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HomeMy WebLinkAbout07-6697PHELAN 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 164644 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. L) j _ (0(.cg7 bvi l (erg v. CUMBERLAND COUNTY DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 164644 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 #: 164644 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 #: 164644 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 #: 164644 1. Plaintiff is FIRST HORIZON HOME LOANS, 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: DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2006 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: 1973, Page: 1365. 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 #: 164644 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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 $74,535.22 Interest $2,255.25 06/01/2007 through 11/02/2007 (Per Diem $14.55) Attorney's Fees $1,250.00 Cumulative Late Charges $100.92 11/13/2006 to 11/02/2007 Cost of Suit and Title Search 550.00 Subtotal $78,691.39 Escrow Credit $0.00 Deficit $277.20 Subtotal 277.20 TOTAL $78,968.59 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 #: 164644 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 #: 164644 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 $78,968.59, together with interest from 11/02/2007 at the rate of $14.55 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 & SCHM G, LLP By: illFr S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 164644 LEGAL DESCRIPTION BF.CrNNING at a point on the north side o£ Perry Street, which point is 15.7 feet, more or less, west of the northwest corner of perry Street and a 12 foot alley and directly opposite the center of a partition wall between premises formerly of Sam Peck, et ux, and the premises herein conveyed; thence northwardly through the center of said partition wall and beyond, 120 feet, more or.less, to a point; thence westwardly 32.3 feet, more or less, to the eastern line of premises now or formerly of Effie Guttshall; thence southwardly along said eastern line of premises now or formerly of Effie Guttshall, 120 feet, More or less, to the north wide of Perry Street; thence by the same in an easterly -direction, 32.3 feet, more or less, to the place of aFinrNG. HAVING T1129EON ERECTED premises known as No. 327 Perry Street. BRING THE SAME PR914ISES WHICH Roy D.- Hicks and Jeannie L. Hicks,•husband and wife, by deed dated March 10, 1982 and recorded March 19, 1982'in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "S•, Volume 29, Page 447, granted and' conveyed unto Richard A. Woodruff and Barbara E. Woodruff, husband and wife, the Grantors herein. 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NUMBER 9-14-0832-217 File #: 164644 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. v Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 00 (-q 0 0 C ??*a v -, SHERIFF'S RETURN - REGULAR CASE NO: 2007-06697 P 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS BUCKWALTER DYLAN ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUCKWALTER DYLAN the DEFENDANT , at 1906:00 HOURS, on the 26th day of November-, 2007 at 327 WEST PERRY STREET ENOLA, PA 17025 DYLAN BUCKWALTER 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 Service Affidavit Surcharge f a?? Sworn and Subscibed to before me this So Answers: 18.00 14.40 .00 10.00 R. Thomas Kline .00 42.40 11/27/2007 PHELAN HALLINAN SCHMIEG ?n By: day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06697 P * COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOANS VS BUCKWALTER DYLAN ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEAVER AMY the DEFENDANT , at 1906:00 HOURS, on the 26th day of November 2007 at 327 WEST PERRY STREET ENOLA, PA 17025 by handing to AMY WEAVER 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline p? .00 16.00 11/27/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: Z) ? ?aL before me this day Deputy Sheriff of A.D. 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 LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISION ASSOCIATION CUMBERLAND COUNTY V. DYLAN BUCKWALTER AMY WEAVER NO. 07-6697 CIVIL TEAM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 FRANCIS S. HALLtNAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff Dated. File: 164644 C) ? 9n : C. nr, • ; rS 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 LOANS, A DIVISION OF COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL CIVIL DIVISION ASSOCIATION V. DYLAN BUCKWALTER AMY WEAVER CUMBERLAND COUNTY NO. 07-6697 CIVIL TEAM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: 2 File #: 164644 Phelan H?allli?na?n and Schmi g, LP By:w Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire r-a W 77 . Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-6697-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DYLAN BUCKWALTER, AMY WEAVER, and., 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 Plaintiff's damages as follows: As set forth in Complaint $78,968.59 Interest - 11/03/2007 to 12/22/2008 $6,052.80 TOTAL $85,021.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 12 PHS # 164644 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. DYLAN BUCKWALTER AMY WEAVER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 07-6697-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DYLAN BUCKWALTER is over 18 years of age and resides at 327 WEST PERRY STREET, ENOLA, PA 17025-2537. (c) that defendant AMY WEAVER is over 18 years of age and resides at 327 WEST PERRY STREET, ENOLA, PA 17025-2537. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. (f, e Daniel G. Schmieg, Esquire Attorney 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 LOANS, A DIVISION OF : COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants r"'`d GA e• TO: DYLAN BUCKWALTER r 327 WEST PERRY STREET ENOLA, PA 17025-2537 DATE OF NOTICE: DECEMBER 18, 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 PURPOSRIF 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 FRANCIS S. HAL 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 LOANS, A DIVISION OF : COURT OF COMMON PLEAS FIRST TENNESSEE BANK NATIONAL ASSOCIATION : CIVIL DIVISION Plaintiff Vs. DYLAN BUCKWALTER AMY WEAVER Defendants CUMBERLAND COUNTY : NO. 07-6697-CIVIL TERM TO: AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025 DATE OF NOTICE: DECEMBER 18, 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 CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff C) ri N a of C (Rule of Civil Procedure No. 236) - Revised FIRST HORIZON HOME LOANS, A : CUMBERLAND COUNTY DIVISION OF FIRST TENNESSEE BANK : NATIONAL ASSOCIATION : COURT OF COMMON PLEAS VS. : CIVIL DIVISION DYLAN BUCKWALTER AMY WEAVER No. 07-6697-CIVIL TERM 327 WEST PERRY STREET ENOLA, PA 17025-2537 Notice is given that a Judgment in the above captioned matter has been entered against you on /2 IWAR fl, ly By: If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTG GE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, No. 07-669 -CIVIL TERM V. DYLAN BUCKWALTER AMY WEAVER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85 Interest from 12/23/2008-06/10/2009 $2,376.60 a (per diem -$13.98) TOTAL $87,397.99 021.39 nd Costs DANIEL G. SCHNIIEG, S? One Penn Center at Subur an 1617 John F. Kennedy Bo lei Philadelphia, PA 19103-1 14 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the plaintiff. It may not be sold in the absence of the plaintiff at the Sheriff's Sale. The sale n stayed in the event that a representative of the present at the sale. Station ard. Suite 1400 direction of the a representative of gust be postponed or i plaintiff is not 164644 d z 0 0 Q wa a`? dw0 c4 w--?? W a d W ?pW,y WZ? QW cz, o off owO x? F i w? zF? ?3 aw 00 °`d z x A ?z ?wc aQ 0 ° O d x 0z Q A a H W ?oz U xW a? W Z w> `0 U A m * spu 0 O 0 r Ir- t- M M N N N N O O as dd as 00 ww ww a as ? ? ,° FH 1.0 o ?. M M N b w ¢ IL ;7- o p0$o0 r C) D 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 LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DYLAN BUCKWALTER AMY WEAVER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT F COMMON PLEAS CIVIL D NO. TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies the above-captioned matter, and that the premises are not subject to 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.A. falsification to authorities. he is attorney for the Plaintiff in provisions of Act 91 §4904 relating to unsworn DANIEL P. SCHMIEG, ESQUIRE Attorney fo Plaintiff P-13 .ca ?i CrN ti I t we FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL CUMBERLAND COUNTY ASSOCIATION COURT F COMMON PLEAS Plaintiff, V. CIVIL DIVISION DYLAN BUCKWALTFR NO.07-66 7-CIVIL TERM AMY WEAVER . Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, DANI L G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed th following information concerning the real property located at 327 WEST PERRY STREE ENOLA PA 17025-2537. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address if address cannot be reasonably ascertained[, please indicate) DYLAN BUCKWALTER 327 WEST PERR STREET ENOLA, PA 17025-2537 AMY WEAVER 327 WEST PERR STREET ENOLA, PA 17025-2537 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose ju( property to be sold: Name Last Known Addres reasonably ascertain None is a record lien on the real (if address cannot be 3, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 1 5. Name and address of every other person who has any record lien on the property: Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) None 6. Name and address of every other person who has any record intere t 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 the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Addre reasonably ascertai 327 WEST PE ENOLA, PA 1 13 North Hanov Carlisle, PA 170 who has any interest in (if address cannot be 3, please indicate) STREET 2537 Street PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawb rry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1001 Liberty Avg Pittsburgh, PA 1 P.O. Box 8486 Willow Oak Buil ing Harrisburg, PA 1 105 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 statement herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. February 4, 2009 DATE DANIEL G. SCHMIEC , ESQUIRE Attorney for Plaintiff -?} s t rri , r t f co n _,o -', 1 't; CFA _ ' 1V, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DYLAN BUCKWALTER AMY WEAVER Defendant(s). TO: DYLAN BUCKWALTER 327 WEST PERRY STREET ENOLA, PA 17025-2537 February 4, 2009 CUMBERLAND COUNTY No. 07 AMY WEAVI 327 WEST PE ENOLA, PA 1 TERM STREET "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT ANDSHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 327 WEST PERRY STREET E OLA PA 17025-2537 is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the ourt judgment of $85,021.39 obtained by FIRST HORIZON HOME LOANS A DIVISION OF IRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the a ent the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. N 'S RIG YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take 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 h w much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition as ing the Court to strike or open the judgment, if the judgment was improperly entered. Yo may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other proceedings You may need an attorney to assert your rights. The sooner yo contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) SAVE RIG 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, ou 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 ount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may ring legal proceedings to evict you. 6. You may be entitled to a share of the money which was pai for your house. A schedule of distribution of the money bid for your house will be filed by the Sherif within 30 days of the sale. This schedule will state who will be receiving that money. The money will a 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 O CE. 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 oft a plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs ale. The sale must be postponed or stayed in the event that a representative of the plai tiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY R FERRAL CUMBERLAND COUNTY BAR ASSOCI TION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTH CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I LEGAL DESCRIPTION lU THAT CMAN tract or per of 13M and ptomisos, shale, "g and Peansb= in ft Cowy of Cu nd and COrnrno allh of P 7Aar ia, w OFWN G at a PoW on the NoM side of Pwl th which paint i *7 mm or wow of Petty Strad and a 12 foot allay' wd dlra ? oMo* the oenter of p, m y of UM Peck, at ux, and the pr nisft .hare =wqW; t! ntxftad wd tt brpd,120 feat, more or k a, to a point urtm we rard? 32 60m the of lxw4es ww or fernery of Eft tatiWmt nto a+t mn* pmmW now orlbrmedy of Eft UMM,120 feet or I+ , to ** ilde c n in an Early direr 32;3 het rare or less, to tlta plane of BEOINN ING, in the TwoWp of hat peft" r"Awn m, VW cf to NWm t ion pry tMigh go for of ad Ift M= or muk ID I* I" 1o ft*m We of P" ! by#e Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 27 Page 3074 PREMISES BEING: 327 WEST PERRY STREET, ENOLA, PA 1 PARCEL NO. 09-14-0832-217 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6697 Civil COUNTY OF CUMBERLAND) IVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From DYLAN BUCKWALTER and AMY WEAVER (1) You are directed to levy upon the property of the defendant (s)and to DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gai paying any debt to or for the account of the defendant (s) and from delivering ar (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is f of anyone other than a named garnishee, you are directed to notify him/her that 1 garnishee and is enjoined as above stated. Amount Due $85,021.39 L.L. $.50 Interest from 12/23/08 - 6/10/09 (per diem - $13.98) -- $2,376.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Other Costs Plaintiff Paid Date: 2/06/09 R. (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 SEE LEGAL in the possession shee(s) is enjoined from property of the defendant in the possession has been added as a AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT(S) DYLAN BUCKWALTER AMY WEAVER SERVE DYLAN BUCKWALTER AT: 327 WEST PERRY STREET ENOLA, PA 17025-2537 SERVED CUMBERLAND COUNTY No. 07-6697-CML TERM ACCT. #1§" Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to D,%LA#A DVCKW41-"rFA , Defendant, on the d e(4 day of ?A12 , 2009, at 4'.1( o'clock .m., at-32 -1 W A?ieRy ?'l ? tyO1.A Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age,, Va?' Weight 0150 Race W Sex AA Other I, P??KkI.D 6401,1- a competent adult, being duly sworn according to law, depose and state that I personally banded 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' 1??PKR`s o fo me this day o?ORE PV??,XCS? 1 Notary: ? O? P? NEB ???plZ??' ' E O pp SNviv P 'ASE CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. M? GO NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2tid Attempt: / / -Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - LD. No. 62205 One Penn Center at Suburban Station, suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 307 ? ?? c?` -, "; - ? -? ? -{' ey ,, L - _ f .?i' , ? «?.. __ fir. i ^i F? ?{ AFFIDAVIT OF SERVICE PLAINTIFF. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT(S) DYLAN BUCKWALTER AMY WEAVER SERVE AMY WEAVER AT: 327 WEST PERRY STREET ENOLA, PA 17025-2537 SERVED CUMBERLAND COUNTY No. 07-6697-CIVIL TERM ACCT. #164694 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 Served and made known to -".!t hI hIR IVIOCIA SUCKW ndant, on the sZ ?'ft^ day of Fft/Zv#e./ 200±at 4=f I , o'clock .m., at 3w?? -A -Q, C?Ip? O , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is bYL44*1 t 4USg4ND 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: i, Description: Age ,2_ Height 6 o Weight _2L5Q Race W Sex Other 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 Of fore me this. day pRR?S g. 3 %A o By PLE 5A `ON?E-AT LEAST 3T TIMES. INDICATE DATES & TIMES OF SERVICE M'I G,ss HOT SERVED On the day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: / / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200- Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, 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 ?a ? ?.. :? ? ? ? ? __ ?) .___. '.yam ? 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 LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff Civil Division V. DYLAN BUCKWALTER AMY WEAVER Defendants CUMBERLAND County No. 07-6697-CIVIL TERM 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: Plaintiff commenced this foreclosure action by filing a Complaint on November 5, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on December 23, 2008 in the amount of $85,021.39. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 10, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 10, 2009 Per Diem $14.54 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL 6. $74,473.15 $10,303.56 $100.92 $1,300.00 $1,131.50 $0.00 $0.00 $0.00 $158.54 $0.00 ($2,848.73) $3,813.16 $88,432.10 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. / Phelan Hallinan & Schmieg, LLP DATE: 4E l '3' By: Michele M. Bradford, Esquire Attorney for Plaintiff 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 LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. DYLAN BUCKWALTER AMY WEAVER Defendants No. 07-6697-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE DYLAN BUCKWALTER and AMY WEAVER 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 327 WEST PERRY STREET, ENOLA, PA 17025-2537. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 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. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, 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. Citicom 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: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 1646x4 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff N o rr;ri; c: "'?+ ..... x..-.J N Jm vt cn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O7 - (p qj Civi( to M V. CUMBERLAND COUNTY DYLAN BUCKWALTER AMY WEAVER ' 327 WEST PERRY STREET ENOLA, PA 17025-2537 `eft t .rF r Defendants ?- r t 1 t° t ?; J 1 ti, CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FILE COPY P!. File N: 164644 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 164644 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Ne hereby cer #y th-vd e Within to tae a ftw '091"'ac# oooy of at fftw4 File #: 164644 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 #: 164644 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 #: 164644 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 #: 164644 1. Plaintiff is FIRST HORIZON HOME LOANS, 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: DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/13/2006 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: 1973, Page: 1365. 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 #: 164644 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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 $74,535.22 Interest $2,255.25 06/01/2007 through 11/02/2007 (Per Diem $14.55) Attorney's Fees $1,250.00 Cumulative Late Charges $100.92 11/13/2006 to 11/02/2007 Cost of Suit and Title Search 550.00 Subtotal $78,691.39 Escrow Credit $0.00 Deficit $277.20 Subtotal 277.20 TOTAL $78,968.59 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 #; 164644 8. Plaintiff is not seeking a judgment of personal liability (or an in Rersonam 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 #: 164644 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 $78,968.59, together with interest from 11/02/2007 at the rate of $14.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC G, LLP By: / rant s S. Hallinan i LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 164644 LEGAL DESCRIPTION BEGINNINo at a point on the north side of Perry Street,' Which point is 15.7 feet, more or less, west of the northwest corner of Perry Street and a-12 foot alley end directly opposite the con.tot cf a partition wall between premises formerly of Sap Peck, et ux, and-the premises herein convayedr thence northwardly through the center of said partition wall and beyond, 120 Peet, more or. less, to s points thence westwardly 32.3 feet, more or leas, to the eastern line of premises now or formerly of Effie cettshali= thence southwardly along said eastern line of premises n ote or formerly of Effie outtshall, 120 feet, "ce or less, to the north -direction,s32.3 feet, morerortleso,nto the placemof in an eazt*;Iy HAVING THEREON ERECTED premises known as-No. 327 Perry Street. BEING THE' SAME PRI ISES WHICH Roy D.- Hicks and Seannie L. Hicks,-husband and wife, by deed doted Narah 10, 1.952 and recorded March 19, 1952 'in the Office of the Recorder of Deeds in and for Cumberlagd County, Pennsylvania, in Deed Book •S•, Volume 29, Page 447, granted and conveyed unto Richard A. woodruff and Barbara X. Woodruff, husband and wife, the Grantors herein. 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NUMBER 9-14-0832-217 File N: 164644 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. J A"-.t Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Vs. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 Attorney for Plaintiff CUMBERLAND COUNTY 4 0 . ' F COMMON PL_ 9 -- n r kp , c ?+ CiVIE"RW _..j c? Mrs No. 07-6697-CIVIL TERM x C?' " PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DYLAN BUCKWALTER. AMY WEAVER, and, 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 Plaintiff's. damages as follows: As set forth in Complaint Interest - 11/03/2007 to 12/22/2008 $78,968.59 $6,052.80 TOTAL Ai ,r?. $85,021.39. t..h t C, ' I hereby certify that (1) the address dint(s) are as shown above, and (2) that notice has been given in accordance with Rule 23'7.1, y attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: f-k?? rHS #' 646aa PRO' PROTHY Exhibit "C" o° v a? C7 q x? U a; U a zeo T C 3 0 5 w O; E c v ? td E d w s0 ?6 L 3000cOZ WOHzl0311M 60 02 S 18dV 0 M 1Zb000 o y c . W . s:?nnoe aaNia onommomb, G a C ? $ 0 0 G U E UU] ? .y N W y b O GD Q V1 c E c > E H ? W QUUA c ?• U O ?O F W =cod w oov o w w c vi ,E Vl o 0 0 7a 'I W ? U . ? ttl ld W v Cg °GG'? a , U F '? ? v V1 „ pO W b 3 m V M S w •° a a ? a Q ? a W 3 r+ ? ? a W ti F 3 b d x N ?? o ?? o0 Zo A? z Aa z v ? x w z a? `a ?l N M ?O l? oo O+ -? N I n V a3? Zi 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. / Phelan Hallinan & Schmieg, LLP DATE: `f 1 rl By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County v. DYLAN BUCKWALTER AMY WEAVER Defendants No. 07-6697-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 individuals on the date indicated below. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 DATE: r? Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff f +f -_ _. t.. ._... 5...? .__ ..._ ,?J e .. . ?`Y" APR 2 2 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DYLAN BUCKWALTER AMY WEAVER Court of Common Pleas Civil Division CUMBERLAND County No. 07-6697-CIVIL TERM Defendants RULE AND NOW, this day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 2.0 d.,,., a4tzs r?i... Rule Returnable oath day of 3AA°'at i w nin a. BY THE COURT J. q Z :18 NIV OZ Ul H87 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 DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 164644 - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff V. DYLAN BUCKWALTER AMY WEAVER Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF BLAIR CIVIL DIVISION NO. 07-6697-CIVIL TERM SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 1, F -->• a,4-1 I Esq. attorney for FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". PHELAN HALLINAN & SCHMIEG, LLP Date By: Lawrence T. Phelan, Esq., Id. No. 32227 ----Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff 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. 164644 • _,.l ? ? to .p w N O ?O Oo J ? cn A w N H B a? m° M a TFT ?o d ;z a? a =? z v ' 07 yo ? o -o n r o a cn n v ? W 0 s 7as ?g n C m v 0 o g: m en o ° a 01 a ?n O .°n _ m „ o w H a.b cr a M A (1 ?. ° uo ? n O e ? ? 09 % 'C m ? ? d e =. A ? $ a 0 x 3 5 ° °y c ° m y ? O 'o o d ?n O:% %J gy i ,.? ( p ? ? ?? O n N D t CON C ?•?3 "7 ? Nw r Q b G Cd Z < a O ? N Y. cn (D -n O° .. n O O (D ? • -t C' G N A? W w O <. • 0 ? C 1 2 a C (D ?' z a 'SD D m 7 'ti "-1 ? CON 7' o?(D Y !? '° -c r 'TI m Cm"' v. aaz tr, 7_ C a a c CO Z7 D r C •< 4 C) r- 0 ?a i ?z z a z -? 3 m acD DCO 3 azdm T m t, ? C T l ? O 0 A m o CL a A ?O?,SP'S? Pps>? Z (a ? °- ?rNEV uowEs 0-2 1M $ 42.200 0004218010 WMAILEDFROM ZIP CODE 05 2009 CODE 1 91 03 A C) > A ag V -? a `' (D 0 Y A? ? fD Y x 2,, x a ?. z? r vac b ? o r V RLED-t, RCE OF THE PPOry '' TAPY 209 MAY -8 All If: '45 CUll"A" q PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. DYLAN BUCKWALTER AMY WEAVER Defendants No. 07-6697-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 27, 2009 Rule was sent to the following individual on the date indicated below. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 h an Hallinan & Schmieg LLP C < I A DATE: J BY Y c 1 , Esquir Attorney for Plaintiff FILE; i OF THE 2609 FiA Y I k, A` i Ii'], 23 r 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 LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants MOTION TO MAKE RULE ABSOLUTE FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, 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 April 15, 2009. A Rule was entered by the Court on or about April 27, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 13, 2009, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 2, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: AILA Michel . BradfoWEsq*re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 15, 2009. A Rule was entered by the Court on or about April 27, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 13, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 2, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. helan Hallman & Schmieg, LLP DATE: By: U?'t Mich . Bradford, quire Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. = No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants RULE AND NOW, this day of A; a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 2? S Q. f - e lq% %3c Rat i C?. . Rule Returnable , at ?1 die f9i , Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 F4fFRtjer a _ N ATTORNEY FOR PFAII1*IFF " -T.1 17 11 := 5? m One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard: c_ = of Philadelphia, PA 19103-1814.= . f ? c? (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION Court of Commori''leas- OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION P1IDivision Plaintiff ' LE ? . EA§E1 D County V. No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 27, 2009 Rule was sent to the following individual on the date indicated below. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 DATE: 511 !40 k" KNEY FIL 6,-r a EASE RRURN h an Hallinan & Schmieg LP By: A /m A c 1 , Esquir Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. `f Phelan Hallinan & Schmieg, LLP DATE: 1 ? By: Mich . Bradford, E wire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants 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. DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 elan Hallman & Schmieg, LLP DATE: 0 By. Mich M. Brad ord, Es re Attorney for Plaintiff OF THE 4TH'WTARY 2009 SEP -8 AM 9: S 3 CUMB&LAN't) COUNTY PENiYLVAW In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-6697 Civil Term First Horizon Home Loans, A Division of First Tennessee Bank National Association Vs Dylan Buckwalter and Amy Weaver Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 20, 2009 at 1917 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Dylan Buckwalter and Amy Weaver by making known unto Amy Weaver, personally, at, 327 West Perry Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 11:11 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 Dylan Buckwalter and Amy Weaver, located at, 327 West Perry Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Dylan Buckwalter and Amy Weaver, by regular mail to their last known address of, 327 West Perry Street, Enola, PA 17025. This letter was mailed under the date of April 6, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs Docketing 30.00 Poundage 16.24 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 27.00 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 267.28 Share of bills 15.43 Post Pone Sale So AnswersmF /'- R. Thomas Kline, Sheriff a By-L.X Real Estate F1 LED- 'C E?ARY r,r ?:,- c;- r1 40.00 J 828.45 2Cv° CCI 12 /o/a Z J0 9 Cj? C,k. 72 Y3' ,6,- 1317 FY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. DYLAN BUCKWALTER AMY WEAVER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6697-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, 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 ,327 WEST PERRY STREET, ENOLA, PA 17025-2537. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 327 WEST PERRY STREET ENOLA, PA 17025-2537 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 _ a 5. Name and?addresls 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 327 WEST PERRY STREET ENOLA, PA 17025-2537 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 61h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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.A. § 4904 relating to unsworn falsification to authorities. February 4, 2009 ?t?--- DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. CUMBERLAND COUNTY No. 07-6697-CIVIL, TERM DYLAN BUCKWALTER AMY WEAVER Defendant(s). February 4, 2009 TO: DYLAN BUCKWALTER 327 WEST PERRY STREET ENOLA, PA 17025-2537 AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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, 327 WEST PERRY STREET, ENOLA, PA 17025-2537, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,021.39 obtained by FIRST HORIZON HOME LOANS, 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: 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 Courtto 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION Alt. t CM AM bt4 tit pawl of d and promises.,, situate, Vq and tae in I* Tsai of Pmnfto in the County of 0 nd and Commorweaith of Partsyls*, more p l t dwWW U follow} Ot lO at a point on the North side of Peq St* AM point 4 W mom or , Md of ft **ww oor Of Pe Shk and a 12 lbot alt dlr1r opp e % of the perft wall b*m p bftV of So PwK at ux, and the pr rbas hotein m d; ftn nWbwm* tw* the cfr& of M pWft li and tend, 124 fbK more or I m, to a point; tleroe taersmr* 313 l mom or t; b to Ss*m tine of Vwies now or forr dy of 'Ef% C3ubbat t*Uo t o ettxq mid ft whim! io of MOMS or trmedy of Eft mat 120 feet more or Imo, to NoM side of PMy two by the W me in an Ese" dinctloe% 32,3 let more or leas, to fhrs place d BBOINNM Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 277 Page 3074 PREMISES BEING: 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NO. 09-14-0832-217 LEGAL DESCRIPTION AU THAT CEUJU14 traet or poreel of t3nd and premises, situsta, "g and being in th8 TvmwNp of East Peso in the County of Cumbodand and Commonweelih of Pennsylvania, mono paku" deal W u fo&m. BEGNINM at a paint on the North side of PorTy Street, why point is 157 mole or lea, Wad of to Nonlwot cotner of Petty Stmt and a 12 foot alb Wd drrecclty OWsite the center of the part t?on wag Wmm p wd ttcatrrwrly of Sam Peek, apt ux, and the plemisers herein conveyed; ftnce norgrmardiy ftmh to ctrwr of evid $OtUllon woo and beyond, 120 foot, more or less, to a point; ti xe westwordly 32.3 feet, rttn of lK to #0 r0 line of raises now or formedy of Ede Gubbaq; trance soutYmr* a" tl Eubm *0 of premises now or formerly of Effie G&W, 120 feet, rnm or less, to the North aide of Perry ft* *M by tm wine in an EasteOy dlrectton, 37,3 feet morn or less, to the p1we of, BEGINNING. Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 277 Page 3074 PREMISES BEING: 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NO. 09-14-0832-217 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6697 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From DYLAN BUCKWALTER and AMY WEAVER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,021.39 L.L. $.50 Interest from 12/23/08 - 6/10/09 (per diem - $13.98) -- $2,376.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $177.40 Plaintiff Paid Date: 2/06/09 (Seal) Other Costs (3-- MR 6u is R. Lo g, 4Prothon airy By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 35 On February 12, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 327 West Perry Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2009 By: E Z :E d Z 193 b00Z tad PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 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. is Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this day of Mgy, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 2 8, 2010 RRAL DWA M 4" NO. 86 Writ No. 2007-6697 Civil First Horizon Home Loans, A Division of First Tennessee Bank National Association VS. Dylan Buckwalter and Amy Weaver Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CMAIN tract or par- cel of laud and premises, situate, lying and being in the Township of East Pennaboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the North side of Perry Street, which point is 15.7 more or less, West of the Northwest corner of Perry Street and a 12 foot alley and directly op- posite the center of the partition wall between premises formerly of Sam Peck, et ux., and the premises herein conveyed; thence northwardly through the center of said partition wall and beyond, 120 feet, more or less, to a point; thence westwardly 32.3 feet, more or less, to the Eastern line of premises now or formerly of Effie Guttshall; thence southwardly along said Eastern line of premises now or formerly of Effie Guttshall, 120 feet, more or less, to the North side of Perry Street; thence by the same in an Easterly direction, 32.3 feet more or less, to the place of BE- GINNING. Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 277 Page 3074. PREMISES BEING: 327 WEST PERRY STREET, ENOLA, PA 17025- 2537. PARCEL NO. 09-14-0832-217. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fePatriot-News Now you know 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: 04/24/09 05/01/09 05/08/09 Sworn to nd bsdribed before me this 12 dpy of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea; Sherrie L Kisner, Notary Public: CRY Of Hamburg. Dauphin CourdY My C XMI Expires Nov. 28, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 35 Writ No. 01117-SW Chili Term First Horizon Nome Loans, A -Dhdslon of First Tennessee Bank National Association VS Dylan Suckwaiter and Amy Weaver Attorney Daniel G. Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the North side of Perry Street, which point is 15.7 more or less, West of the Northwest corner of Perry Street and a 12 foot alley and directly opposite the center of the partition wall between premises formerly of Sam Peck, et ux, and the premises herein conveyed; thence northwardly through the center of said partition wall and beyond, 120 feet, more or less, to a point; thence westwardly 32.3 feet, more or less, to theEastem line of prgmises now or formerly of Effie Gottshall; thence southwardly along said Eastern line of premises now or formerly of Effie Gottshall, 120 feet, more or less, to the North side of Perry Street; thence by the same in an Easterly direction, 32.3 feet more or less, to the place of BEGINNING. Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/07/2006 in Book 277 Page 3074. PREMISES BEING: 327 WEST PERRY STREET, Emu, PA 17025-2537 PARCEL NO.: 09-14-0832-217 NOV 13 2009 1 ."..,61 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No. 07-6697-CIVIL TERM DYLAN BUCKWALTER AMY WEAVER Defendants ORDER AND NOW, this /G' day of Mrs , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $74,473.15 Interest Through June 10, 2009 $10,303.56 Per Diem $14.54 Late Charges $100.92 Legal fees $1,300.00 Cost of Suit and Title $1,131.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 $158.54 $0.00 ($2,848.73) $3,813.16 TOTAL $88,432.10 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quott. Sheriffs commission is not included in the above figure. 164644 EILEC? 3 c n r ?" 1 r PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-6697-CIVIL TERM CUMBERLAND COUNTY a v DYLAN BUCKWALTER ry t AMY WEAVER m ;, ? 7? rll Defendant(s) p =r. 3(1 y. ?? N fn u PRAECIPE TO ENTER ORDER cn To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against DYLAN BUCKWALTER and AMY WEAVER defendant(s). As Set Forth in the Order $88,432.10 c wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 41¢.oo pA ATrj /4OCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 as96,30 Attorney for Plaintiff 164644 NOV 7 3 20ogt? IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION Court of Common Pleas OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Civil Division Plaintiff CUMBERLAND County V. No: 07-6697-CIVIL TERM DYLAK BUCKWALTER AMY WEAVER Defendants s ORDER AND NOW, this MA day ofX)W&nW"009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 Sheriff is ordered to amend the writ-nunc pro tunc as follows: Principal Balance $74,473.15 Interest Through June 10, 2009 $10,303.56 Per Diem $14.54 Late Charges $100.92 Legal fees $1,300:04 Cost of Suit and Title $1,131.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 I (OqUH j. Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium 1 $158.54 Private Mortgage. Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($2,848.73) Escrow Deficit $3,813.16 TOTAL $88,432:10 Plus interest-from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J 164644 TRUE COPY FROM E PW . ! 41 Sold arcaffaw FA PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE COURT OF COMMON PLEAS BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION V. DYLAN BUCKWALTER AMY WEAVER Defendant(s) To the Prothonotary: NO. 07-6697-CIVIL TERM CUMBERLAND COUNTY Issue writ of execution in the above matter: Amount Due Interest from06/11/2009 to Date of Sale ($14.54 per diem) TOTAL $a?}. oo Pp A-M4 4d. 40 ? 1(0.00 N '18.50 " W oo " al. oo Isl. 00 " 1, o41. 35 Pb A-MY Note: Please attach description of property. PHS # 164644 -$a. oo Due 0 e?'? qaq ?aq R, as1 mao c $88,432.10 -?, il Tz' 7 -n r $6,615.70 r ` rv C - M $95,047.80 , ? N n ` a -< ey for Plaintiff rn 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblen, Esq., Id. No. 208375 z O H F U O a z 0 I4 F W F F V] W O z 0 w o> W ? d oa o O 0 0U z 0 4i 9 Uw xa F a w a x? W a? °o' 0 Q b ? w w ? M M 3 Uwe A a WjPa a p q? ¢a r 3W3a N Q A M W C *1 W o N N W, W, Ap Z 1,71 moo U N?N'.20,-^ l?t-M M. ON?pN (Z N ? y OO N G o? 6QMD a° G o Z z'r-, -g ?- O C; 6 C z w a?bb~z °zzzooooz b ..d .2 H Iti 1-I ~ y 0 c H ?wwwd'Ww y voi"?b ?ww'?ww *0i -0 c w w d, w ? w s? O as ?? J4A o? g ?,Av?i'o b Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-6697-CIVIL TERM DYLAN BUCKWALTER CUMBERLASD (MUDRY AMY WEAVER ,.. N) - `t Defendant(s) CERTIFICATION . The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the Aov apt ed matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Atty or Plaint f elan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. DYLAN BUCKWALTER AMY WEAVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6697-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 327 WEST PERRY STREET, ENOLA, PA 17025-2537. Name and address of Owner(s) or reputed Owner(s): Name DYLAN BUCKWALTER AMY WEAVER Address (if address cannot be reasonably . ascertained, please so indicate) 327 WEST PERRY STREET C7 7713 ENOLA, PA 17025-2537 t= z ±j 327 WEST PERRY STREET 3> _= N O' ENOLA, PA 17025-2537 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 327 WEST PERRY STREET ENOLA, PA 17025-2537 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. March 24, 2010 By: Attorn or laintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ® Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff NO. 07-6697-CIVIL TERM VS. DYLAN BUCKWALTER AMY WEAVER CUMBERLAND COUNTY n a a ? • z? s Me Defendant(s) 1, C -? -T1 O r.? NOTICE OF SHERIFF'S SALE OF REAL PROPERTY s TO: DYLAN BUCKWALTER 327 WEST PERRY STREET ENOLA, PA 17025-2537 AMY WEAVER 327 WEST PERRY STREET ENOLA, PA 17025-2537 "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, 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 327 WEST PERRY STREET, ENOLA, PA 17025-2537 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $88,432.10 obtained by FIRST HORIZON HOME LOANS, 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 Yue 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-6697-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DYLAN BUCKWALTER AMY WEAVER owner(s) of property situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, being (Municipality) 327 WEST PERRY STREET, ENOLA, PA 17025-2537 Parcel No. 09-14-0832-217 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $88,432.10 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the north side of Perry Street, which point is 15.7 more or less, west of the northwest corner of Perry Street and a 12 foot alley and directly opposite the center of the partition wall between premises formerly of Sam Peck, et ux, and the premises herein conveyed; thence northwardly through the center of said partition wall and beyond, 120 feet, more or less, to a point; thence westwardly 32.3 feet, more or less, to the eastern line of premises now or formerly of Effie Guttshall; thence southwardly along said eastern line of premises now or formerly of Effie Guttshall, 120 feet, more or less, to the north side of Perry Street; thence by the same in an easterly direction, 32.3 feet more or less, to the place of BEGINNING. HAVING THEREON ERECTED premises known as No. 327 Perry Street. Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 277 Page 3074. PREMISES BEING: 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NO. 09-14-0832-217 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From DYLAN BUCKWALTER and AMY WEAVER (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 $88,432.10 L.L. Interest from 6/11/09 to Date of Sale ($14.54 per diem) -- $6,615.70 Atty's Comm % Due Prothy $2.00 Atty Paid $1,041.35 Other Costs Plaintiff Paid Date: 3/29/10 David D. Buell, P othonotary (Seal) By: REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 Deputy AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT DYLAN BUCKWALTER AMY WEAVER CUMBERLAND COUNTY PHS # 164644 SERVICE TEAM/ An COURT NO.: 07-6697-CIVIL TERM SERVE AMY WEAVER AT: 327 WEST PERRY STREET ENOLA, PA 17025-2537 TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 06/02/2010 SERVED Q :, tee. dayof /(2LE},20 Q; Served and made known to My 1'UV ER Defendant on the at A_ 3.'7v , o'clock p. M., at 327 i . NAN 21-, EN 0 , PA , in the manner described belo?? ? r- V Defendant personally served. --- ^r _ Adult family member with whom Defendant(s) reside(s). 4 Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. y _ 77 _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. all an officer of said Defendant's company. Other: Description: Age a0s Height ' Weight 5fl Race W Sex R Other I, A& L 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 9(Ok day KIN' RF' .R11Y CIATY of cla, 20L?? Nt)'i.gRY f't.iTt tC STATE. 0 NIEW s ERSEY Not By: COMMISSION EXPIRES MARCH 7, 2013 NOT SERVED On the ay , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed before me this day of 2U By: Notary: ATTORNEY FOR PLAINTIFF lawren a T. Phelan, Esq., Id. No. 32227 Francis S. HaBYwn, Esq., Id. No. 62695 Daniel G. Sc6mieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal P- Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mul®by, Esq., Id. No. 61791 Andrew L. Spivak, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goklmun, Esq„ Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambletl, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL PHS # 164644 ASSOCIATION DEFENDANT SERVICE TEAM/ 'in DYLAN BUCKWALTER AMY WEAVER COURT NO.: 07-6697-CIVIL TERM SERVE DYLAN BUCKWALTER AT: TYPE OF ACTION 327 WEST PERRY STREET XX Notice of Sheriffs Sale ENOLA, PA 17025-2537 SALE DATE: 06/02/2010 SERVED Served and made known to _4a BUC*Wr4 466., Defendant on the li day of A 4Ac , 20 LO Sit p 71 i3: 18 o'clock p. M., at 317 W Mki ST., FA&}, p? _ '> T in the manner described below« '. I Defendant personally served. ?? r= 7D I? Adult family member with whom Defendant(s) reside(s). Relationship is_. c WiFF- Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). y r 3 ; F, Agent or person in charge of Defendant's office or usual place of business. --< 4 an officer of said Defendant's company. Other: Description: Age 20S Height S3 11 Weight SO Race W Sex F Other I, -P??414> I?t-, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed LY CURTY before me this 2 day KIMPI'[ RR of , 201¢ ??©T \RY PU WC STATE OF NY,* EY 2013 Not By: COMMiSSitii?+ CRa'lhi S MARCH 7, NOT SERVED On e of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer _ Service Refused Other: Sworn to and subscribed offore me this day By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmleg, Esq., Id. No. 62205 Mkiide M. Bradford, Evq., Id. No. 69849 Judith T. Romano, Esq., Id. N. 58745 Sheetal R. Shah•Jank Esq., Id. No. 81760 Jenine IL Davey, Esq., Id. No. 87077 Lauren R. Tabas, Fsq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Muksby, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ChrlsovalaMe P. Fhakos, Esq., Id. No. 94620 Josbua L Goldman, Esq., Id. No. 205047 Courteney R. Donn, Esq., Id. No. 206779 Andrew G Brambket, Esq., ld. No. 208375 One Penn Center at Subu n Station 1617 John F. Kennedy Blvd., Suite 1400 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST HORIZON HOME LOANS, A DIVISION OF CUMBERLAND COUNTY FIRST TENNESSEE BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff, v. DYLAN BUCKWALTER AMY WEAVER Defendant(s) CIVIL DIVISION <~ c_ No. 07-6697-CIVIL TERr1I~~' 7. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: N i_a..~ tr ~..c -•~! -; -e -$ ~. c.~ (A As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is at a ed hereto Ex 'bit "A". ^ w e T. Phela ,Esq., Id. No. 32227 ^ ancis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., ld. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: g IMPORTA T 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. PHS # 164644 r ~- ~~'= ~ a°~i ~' w £o ~s ~ 3vo~d~z woaa o ~ o~oz cz ~nr 3-ritrw , ~t17•~o ~SZLLw`poD ~ - E -~ ~7+~i+• ~ Z 0 L~; ry ~~ o ~ ~~~~~o 30~ `__ H; u ~~~ ~~ ~. e u ~.3 Gj Ba3`a 7 .F O Lf~ L I'~ O ~ G 3 ~~;~ S u E c E o.- ~`~ E~ ~ ~ u :: -u ~~~ Eo =j Sw a ~ 0 ~ ~ C o w ~m~~g °o ~S~yy. ~ O H O. R y., woos O C ~~ F O W C ~ ~ ~ E V ~ ~ w ,Cd ~ ~ u ~w-6F 1 a ~ ''' F fy O i wG ~ ~ o u . 0 c h C z ~„', w z u m .aa° c a' ~~ Y ~~ L W ~ p f/1 ~ A ~ C1.. ~ h p, f. : ~ "a O Q .~: N Q .~ ~ ~. ~ . y W O~ z u °~ ~o~~ :-• pq V ~ :~ ~ d zwQ 3xa ~o 4.... o0 F'' ~''°"v v p-a z~ a~OOa Z Faw ~a a -z ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ s ~ s * ~ ~ ~ ~ ~ ~ -z ~ ~ ~ ~ ~ t ~ ~ ~ V u H w ' ,, ., ,~ ~ ~ . D^ Rf H ' 7 ~ ~' u a~ v uCi ' a F „ ~ a b W R •~-~ N Kf !P V1 ~O t~ 00 01 C .-i •r .r N .r M .~ ~f .~ ~ .-i e t S Z Q ~ ~-.~ F . d~~ d~ a ag d ~ ~ ~ o ~ .~ .. ~F3 ~ a °•' ~~ ~a ~~~~_ ~~a" ~ ~ a..-• ~ a r ~ b N b zao u c ~~m w 0 ~ H .9 y °' ~ ~ S . -' "-`'~ . £0 t6 L 3~OOc9Z WO2Id O311tlW 9 0 6 ' ~ .s , .a - f ~ SZCLZd000 ~ _ ~ ~0 ~ pVV WL ZO.... •. ` ~ . I m s3moo eawus ~~ ~ ~ S~~ :~j1 ~ : ~ xx ~~F~ $ ~ ~ . ~ ~ .Y ~ N O -. 8 a F O ~ . ~~ y8., ~~ ~ NN ~ w p W~ y. CCO . ~ ~ N ~ {j py v ~.f "~ g~ CO ~ xx ~ ~'~gY.o F M . W 1 ~j ~ i W E"q i r 4 ' ~ V ~ ~ ~ ~ O O O . ~ AO ~ ~ E ~ ~ W ~~_'~ oL''ri~ °~ A+ ~ ° ~ a~F °~eNV ~, '~~O ~ ~ ~ QFGG 3 +r as .~ ~ ~ ~ ., ~ n '°~a~ ,~~ °"" ~, ova ~~ a ~~ ~ °~`~ "a,'b' v~a °°' .. ~~ o~p~! 'G'~~ o ~ o~ ~ ~p"~ o. ° ~ v~~ apa.a ~ 3 r7~.. r ~ ~ WW ~y Fi ~ ~-. L Q e aa.i~y.,., {~ O. it . ag ~ ~ L~ ~ .. ~GJ d ,~ O ~ f ae~3.~ /1 V~ '~ L A ~:~ zE+rNiW ~1V.MrV ~ V00.i~Ti r 7t~p-r~~i~r ,oa N ~~WNW ~ ~a ~ ': z« ~.~ ~ ~ ~ o~ C .r 'a' N M e t h ~ D 1 '~ 00 01 ~ .~. "" .. N ~, M ., ~!' ..~ N .. g ~ W 0 o O . F o. }'~. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6697-CIVIL TERM DYLAN BUCKWALTER CUMBERLAND COUNTY AMY WEAVER Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 327 WEST PERRY STREET, ENOLA, PA 17025-2537. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DYLAN BUCKWALTER AMY WEAVER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 327 WEST PERRY STREET ENOLA, PA 17025-2537 327 WEST PERRY STREET ENOLA, PA 17025-2537 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 Address (if address cannot be reasonably ascertained, please indicate) THE TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 327 WEST PERRY STREET ENOLA, PA 17025-2537 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unsworn falsification to authorities. July 28, 2010 By: /~ /~~ / Atto or P aintiff Phela allinan & Schmieg~LLP ^ La r nce T. Phelan, Esq., Id. No. 32227 ^ Fr is S. Hallman, Esq., ld. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,. x, I! Eta-C=fC Ronny R Anderson Sheriff DEC t r 4A clilut?r?L }? 9 Jody S Smith 21 PIN 2: la Chief Deputy CUMBERLA O CHI T' Richard W Stewart M$YLVANlA L& PEN Solicitor First Horizon Home Loans vs. Dylan Buckwalter (et al.) Case Number 2007-6697 SHERIFF'S RETURN OF SERVICE 06/21/2010 07:07 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1904 hours he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, it the above entitled action, upon the property of Dylan Buckwalter and Amy Weaver, located at 327 West Perry Street, Enola, Cumberland County, Pennsylvania according to law. 06/21/2010 07:07 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1904 hours he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dylan Buckwalter by making known unto Amy Weaver, adult in charge, at 327 West Perry Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/21/2010 07:07 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1904 hours he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Amy Weaver, by making known unto Amy Weaver, personally, at 327 West Perry Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/08/2010 As directed by Phelan, Hallinan & Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/201( 10/06/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/03/2010 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on November 3, 2010 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association. P.O. Box 650043, Dallas, TX, 75265, being the buyer in this execution, paid to the Sheriff the sum of $845.52 SHERIFF COST: $845.52 December 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF -m-. 00 pi-t %c; Coun`ysuite sheriff. Tai It- FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff v. DYLAN BUCKWALTER AMY WEAVER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-6697-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 327 WEST PERRY STREET, ENOLA, PA 17025-2537. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DYLAN BUCKWALTER AMY WEAVER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 327 WEST PERRY STREET ENOLA, PA 17025-2537 327 WEST PERRY STREET ENOLA, PA 17025-2537 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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 Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 327 WEST PERRY STREET ENOLA, PA 17025-2537 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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.A. § 4904 relating to unworn falsification to authorities. March 24, 2010 By: l Attom ,??ror laintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 I FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. COURT OF COMMON PLEAS CIVIL DIVISION : NO. 07-6697-CIVIL TERM CUMBERLAND COUNTY DYLAN BUCKWALTER AMY WEAVER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DYLAN BUCKWALTER AMY WEAVER 327 WEST PERRY STREET 327 WEST PERRY STREET ENOLA, PA 17025-2537 ENOLA, PA 17025-2537 "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, 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 327 WEST PERRY STREET, ENOLA, PA 17025-2537 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $88,432.10 obtained by FIRST HORIZON HOME LOANS, 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-6697-CIVIL TERM FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION vs. DYLAN BUCKWALTER AMY WEAVER owner(s) of property situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, being (Municipality) 327 WEST PERRY STREET, ENOLA. PA 17025-2537 Parcel No. 09-14-0832-217 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $88,432.10 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the north side of Perry Street, which point is 15.7 more or less, west of the northwest corner of Perry Street and a 12 foot alley and directly opposite the center of the partition wall between premises formerly of Sam Peck, et ux, and the premises herein conveyed; thence northwardly through the center of said partition wall and beyond, 120 feet, more or less, to a point; thence westwardly 32.3 feet, more or less, to the eastern line of premises now or formerly of Effie Guttshall; thence southwardly along said eastern line of premises now or formerly of Effie Guttshall, 120 feet, more or less, to the north side of Perry Street; thence by the same in an easterly direction, 32.3 feet more or less, to the place of BEGINNING. HAVING THEREON ERECTED premises known as No. 327 Perry Street. Vested by Warranty Deed, dated 11/07/2006, given by Consumer Discount Company to Dylan T. Buckwalter and Amy M. Weaver and recorded 11/17/2006 in Book 277 Page 3074. PREMISES BEING:, 327 WEST PERRY STREET, ENOLA, PA 17025-2537 PARCEL NO. 09-14-,0832-217 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6697 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOANS, a Division of FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From DYLAN BUCKWALTER and AMY WEAVER (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 $88,432.10 L.L. Interest from 6/11/09 to Date of Sale ($14.54 per diem) -- $6,615.70 Atty's Comm % Atty Paid $1,041.35 Plaintiff' Paid Date: 3/29/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, othonotary By: Deputy Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 t4 On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 327 West Perry Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. Writ No. 2007-6697 Civil ' First Horizon Home Loans, A Division of First Tennessee Bank , L' a Marie Coyne E or National Association VS. SWORN TO AND SUBSCRIBED before me this Dylan Buckwalter Amy Weaver 0 day of Jul 2010 Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 07-6697-CIVIL TERM, FIRST HORIZON HOME LOANS, A DIVI- SION OF FIRST TENNESSEE BANK Notary NATIONAL ASSOCIATION vs. DYLAN BUCKWALTER, AMY WEAVER own- , ers of property situate in the Town- ship of East Pennsboro, Cumberland NOTARIAL SEAL County, Pennsylvania, being 327 WEST PERRY STREET, ENOLA PA DEBORAH A COLLINS , 17025-2537. Notary PUM Parcel No. 09-14-0832-217 CARLISLE 90ROU01. CUMBERLAND COUNTY . Improvements thereon: RESIDEN- My COmIMiNOR E11pMq Apr ZB, 2011 TIAL DWELLING. JUDGMENT AMOUNT: $88,432.10. q 7?l+?ti9 4e?'UM" YTHU03 JNAJA38MVa J4JUORO8 3AIJRA3 Oros at AA nl#gx3 rwmsimmoo YM 'r"'he Patriot-NL-ws Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'?e attiot-News Now you know 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: Writ No. 200745697 Civil Term 07109/10 First Horizon Home Loans, A Division of Rrst Tennessee 07/16/10 Bank National Association 07/23/10 Vs Dylan Buckwalter Amy Weaver y? ........ ......... Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 07-6697- CIVILTERM Sworn to and subscribed before m this 0'15e qy of August, 2010 A.D. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION V5. DYLAN BUCKWALTER Notary Public AMY WEAVER owner(s) of property situate in the Township of East Pennsboro, Cumberland County, COMMONWEALTH QFPENNSYLVANIA Pennsylvania, being Notarial Seal (Municipality) Sherrie L. Kisner, Notary Pub k 327 WEST PERRY STREET, ENOLA, PA Lower Paxton Twp., Dauphin County 17025-2537 My Commission Expires Nov. 26, 2011 Parcel No. 09-14-0832-217 Member. °ennsy!vanla Association of Notaries (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $88,432.10 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 Federal Natl Mt Assoc is the grantee the same having been sold to said grantee on the 3rd day of November A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of March, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 07 Number 6697, at the suit of First Horizon Home Loans against Dylan Buckwalter & Amy Weaver is duly recorded as Instrument Number 201037944. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. ,0,76/ O A of Deeds RomrWo Qomn?n ?? M py 9 ?^Y-. ... .1: k' ? ... .. .....