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HomeMy WebLinkAbout08-6268I,/ 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 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 DETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 188946 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON-WAY IRVING, TX 75063 Plaintiff V. JAY D. HELLMAN VIRGINIA M. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CI V I NO. d- 0; 01 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 188946 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 #: 188946 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 File #: 188946 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 188946 1. Plaintiff is METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: JAY D. HELLMAN VIRGINIA M. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1861, Page 2906. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written-notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 188946 6. The following amounts are due on the mortgage: Principal Balance $188,493.05 Interest $5,660.56 05/01/2008 through 10/20/2008 (Per Diem $32.72) Attorneys Fees $1,250.00 Cumulative Late Charges $244.92 04/14/2004 to 10/20/2008 Mortgage Insurance Premium / $15.00 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $196,213.53 Escrow Credit $0.00 Deficit $854.53 Subtotal 854.53 TOTAL $197,068.06 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorneys fee set forth above may be less than the amount demanded based on work actually performed. The attorneys fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorneys fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 188946 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $197,068.06, together with interest from 10/20/2008 at the rate of $32.72 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. HALLINAN & SCHMIEG, LLP By: (V C? 't LAWRENCE T. PH29LAN, ESQUIRE FRANCIS S. HALLIN ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAAME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 188946 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of-way line of Muirfield Place; thence by aforementioned right-of-way line by a curve to the left having a radius of 425.00 feet an arc length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Tumberry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. BEING the same premises which Victoria Glen Associates, a Pennsylvania General Partnership, and S & A Custom Built Homes, Inc., a Pennsylvania Corporation, by their Deed dated October 5, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 129, Page 771 granted and conveyed unto Jay D. Hellman and Virginia M. Hellman, husband and wife, Grantors herein. BEING THE SAME PREMISES THE TITLE TO WHICH BECAME VESTED ON THE MORTGAGORS HEREIN BY DEED OF: GRANTOR: JAY D HELLMAN AND VIRGINIA M HELLMAN DEED DATE: 4- 14-2004 RECORDED IN COUNTY OF: CUMBERLAND, VOLUME: 262, PAGE: 2771. PARCEL NO: 10-16-1060-131 PROPERTY ADDRESS: 5014 MUIRFIELD PLACE File #: 188946 VERIFICATION I hereby state that I am the 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 I am 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 the Plaintiff and are true and correct to the best of my 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. 6 cl.- -?tJD (o t 74 / Attorney for Plainti DATE: 10-Q6-6T C rr, Q f"? SHERIFF'S RETURN - NOT SERVED w CASE NO: 2008-06268 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS HELLMAN JAY D ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: HELLMAN JAY D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , HELLMAN JAY D 4197 NANTUCKET DRIVE MECHANICSBURG, PA 17050 SERVED AT 5014 MUIRFIELD PLACE MECHANICSBURG NOT SERVED , as to Sheriff's Costs: So answers- Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 k16 F ?. 16.00 PHELAN HALLINAN SCHMIEG 10/30/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-06268 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND METLIFE HOME LOANS VS HELLMAN JAY D ET AL R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: HELLMAN VIRGINIA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , HELLMAN VIRGINIA 4197 NANTUCKET DRIVE NOT SERVED , as to MECHANICSBURG, PA 17050 SERVED JAY FOR HER AT 5014 MUIRFIELD PALCE MECHANICSBURG. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 4/r/019- 16.00 So answer R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 10/30/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06268 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METLIFE HOME LOANS VS HELLMAN JAY D ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HELLMAN JAY D the DEFENDANT , at 0953:00 HOURS, on the 28th day of October , 2008 at 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 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 Sworn and Subscibed to before me this 18.00 12.00 .00 So Answers: 10.00 R. Thomas Kline .00 40.00 10/30/2008 PHELAN HALLINAN SCH By: day Deputy Sheri of A. D. CASE NO: 2008-06268 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND METLIFE HOME LOANS VS HELLMAN JAY D ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HELLMAN VIRGINIA M the DEFENDANT , at 0953:00 HOURS, on the 28th day of October , 2008 at 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 by handing to JAY D HALLMAN, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00 10/30/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day uty Sheri of A.D. f ,W Phelan Hallinan & Schmie& LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Metlife Home Loans, A Division Of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation Plaintiff Vs. Jay D. Hellman Virginia M. Hellman Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Cumberland County No. Civil 08-6268 PHS# 188946 PRAECIPE TO ATTACH AFFIDAVIT OF RELEASE TO THE PROTHONOTARY: Kindly append the attached Affidavit of Release as an Exhibit to the Complaint in Mortgage Foreclosure. Date: February 5, 2009 Phelan Hallinan & Schmieg, LLP By: - Lawrence T. Phelan, Esq. .? YS /Francis S. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff ?. - :', , -n ? ? ? ?,?-?. ? ? ?? is <n : , '. Lp ..,?C?f , r ? ? - f ? ,? ?.w ' ' 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 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Metlife Home Loans, A Division Of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Cumberland County No. Civil 08-6268 Plaintiff Vs. PHS# 188946 Jay D. Hellman Virginia M. Hellman Defendant(s) AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) NUNC PRO TUNC Plaintiff, Metlife Home Loans, A Division Of Metlife Bank, N.A., F/K/A First Horizon Home Loan Corporation, by and through its attorney, Francis S. Hallinan, Esquire, hereby releases Virigina M. Hellman, mortgagor, as party defendant and from liability for the debt secured by the mortgage in accordance with Pa. R.C.P., Rule 1144(b) nunc pro tunc. Phelan Hallinan & Sc g, LLP By: Lawrence T. Phelan, Esq. Francis S. Hallinan, Esq.6-1-4='C Daniel G. Schmieg, Esq. Attorneys for Plaintiff v -CID PAELAN A4 7.7.11yAN & SCBMEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff Vs. JAY D. HELLMAN VIRGINIA M. HELLMAN Defendant(s) ATTORNEY FOR PLAINTTIFF : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. CIVIL-08-6268 : PHS # 188946 PRAECIPF FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., RULE 2352 0 TO THE PROTHONOTARY: Kindly substitute FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION F/K/A FIRST HORIZON HOME LOAN CORPORATION is the current holder of the mortgage by virtue of that certain MORTGAGE dated 04/14/2004 and recorded 04/20/2004 in MORTGAGE BOOK 1861, PAGE 2906. Kindly change the information on the docket. J'4Date: January 30, 2009 rancis S. allin n, Esqu' e Attorneys for Plaintiff .Z 0 W -?D nrtr7?{ coo Z- c-R 7 w 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6268 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 JAY D. HELLMAN, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $197,068.06 Interest -10/21/2008 to 02/27/2009 253.60 TOTAL $201,321.66 Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?I PHS # 188946 PRO PROTHY 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, co attached. -ft 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 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION VS. JAY D. HELLMAN Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6268 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 JAY D. HELLMAN is over 18 years of age and resides at 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 1&w'd 4 cr?ye_?? Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: 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 (7-5) 563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-6268 CUMBERLAND COUNTY JAY D. HELLMAN Defendant(s) TO: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 DATE OF NOTICE: February 13, 2009 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 vT+A SEAN MCDONNELL Legal Assistant PHS # 188946 ?--? ? ? c ? ? ? ?? r--a ' ? :: ? •-?:.. _.i --sue -t-}?..r t ?? ,?r'; - ? •--? ? i M rf, .•t.. " }! ?? .n 1~y. ?? ?? .?. ? . • (Rule of Civil Procedure No. 236) - Revised METLIFE HOME LOANS, A DIVISION OF CUMBERLAND COUNTY METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION COURT OF COMMON PLEAS VS. : CIVIL DIVISION JAY D. HELLMAN 5014 MUIRFIELD PLACE No. CIVIL-08-6268 MECHANICSBURG, PA 17050-8311 Notice is given that a Judgment in the above captioned matter has been entered against you on 3./a 16 Gl T1RDT T7__IT 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 ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIO USL Y RE CEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PSELANHALLIA & SCMMG LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF METLIFE HOME LOANS, A DIVISION OF : COURT OF COMMON PLEAS METLIFE BANK, N.A., F/K/A FIRST : CUMBERLAND COUNTY HORIZON HOME LOAN CORPORATION : No. CIVIL-2008-6268 Plaintiff Vs. JAY D. HELLMAN VIRGINIA M. HELLMAN Defendant(s) . PHS # 188946 PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P. RULE 2352 TO THE PROTHONOTARY: Kindly substitute FIRST HORIZON HOME LOANS, F/K/A FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FIRST HORIZON HOME LOANS, F/K/A FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION is the current holder of the mortgage by virtue of that certain MORTGAGE recorded 04/20/04 in Book No. 1861, Page No. 2906. Kindly change the information on the docket. Date: March/5, 2009 jFrncis S. Ha in quire Attorneys for Plaintiff 77 z g.oo -iLt All-f (717) 249-3166 (800) 990-9108 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. JAY D. HELLMAN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/28/2009 - 09/02/2009 (per diem -$33.09 ) No. CIVIL-08-6268 $201,321.66 $6,187.83 and Costs TOTAL $207,509.49 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 188946 j3r 4yd,Od F1LFD,:,,-RICE tpsfs OF THEE F ' E-" 'r ?Y a s i 6 Ob 2009 APR 22 AM !3: 3 Q s I G, ?? M 00 y, vd zc1y w ,, ?/ y o? a c? lw _7 t y, 00 a a,-yo 6 " -7 9-. s? wL 4 06 ? ?L 4 w Sr. D? g So D ?.S P U y x-31 . oo P d' w d O W Od d? ? a d ? ? A U „a O W? ?? U a ? c w ?, oz xH4 ' ? 3 a° . ? c t O O Od '??Z.e? U •v ? V? FOZ, ? °?, d va w CAA ""' ?V A In 00 ono 3 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of-way line of Muirfield Place; thence by aforementioned right-of-way line by a curve to the left having a radius of 425.00 feet an are length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Turnberry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Jay D. Hellman, married man, by Deed from Jay D. Hellman and Virginia M. Hellman, h/w, dated 04/14/2004, recorded 04/20/2004 in Book 262, Page 2771. PREMISES BEING: 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 PARCEL NO. 10-16-1060-131 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. JAY D. HELLMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6268 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHM ESQUIRE Attorney for Plaintiff RLE 0,F uE OF THE Ps_ ?Tf lr,l,,lOTAAY 2009 APR 22 AN110: 30 out, NTY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JAY D. HELLMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6268 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 atQ014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 TOWNSHIP OF HAMPDEN C/O KEITH O. BRENNEMAN 44 WEST MAIN STREET MECHANICSBURG, PA 17055-0318 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) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY HARRISBURG, PA 17101-1406 ?r 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th 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 statement are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificat' o authon'ti . April 20, 2009 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff 2099 APR 22 AM 110.3 p ? ST?J VIl•- 4 FIRST HORIZON HOME LOANS, A DIVISION CUMBERLAND COUNTY OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION No. CIVIL-08-6268 Plaintiff, V. JAY D. HELLMAN Defendant(s). April 20, 2009 TO: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050- 8311, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $201,321.66 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of-way line of Muirfield Place; thence by aforementioned right-of-way line by a curve to the left having a radius of 425.00 feet an are length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Turnberry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Jay D. Hellman, married man, by Deed from Jay D. Hellman and Virginia M. Hellman, h/w, dated 04/14/2004, recorded 04/20/2004 in Book 262, Page 2771. PREMISES BEING: 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 PARCEL NO. 10-16-1060-131 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6268 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 JAY D. HELLMAN (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$201,321.66 L.L.$.50 Interest FROM 02/28/2009 - 09/02/2009 (PER DIEM - $33.09) - $6,187.83 AND COSTS Atty's Comm % Atty Paid $ 231.00 Plaintiff Paid Date: April 22, 2009 Due Prothy $2.00 Other Costs C s R. Long, onotary(Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. JAY D. HELLMAN VIRGINIA M. HELLMAN NO.: 08-6268 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION. 4000 HORIZON WAY, IRVING, T DANIEL G. SCHMI QUIRE Attorney for Plaintiff Date: April 20, 2009 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION. 4000 HORIZON WAY, IRVING, TX 75063, USE PLAINTIFF. Da ' l G. Schmieg, E uire Attorney for Plaintiff Date: April 20, 2009 FILED-Oi FKdE OF Th1E P Kr)T,--l'r-",NI0TARY 2009 APR 22 AM 10: 29 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. JAY D. HELLMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-08-6268 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 188946 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorn for Pl 'tiff By: Lawrence T. Phelan, Esquire --*rrancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 04-29-09 PHS #: 188946 Limited Vice President VERIFICATION Mike Fisher hereby states that he/she is of METLIFE HOME LOANS, servicing agent for Plaintiff, FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: Name: Mike Fisher' Title: Limited Vice President Company: METLIFE HOME LOANS Loan:0048284327 File #: 188946 "I TIlC' 2EiO7 MAY ""4 F 1: 25 i :liv v! 4' PL i., 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION Plaintiff VS. JAY D. HELLMAN Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-08-6268 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 4L?e Lawrence T. Phelan, Esquire /FYancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 04-29-09 RLEL- ? D ": R 'CLE OF TH!-: 2 0 0 9 MA" ?' --14 fli 1: 29 Sheriffs Office of Cumberland County R Thomas Kline - Sheriff T. a??ptu' of t tiauP?rrr???? ?,-;Y Ronny R Anderson Chief Deputy Jody S Smith r „ Civil Process Sergeant Edward L Schorpp Solicitor First Horizon Horne Loans, Case Number vs. Jay D Hellman 2008-6268 SHERIFF'S RETURN OF SERVICE 06/20/2009 11:55 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1152 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 Jay D. Hellman, located at, 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/20/2009 11:55 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1152 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: Jay D. Hellman, by making known unto, Jay D. Hellman, personally, at, 5014 Muirfield Place, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per written instructions from Attorney Daniel G. Schmieg on 8/5/09. 08/06/2009 Property sale cancelled on 8/6/2009 SHERIFF COST: $733.60 ? / c./b9 SO ANSWERS, eowa-4mac' ,00?- 0 August 25, 2009 R THOMAS KLINE, SHERIFF 2 L" C) 5v ?h. ) 4 Sb FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JAY D. HELLMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVH,08-6268 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 atlIA14 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained., please indicate) JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 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) TOWNSHIP OF HAMPDEN TOWNSHIP OF HAMPDEN C/O KEITH O. BRENNEMAN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 44 WEST MAIN STREET MECHANICSBURG, PA 17055-0318 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) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY HARRISBURG, PA 17101-1406 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest mazy 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 5014 MUIRFIELD PLACE MECHANICSBU'RG, PA 17050-8311 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th 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_h.eare made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificat' o authoriti April 20, 2009 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION CUMBERLAND COUNTY OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION No. CIVIL-08-6268 Plaintiff, V. JAY D. HELLMAN Defendant(s). April 20, 2009 TO: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMP T TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050- 8311, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $201,321.66 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 MAYBE 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 Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate; compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's, Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO08-6268 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 JAY D. HELLMAN (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$201,321.66 L.L.$.50 Interest FROM 02/28/2009 - 09/02/2009 (PER DIEM - $33.09) - $6,187.83 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $ 231.00 Other Costs Plaintiff Paid Date: April 22, 2009 (Seal) REQUESTING PARTY: C its R. Long, P of y By. Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 5, 2009 the Sheriff levied up017 [I IC defendant's interest in the real property S?tuated ii. Hampden Township, Cumberland Lount?, PA Known and numbered as, 5014 iViuirt eld Place Mechanicsburg, more fully described on FXi111)1" "A" filed with this writ and by thi1, reterenct-- incorporated herein. Date: May 5; 2009 13 keal l state Coorc lnaLo$t The Patriot-News Co. 812 Market St. Harrisburg; PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patti* ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, 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: 07/24/09 . (lY? .........:J'............. . 1 Sworn to and'subscribed before me is 14day of August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner• Notary Public City Of Harrisburg, Dauphin County My Commission EVi?es Nov. 26, 2011 h Member, Pennsylvania Association of Notaries 07131/09 08/07/09 S416 No. 46 Wrft No. 20004M Clvll Term ffotrtM 060ft Loan, a ?NOW of #Irst Toni tp Bank National A va. Jay D Hallman Atty: DMkd Schrnft LEGAL DB8CRIMON ALL THAT CERTAIN tract or parcel of land situate in Hampden 7bwasMp; Cumberland County, Pennsylvania, more particvlariv boupded and described as follows, to wit: BEGB4NING at a point on the northern right-of- way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as sbown on the heneittafier mentioned Subdivision Plan. THI by domalentioned dividing line Notch 15 degrees 08 minutes 36 seconds We 89-70 feet to a point on the sm dvm ff6 df Lot No. 111: Flume 1, tbence by dKefttnronad t®t line and did of tot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing litre of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds Bast 124.78 feet to a point on the no than right-cf-way line of Muirfield Place; thence by aforementioned rig>lt?f-way fine by a curve to the left having a radius of 425.00 feet an arc length of 81.2 feet to a paint being the place of BBGUgNitri. BEING Lot No. 97 as shown on the Final Subdivision Plan of Tumberry, Phase 2a, mcorded in Plan Book 62, Page f 11. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and of way of record. TITLE TO SAID `lS IS VESTED IN Jay D. Hellman, maaied m by Deed from Jay D. 'Wed =MWWft2& 1* pAT 1 P , tt0 FOG 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 periodicals 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 24, July 31 and August 7, 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. Marie SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNIY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 45 Wru No. 2008 616 =tai First Horizon Hoixte Loan°,. a Division of First Tennessee Bank National Associatior _, Ja\ D liel roa Attv Dame! Schnfw-a LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muir field Place (50 feet I2.O.W.? on the dividing line of Lot No. 97 and Lo: No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned divid ing line North 15 degrees 08 minutes 36 seconds West 138-7CE seer io point on the southern lint cif C,ot No 111, Phase I; thence by aforemen tioned lot line and that of Lot No. 112 North 87 degrees 46 trtinutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of way line of Muirfield Place' thence by aforementioned right of-xat lint by a curve to the left having a radius of 425.00 feet an arc length of 81 ' ? feet to a point being the place of BEGINNING. BEING Lot No. 91 as stiouty on rhea Final Subdivisioi, Plan of T'ii, -,h rrc Phase 2a, recorded in Plan Book (12 Page 111. UNDER AND SUBJIC'C ,r; all applicable restrictions, reserv?_ tions, easements and rights of art of record. TITLE TO SAIL: Pkl-Ati (SE- VESTED IN Jay D. Hellman_ man ied man, by Deed from Jay D Hellman and Virginia M. Hellman; It!w, dated 04/14/2004, recorded 01!20%2001 in Book 262, Page 2771 PREMISES BEINGS --)Oi-= MU11, FIELD PLACE, MECHANICSBUR(r PA 17050-8311 PARCEL NO 10. 16- 1060 1,? 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6268 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 JAY D. HELLMAN (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: $201,3321.66 L.L.: Interest FROM 2/28/2009 TO DATE OF SALE ($33.09 PER DIEM) - $36,531.36 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $ 49(..?? Plaintiff Paid: Date: DECEMBER 1, 2011 Other Costs: David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff CIVIL DIVISION v JAY D. HELLMAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/28/2009 to Date of Sale ($33.09 per diem) TOTAL Phelan Hallman & chmieg, LLP AII!S No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 188946 4 C). M gr Ito•M 611 ilo.c)o L ?c •?33.(a0 'IF 5, in . oc-) `` 6l $ do 6D N F 1441 s6o a Lt' a? ?_q cf & C)_ & ??w 4, Ct#1bg717S 12KQ"7@ NO.: CIVIL-08-6268 CUMBERLAND COUNTY 4 $201,321.66 .ry $ 36,531.36 W4-? Cy 05?- d ?^ 46 o H' ? o U H' N W A ? U ?- W Vs d ? ? ? ? a a as H O 3W ?w xp v s?? w? PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 tFg lL.1ltp r.? I ..r FIRST HORIZON HOME LOANS, A DIVIS??.?? d COURT OF COMMON PLEAS TENNESSEE BANK NATION ASSOCIATION Plaintiff CIVIL DIVISION V. NO.: CIVIL-08-6268 JAY D. HELLMAN CUMBERLAND COUNTY Defendant(s) . CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned 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. Hallinan Schmieg, LLP ;'sl. . No.309519 Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAY D. HELLMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-08-6268 CUMBERLAND COUNTY PHS # 188946 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, 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 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311. 2. 3 4. 5 Name and address of Owner(s) or reputed Owner(s): 49-1 Name Address (if address cannot be reasonably ascertained, please so indicate) - JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Name and address of Defendant(s) in the judgment: C' - _"- Name Address (if address cannot be reasonably e- ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real prope rty to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF HAMPDEN TOWNSHIP OF HAMPDEN C/O KEITH O. BRENNEMAN, ESQUIRE 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050-3212 44 WEST MAIN STREET MECHANICSBURG, PA 17055-6249 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY - HEMAP P.O. BOX 15530 HARRISBURG, PA 17101-1406 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) M S & A Homes, Inc. 501 ROLLING RIDGE DRIVE SUITE 200 STATE COLLEGE, PA 16801 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 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Virginia Marie Hellman P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 5014 Muirfield Place Mechanicsburg, PA 17050-8311 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 arsubjec penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: AI & LLP 309519 Allison F. Wells, F s Attorney for Plaintiff FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff : CIVIL DIVISION VS. NO.: CIVIL-08-6268 JAY D. HELLMAN CUMBERLAND C--OV TY Defendant(s) CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY _w TO: JAY D. HELLMAN i r c -- 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 - ' "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 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 is scheduled to be sold at the Sheriffs Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $201,321.66 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: 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 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. CIVIL-08-6268 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. JAY D. HELLMAN owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 Parcel No. 10-16-1060-131 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $201,321.66 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 situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of-way line of Muirfield Place; thence by aforementioned right-of-way line by a curve to the left having a radius of 425.00 feet an arc length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Turnberry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Jay D. Hellman, married man, by Deed from Jay D. Hellman and Virginia M. Hellman, h/w, dated 04/14/2004, recorded 04/20/2004 in Book 262, Page 2771. PREMISES BEING: 5014 NHJIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 PARCEL NO. 10-16-1060-131 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION PHS # 188946 DEFENDANT SERVICE TEAM/ bdi JAY D. HELLMAN COURT NO.: CIVIL-08-6268 n C SERVE JAY D. HELLMAN AT: TYPE OF ACTION -XIM nw 5014 MUIRFIELD PLACE XX Notice of Sheriff's Sale r _ MECHANICSBURG, PA 17050-8311 SALE DATE: March 7, 2012 ** * DIVORCED- One cannot accept service for the other * y, SERVED 1( ! Served and de known to JAY D. HELENA Defendant on the ? day of 20 (, at Q =3g c ockM., at SO 14 VW csyt;a ?^ in the manner described below: ---C n 2 efendant t personally served. -. Adult family member with whom Defendant(s) reside(s). Relationship is _ _ 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). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. 0 C:7 f"R iV W t?e 2 --rz tTt3" C:) Z? GM Other: /` .4 Af04-5 -0 Description: Age Height ' e 13 Weight z 3 Race ? Sex y ? Other I, : ? *? w'-< , a competent adult, hereby verify 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. I understand that this statement is made subject to the penaltie 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. DATE: [2-1.-f( N PRINTED NAME: 1-Fb 14ew-) otc?(',C 5fl?c?'cz TITLE: NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist Moved Does Not Reside (Not Vacant) - No Answer on at at - Service Refused ?f ??. 5` &--v , Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew Marley, Esq., Id. No. 312314 FILED-OFFICE OF I HE PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLPng 2 FEB t Q 1?ttt ney for Plaintiff Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 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, CIVIL DIVISION V. JAY D. HELLMAN Defendant(s) . No.: CIVIL-08-6268 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: 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 eont davit and asamended if applicable. A copy of the Certificate of Mailing (Form nd/or ertifed Mail Return Receipt stamped by the U.S. Postal Service is attached E%h' t "A". Rob rt W. sick, Esquire Atto 0 laintiff Date: 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. PHS # 188946 e)("16100,f «A„ a ¢ l ? a q ro ? O A $ M UCH ^` N o? r, w r O V ?' r ? rU.? ? o 04, rw- ?? ?? ? O C•? C Vaal ?Np ??? dt 00 000 Iwo C4 t to s P- 3a ISO- I ox•??? L 7 ? Z m 4 ? M U ?lw? a 1 -0 Et s N ?t ? N UA, N O % a!1 M ?xx w en S ? N U ? Cn Z .? O Ln O C N? ?L mZ ?D?N? H? U ay iu. TN=Wxl .D 1 c- lOll 00 Crtrtaa O oho 00 ? ?a A x? o ? a "" - e C O_ 0 ?b :? 1a wpm, U •o dq? a ? -?o tS c 14 T V y W p, U0s a .? w ? ; = O a Q" O a Cg.E? w 0 b.E8? `O" y K v y ? $ 3 ? y d c ? p Ri ? w o u .? 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HELLMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-08-6268 PHS 4188946 CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, 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 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAY D. HELLMAN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Address (if address cannot be reasonably ascertained, please so indicate) 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050-3212 TOWNSHIP OF HAMPDEN CIO KEITH O. BRENNEMAN, ESQUIRE 44 WEST MAIN STREET MECHANICSBURG, PA 17055-6249 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY - HEMAP P.O. BOX 15530 HARRISBURG, PA 17101-1406 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) Hampden Township of 230 South Sporting Hill Road Mechanicsburg, PA 17055 6.4 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) S & A Homes, Inc. 501 ROLLING RIDGE DRIVE SUITE 200 STATE COLLEGE, PA 16801 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 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Virginia Marie Hellman P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 5014 Muirfield Place Mechanicsburg, PA 17050-8311 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 state s herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to a orities. Date: (,?\v V\ V 44Terain H 1 nan & Schmieg, LLP Robert . Cusick, Esq., Id. No.80193 Attorney for Plaintiff FIRST HORIZON HOME LOANS IN THE COURT OF COMMON PLEAS OF A DIVISION OF FIRST TENNESSEE CUMBERLAND COUNTY, PENNSYLVANIA BANK NATIONAL ASSOCIATION, PLAINTIFF V. JAY D. HELLMAN, DEFENDANT NO. 08-6268 CIVIL ORDER OF COURT AND NOW, this 10 day of February, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before March 5, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. Robert W. Cusick, Esquire Attorney for Plaintiff VJay D. Hellman Defendant ?p;c5 Majed ->/1s1i3 bas Pee Cl) By the Court, c N "'4 nF -om C ) M. L. Ebert, Jr., J. pC I 3 2 C.,) D'? QO f'+ "{t'r1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor First Horizon Home Loans vs. Jay D Hellman 4at?,tr ofuu??riyf??fG OFF F k-j- `` K1 R 21 Phi ;? r,:, q ('ENN's YL VA v§ it Case Number 2008-6268 SHERIFF'S RETURN OF SERVICE 01/06/2012 06:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 5014 Muirfiield Place, Mechanicsburg, Cumberland County, PA 17050. 01/06/2012 06:39 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jay D Hellman at 5014 Muirfield Place, Hampden Twp, Mechanicsburg, Cumberland County, PA 17050. 02/13/2012 Amended Affidavit of Service to Lienholders filed in Sheriffs Office 02/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. 03/05/2012 Bankruptcy filed in Sheriffs Office SHERIFF COST: $645.33 March 21, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 46 # I-% APY' ,7 -7a-;!3? 'C CourtySuite 'a h2nYt. 7eiac.ft. I,:c. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JAY D. HELLMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: CIVIL-08-6268 CUMBERLAND COUNTY PHS # 188946 AFFIDAVIT PURSUANT TO RULE 3129.1 METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A., F/K/A FIRST HORIZON HOME LOAN CORPORATION, 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 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JAY D. HELLMAN Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 5014 MUHiFIELD PLACE MECHANICSBURG, PA 17050-8311 Address (if address cannot be reasonably ascertained, please so indicate) 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) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050-3212 TOWNSHIP OF HAMPDEN C/O KEITH O. BRENNEMAN, ESQUIRE 44 WEST MAIN STREET MECHANICSBURG, PA 17055-6249 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY - HEMAP P.O. BOX 15530 HARRISBURG, PA 17101-1406 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) S & A Homes, Inc. 501 ROLLING RIDGE DRIVE SUITE 200 STATE COLLEGE, PA 16801 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 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Virginia Marie Hellman P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 5014 Muirfield Place Mechanicsburg, PA 17050-8311 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 ar su sec penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ?' i t , 11helet2rat ' an & Schmieg, LLP Allison F. Wells, s Id. o. 09519 Attorney for Plaintiff I" FIRST HORIZON HOME LOANS, A DIVISION OF FIRST COURT OF COMMON PLEAS TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff : CIVIL DIVISION VS. NO.: CIVIL-08-6268 JAY D. HELLMAN CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 "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 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $201,321.66 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 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 FA SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-08-6268 FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. JAY D. HELLMAN owner(s) of property situate in the HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 5014 MUIRFIELD PLACE, MECHANICSBURG, PA 17050-8311 Parcel No. 10-16-1060-131 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $201,321.66 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 situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Muirfield Place (50 feet R.O.W.) on the dividing line of Lot No. 97 and Lot No. 98 as shown on the hereinafter mentioned Subdivision Plan. THENCE by aforementioned dividing line North 15 degrees 08 minutes 36 seconds West 138.70 feet to a point on the southern line of Lot No. 111, Phase I; thence by aforementioned lot line and that of Lot No. 112 North 87 degrees 46 minutes 04 seconds West 106.87 feet to a point on the dividing line of Lot No. 96 and Lot No. 97; thence by aforementioned dividing line South 04 degrees 13 minutes 15 seconds East 124.78 feet to a point on the northern right-of-way line of Muirfield Place; thence by aforementioned right-of-way line by a curve to the left having a radius of 425.00 feet an arc length of 81.2 feet to a point being the place of BEGINNING. BEING Lot No. 97 as shown on the Final Subdivision Plan of Turnberry, Phase 2a, recorded in Plan Book 62, Page 111. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Jay D. Hellman, married man, by Deed from Jay D. Hellman and Virginia M. Hellman, h/w, dated 04/14/2004, recorded 04/20/2004 in Book 262, Page 2771. PREMISES BEING: 5014 NHJH MLD PLACE, MECHAIVICSBURG, PA 17050-8311 PARCEL NO. 10-16-1060-131 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) O 08-6268 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 JAY D. HELLMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (?) 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: $201,$321.66 L.L.: Interest FROM 2/28/2009 TO DATE OF SALE ($33.09 PER DIEM) - $36,531.36 Atty's Comm: % Atty Paid: $9111..10 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Due Prothy: $2.00 Other Costs: David D. Buell Prothonotary By: Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD in Testimony whereof, i here unto set my hand and the seat of said rt at Cartiste, Pa,./ This J/ C-t day of .20lc1 Prothonotary On December 15, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 5014 Muirfield Place, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 15, 2011 By: Real Estate Coordinator b I :Z d ?- 310 rIOZ f Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza F IL EG- Philadelphia, PA 19103 of TliE FROTOW-f 215-563=/UUU In, _HIM Z- AM 110'. 41 FIRST HORIZON HOMIff LOANS Court of Common Pleas DIVISION OF FIRST TE NATIONAL ASSOCIATION ?. Civil Division Plaintiff CUMBERLAND County vs No. CIVIL-08-6268 JAY D. HELLMAN Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHELAN IEG, LLP B• PHELAN, HA INAN & SCHMIEG, LLP Attorneys for Plainti Printed Name: Bar Id. No. fnf PHS# 188946 Attorneys or Pia iff a?}masD? C?y I!q(c?yS ?a?aa3 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 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 Court of Common Pleas ASSOCIATION Plaintiff Civil Division vs CUMBERLAND County JAY D. HELLMAN No. CIVIL-08-6268 Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: JAY D. HELLMAN 5014 MUIRFIELD PLACE MECHANICSBURG, PA 17050-8311 Date: 6 PHELAN SCHMIEG, LLP B PHELAN, HALLINAN & SCHMIEG, LLP Attorneys for Plai if I„n Printed Name: W`n Bar Id. No. Attorne or Plainh