PA 17025-2148 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 96 ARNOLD ROAD ENOLA, PA 17025-2148 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. V .'ej "? 0) \ &innl November 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JASON M. STIFFLER LYNN M. STIFFLER Defendant(s). CUMBERLAND COUNTY No. 07-5854-CIVIL TERM November 27, 2007 TO: JASON M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 * *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 ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 96 ARNOLD ROAD, ENOLA, PA 17025-2148, is scheduled to be sold at the Sheriff s Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,154.10 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (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 LEGAL DESCRIPTION ALL THAT CERTAIN piece of land situate in East Pennsboro, Township Cumberland County, Pennsylvania, more fully described as follows: ACCORDING to Plan of Lots, Louis Park, by D.P. Raffensperger, RS, December 21, 1951 and recorded in the Office of the Recorder of Deeds, Carlisle, PA, in Plan Book 5, Page 50. BEGINNING at the point on corner formed by intersection of southwesterly side of Arnold Road, (50 feet wide) with northwesterly side of Louis Lane South, (60 feet wide); thence extending from said beginning point South 74 degrees 59 minutes West, along northwesterly side of Louis Lane South 90 feet to a point; thence extending North 15 degrees 1 minute West 83.97 feet to a point; thence extending North 60 degrees 55 minutes East 83.21 feet to point on southwesterly side of Arnold Road; thence extending along southwesterly side of Arnold Road in southeasterly direction on arc of circle curving to the right having a radius of 310 feet arc distance of 76.10 feet to point of tangent; thence extending still along said side of Arnold Road South 15 degrees 1 minute East 28.85 feet to the point and place of BEGINNING. BEING LOT NO. 96 on said Plan. BEING known and numbered as 96 Arnold Road, Enola, Pennsylvania. BEING the same premises which Boyd A. Chubb and Diane M. Chubb, husband and wife, by Deed dated November 24, 1999 and recorded November 24, 1999 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 211, Page 1133, granted and conveyed unto Vern W. Campbell and Jody W. Sholly, as joint tenants with right of survivorship and not as tenants in common, the Grantors herein. The said Jody W. Sholly has since married and is now known as Jody W. Campbell. PARCEL IDENTIFICATION NO: 09-13-1002-027, CONTROL #: 09001518 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jason M. Stiffler and Lynn M. Stiffler, his wife, by Deed from Vern W. Campbell and Jody W. Sholly, now known as Jody W. Campbell, his wife, dated 11/01/2004, recorded 11/04/2004, in Deed Book 266, page 520. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5854 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JASON M. STI1'FLER & LYNN M. STIFFLER (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 $112,154.10 L.L.$ 0.50 Interest from 11/28/07 to 3/05/08 (per diem - $18.44) -- $1,825.56 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs $2,180.00 Plaintiff Paid Date: 11/28/07 Q Proth otary (Seal) By: Deputy , REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale #66 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 96 Arnold Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By: l? Real Est Sergeant FILED-OFFICE a THE PROTHWAR Y Phelan Hallinan & SchmielOJI01 _3 AM 10: 00 1617 JFK Boulevard, Suit"ERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff vs JASON M. STIFFLER LYNN M. STIFFLER Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-5854-CIVIL TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: 1 PHEL SC LLP By: urtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff PHS # 162663 4 q, sold a 004 C ?y RI Phelan Hallinan & Schnueg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff vs JASON M. STIFFLER LYNN M. STIFFLER Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 07-5854-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JASON M. STIFFLER LYNN M. STIFFLER 96 ARNOLD ROAD ENOLA, PA 17025-2148 Date: -7`li l Z, By: Cou y R. Dunn, Esq., Id. No.2067 Attorney for Plaintiff PHS 9 162663