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HomeMy WebLinkAbout09-1094w 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 AT eetal R. Shah-Jani, Esq., Id. No. 81760 ine 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 197417 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 Plaintiff V. JACK A. HOKE 13 LISMORE PLACE MECHANICSBURG, PA 17050-8247 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O/I - /,ml/ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 197417 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 (717) 249-3166 File #: 197417 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known address(es) of the Defendant(s) are: JACK A. HOKE 13 LISMORE PLACE MECHANICSBURG, PA 17050-8247 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/28/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1916, Page 2737. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 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 #: 197417 6. The following amounts are due on the mortgage: Principal Balance $136,578.39 Interest $3,547.90 09/01/2008 through 02/17/2009 (Per Diem $20.87) Attorney's Fees $1,300.00 Cumulative Late Charges $162.52 07/28/2005 to 02/17/2009 Mortgage Insurance Premium / $45.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $142,383.81 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $142,383.81 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 197417 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $142,383.81, together with interest from 02/17/2009 at the rate of $20.87 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: q5?," 8'767 7 Lawr ce T. Phelan, E wire Francis 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 Attorneys for Plaintiff File #: 197417 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel and tract of land designated as Lot No. 69, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as show on a Final Land Subdivision Plan of Phase II of Waterford Square, prepared H. Edward Black and Associates and recorded in the Office of the Recorder Of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6. BEGINNING at a point on the southeastern right-of-way line of Lismore Place at the common front property corner of Lot No. 69 and Lot No. 70 as shown on the above reference plan of lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 275.00 feet and an arc length of 18.65 feet to a point at the dividing line between Lot No. 68 and Lot No. 69; thence along said dividing line South 43 degrees 34 minutes 20 seconds East, a distance of 127.71 feet to a point; thence South 45 degrees 09 minutes 57 seconds West, a distance of 63.58 feet to a point at the dividing line between Lot No. 69 and Lot No. 70; thence along said dividing line North 21 degrees 54 minutes 20 seconds East, a distance of 117.15 feet to a point; thence North 38 degrees 59 minutes 12 seconds West, a distance of 21.16 feet to a point, said point being the Place of BEGINNING. BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania Corporation, by deed dated March 9, 1998 and recorded April 9, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 113, granted and conveyed unto Eastern Development & Planning, Inc., a Pennsylvania Corporation, Grantor herein. File #: 197417 UNDER AND SUBJECT to Declaration of Covenants, Conditions, and Restrictions as set forth in Miscellaneous Book 488, Page 590, Miscellaneous Book 573, Page 152 and Bylaws of Waterford Square Community Association, Inc., as referred to in said Declaration, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions, and rights-of-way of recorded and as show on the above mentioned plan of lots. PREMISES: 13 LISMORE PLACE PARCEL#: 38-18-1342-178 File #: 197417 J 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.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and. are true and correct to the best of 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 unworn falsifications to authorities. A mey for Plaint#T DATE: V Ib C-l rya _ ?lj SHERIFF'S RETURN - REGULAR CASE NO: 2009-01094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN VS HOKE JACK A STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOKE JACK A DEFENDANT the at 0021:00 HOURS, on the 24th day of February-, 2009 at 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 by handing to JACK HOKE DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments PROPERTY LOCATED AT 13 LISMORE PLACE MECHANICSBURG IS VACANT. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 R.•Thomas ine .00 32.50 02/25/2009 PHELAN HALLINAN & SCHMIEG Sworn and Subscibed to By: /L-, z- before me this day Deputy Sheriff of A. D. ?T'? ti,?,. u3 ? "'t 1 `T'i ,?? ? ? ? --? '? _- ... j?'s ? - `^? +'? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-1094 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 JACK A. OKE 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 Interest - 02/18/2009 to 04/01/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237. 1, $142,383,81 8$ 97.41 $143,281;22 lane as shown abp ve, and (2) cor y a chedn 1Jj 1/ Daniel G. Schmieg s ire Attorney for Plainti DAMAGES ARE/HEREBY ASSESSED AS INDICATED. DATE: Y13 / Q _ Pxs # 197417 eL? PRO PROTHY I ?? APR -3 Alit 11: 01 5-14,00 Pd` ?1 t3 rc 4? 7 lzo ya s l lq ( l/ l`C? ???d,tL G0. v Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION VS. JACK A. HOKE Attorney for Plaintiff CUMBERLAND C004TY COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-1094 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 knowedge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval S ice 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 JACK A. HOKE is over 18 years of age and resides at 20 CREAMERY ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,n A f Daniel G. Sc Attorney for 4 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 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff V. JACK A. HOKE Defendant TO: JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: March 17, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. HIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT P OSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CO PONDENCE 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 aj lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: ATTORNEY FOR PLAINTI?F COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-1094 CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 011' 1AA 0 " '? -I CHIQU A PETERSON Legal istant PHS # 197417 A. (Rule of Civil Procedure No. 236) - Revised FIRST HORIZON HOME LOAN CUMBERLAND COUNTY CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL COURT OF COMM?N PLEAS ASSOCIATION VS. CIVIL DIVISION JACK A. HOKE No. CIVIL-09-1094 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 Notice is given that a Judgment in the above captioned matter'! has been entered against you on _ .3.1 -VA By: o? DEPUTY If you have any questions concerning this Daniel G. Schmieg, s ire Attorney or Party Fi44 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLEC A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURP SE. IF YOU HAVE PRE VIO USL Y RE CEIVED A DISCHARGE IN BANKRUPTCY, HIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.RC.P. 3180-3183 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JACK A. HOKE Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/02/2009 TO 09/02/2009 (per diem -$23.55) TOTAL r, Note: Please attach description of property. No. CIVIL-09-1094 $143,281.22 $3,626.70 and Costs $148,471.42 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be gold in the absence of;a representative of the plaintiff at the Sheriffs Sale. The Aale'must be postponed or stayed.in the event that a representative of'the plaintiff is not present,at the sale. 19'7417 o o d H z z O 0 a ?' O`" a U ^ O W a ry E ,, zo 0"~ off o ? W rn d p ?Tk H U O >- rill VAUC LU :j_ 1 LL ?s C r -i } µ n n d a G7 a V 0 N d n 1-4 o? i r Y A 40 t I I 4'?4 4 d '• c s OD `• j lr lop. h rt 3 K? LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 69, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase H of Waterford Square, prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the southeastern right-of-way line of Lismore Place at the common front property corner of Lot No. 69 and Lot No. 70 as shown on the above referenced plan of lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 275.00 feet and an arc length of 18.65 feet to a point at the dividing line between Lot No. 68 and Lot No. 69; thence along said dividing line South 43 degrees 34 minutes 20 seconds East, a distance of 127.71 feet to a point; thence South 45 degrees 09 minutes 57 seconds West, a distance of 63.58 feet to a point at the dividing line between Lot No. 69 and Lot No. 70; thence along said dividing line North 21 degrees 54 minutes 20 seconds East, a distance of 117.15 feet to a point; thence North 38 degrees 59 minutes 12 seconds West, a distance of 21.16 feet to a point, said point being the Place of BEGINNING. CONTAINING: 4,853.00 square feet or 0.11 acre, more or less. BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania corporation, by deed dated March 9,1998 and recorded April 9,1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 113, granted and conveyed to Eastern Development & Planning, Inc., a Pennsylvania Corporation, GRANTOR herein. UNDER AND SUBJECT to Declaration of Covenants, Conditions and Restrictions as set forth in Miscellaneous Book 488, Page 590, Miscellaneous Book 573, Page 152, and Bylaws of Waterford Square Community Association, Inc. as referred to in said Declaration, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record and as shown on the above-mentioned plan of lots. HAVING THEREON erected a two story townhouse known and numbered as 13 Lismore Place, Mechanicsburg, Pennsylvania 17050. PARCEL IDENTIFICATION NO: 38-18-1342-178, CONTROL #: 38004957 TITLE TO SAID PREMISES IS VESTED IN Jack A. Hoke, an adult individual, by Deed from Eastern Development & Planning, Inc., dated 07/28/2005, recorded 07/29/2005 in Book 270, Page 695. PREMISES BEING: 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 PARCEL NO. 38-18-1342-178 AND 38004957 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff, V. JACK A. HOKE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1094 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. ATTORNEY FOR PLAINTIFF DANIEL G. SCHMIE UIRE Attorney for Plaintiff FILE -4t l'FICF THE p , ,,,."J, , ,?O APY 2U69 APR 24 All I l : 19 h .: ' I 1 '' j ?iV'r{ FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION V. JACK A. HOKE Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1094 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None • , „'` 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 Gable Park Association 13 LISMORE PLACE MECHANICSBURG, PA 17050-8247 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 Millersville, PA 17551 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 herei a subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to au ties. April 20, 2009 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff RED wa ='r`lf E OF THE FIFIO (i.'r 14'TT Y 2009 APR 24 AN 11: 19 1 FIRST HORIZON HOME LOAN CORPORATION, CUMBERLAND COUNTY A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION No. CIVIL-09-1094 Plaintiff, V. JACK A. HOKE Defendant(s). April 20, 2009 TO: JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247, is scheduled to be sold at the Sheriffs Sale on 09/02/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $143,281.22 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling ,(215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 69, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase H of Waterford Square, prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the southeastern right-of-way line of Lismore Place at the common front property corner of Lot No. 69 and Lot No. 70 as shown on the above referenced plan of lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 275.00 feet and an arc length of 18.65 feet to a point at the dividing line between Lot No. 68 and Lot No. 69; thence along said dividing line South 43 degrees 34 minutes 20 seconds East, a distance of 127.71 feet to a point; thence South 45 degrees 09 minutes 57 seconds West, a distance of 63.58 feet to a point at the dividing line between Lot No. 69 and Lot No. 70; thence along said dividing line North 21 degrees 54 minutes 20 seconds East, a distance of 117.15 feet to a point; thence North 38 degrees 59 minutes 12 seconds West, a distance of 21.16 feet to a point, said point being the Place of BEGINNING. CONTAINING: 4,853.00 square feet or 0.11 acre, more or less. BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania corporation, by deed dated March 9, 1998 and recorded April 9, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 113, granted and conveyed to Eastern Development & Planning, Inc., a Pennsylvania Corporation, GRANTOR herein. UNDER AND SUBJECT to Declaration of Covenants, Conditions and Restrictions as set forth in Miscellaneous Book 488, Page 590, Miscellaneous Book 573, Page 152, and Bylaws of Waterford Square Community Association, Inc. as referred to in said Declaration, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record and as shown on the above-mentioned plan of lots. HAVING THEREON erected a two story townhouse known and numbered as 13 Lismore Place, Mechanicsburg, Pennsylvania 17050. PARCEL IDENTIFICATION NO: 38-18-1342-178, CONTROL #: 38004957 TITLE TO SAID PREMISES IS VESTED IN Jack A. Hoke, an adult individual, by Deed from Eastern Development & Planning, Inc., dated 07/28/2005, recorded 07/29/2005 in Book 270, Page 695. PREMISES BEING: 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 PARCEL NO. 38-18-1342-178 AND 38004957 FILED OF THE 2009 APR 24 All 11: 19 Gt'Pa" . .? "r NT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1094 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JACK A. HOKE (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 $143,281.22 L.L. $.50 Interest FROM 04/02/2009 TO 09/02/2009 (PER DIEM - $23,35) - $3,626.70 AND COSTS Atty's Comm % Atty Paid $151.50 Plaintiff Paid Date: APRIL 24, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs C s R. Long, Pro By: Deputy AFFIDAVIT OF SERVICE, PLAIN= FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION DEFENDANT(S) JACK A. HOKE SERVE JACK A. HOKE AT: 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. CIVIL-09-1094 ACCT. k197417 Type of Action - Notice of Sheriff's Sale Sale Date: 09/02/2009 SERVED Served and made known to Defendant, on the ?9:6_ day of 2001 at :Go o'clock -P.m.,at o?? C'R?Qru?2Y ?dAD, ??lL/?lG Sp21Nl?S at.. of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is- Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbusiness. an officer of said Defendant(s)'s company. Other. Description: Age (--) 0S Heights` Q Weight 0 Race W Sex A Other I, C D 04-LD M O LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed 21 G(.''3TY before me this day t: v -A, ,PqL1 of-?,200?. STATE t3F Mr-W At RSEY Nota , F_ PLEA ERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND becat se: Moved Unknown No Answer 1st Attempt: / / -Time: 3rd Attempt: / / ' Time: Sworn to and subscribed before me this day of , 200. Notary: Vacant 20d Attempt: Time: 1, ?I Attorney for 1 In `ff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, uite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z? r. FILEi?-:`_ ? _?F OF THE PF?_ 4'-)',-MARY 2009 JUN 16 Ail 9.59 •..?,eyarlwa?. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION Plaintiff VS. JACK A. HOKE Defendant(s) PHS #: 197417 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-1094 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attornev for Plaintiff By: La nce T. Phelan, squire Francis S. Hallinan , squire 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 06-18-09 PHS #: 197417 VERIFICATION Mike Fisher hereby staters that he/she is 1:,,, tted Vice president 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: N Name: W1J&e t-rovIgi Title:i Limited Vice President Company: METLIFE HOME LOANS File #: 197417 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-1094 Plaintiff VS. JACK A. HOKE Defendant(s) : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Lawr ce T. Phelan, squire Francis S. Hallinan, squire 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 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Date: 06-18-09 FOL.= ., _ .?,L '77 71-7, LU C9 ,. 23 Ft' 2: 14 °? ;r s: . '_ - ?. ??a?_- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zie .filer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 24 day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of (:ivil Term, 2009 Number 1094, at the suit of FIRST HORIZON HOMES LOAN CORP against JACK .A HOKE is duly recorded as Instrument Number 200933425. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this ~~ day of .~ ~~-- ~ 1 of Deeds ~I: f 4 4 aJ ~ iiu ° ~ ~' w~~~R f -,~., »~, ~ ~a F s~i ~~.y of ,~,n. ~ 1 r; Sheriff s Office of Cumberland County ~::,_ .:~ ~ -;~- R Thomas Kline , `''`- T~ ~'~ -~ Sheriff _ , ~ t t Ronny R Anderson ~..° rr'~ L'~ -~ `-'i Chief Deputy - Jody S Smith '- Civil Process Sergeant ~-~~ Edward L Schorpp Solicitor First Horizon Home Loan Corporation a Division vs. Case Number Jack A Hoke 2009-1094 SHERIFF'S RETURN OF SERVICE 06/20/2009 09:22 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 0923 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: Jack A. Hoke, by making known unto, Jack A. Hoke, personally, at, 20 Creamery Road, Boilings Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/26/2009 02:40 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/20/09 at 0923 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: Jack A. Hoke, by making known unto, Jack A. Hoke, personally, at, 20 Creamery Road, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises ai: public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of, Fannie Mae, of, P.O. Box 650043,Dallas, TX, 75265-0043, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,227.06 SHERIFF COST: $1,218.06 September 08, 2009 / I n~cYlc 7 SO ANSWERS, ~~ ~~~~ R THOMAS' KLINE, SHERIFF i~ c 1 C p ,, . ~- L Ue 7 / .7 `~ ~~~ 3l18`i FAST HORIZON HOME LOAN CORPORATION ` A ~~VISION OF FIRST TENNESSEE BANK NATIONAL, ASSOCIATION Plaintiff, v. JACK A. HOKE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-1094 AFFIDAVIT PURSUANT TO RULE 3129.1 FIRST HORIZON HOME LOAN CORPORATION A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION ,Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JACK A. HOKE ZO CREAMERY ROAD BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None '` 5.~ Name, and address of every other person who has any record lien on the property: ~ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if' address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 Gable Park Association 13 LISMORE PLACE MECHANICSBURC~, PA 17050-8247 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 Libcrty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building, Harrisburg, PA 17105 Millersville, PA 17551 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 herei e subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authefnties. Apri120, 2009 DATE -~~._ _ DANIEL G. SCHMIEG, E'~QUIRE Attorney for Plaintiff A ~. ~ ' 1 FIRST HORIZON HOME LOAN CORPORATION, CUMBERLAND COUNTY A DIVISION OF FII2ST TENNESSEE BANK NATIONAL ASSOCIATION No. CIVIL-09-1.094 Plaintiff, v. JACK A. HOKE Defendant(s). April 20, 2009 TO: JACK A. HOKE 20 CREAMERY ROAD BOILING SPRINGS, PA 17007 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247, is scheduled to be sold at the Sheriffs Sale on 09/02/2009 at 10:00 a.m. in the; Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court: judgment of $143,281.22 obtained by FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 ma;y 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 corrtact 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 t:he 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 brin€; 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 ONC>H:. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 69, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase II of Waterford Square, prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the southeastern right-of--way line of Lismore Place at the common front property corner of Lot No. 69 and Lot No. 70 as shown on the above referenced plan of lots; thence along said right-of--way line of Lismore Place by a curve having a radius of 275.00 feet and an arc length of 18.65 feet to a point at the dividing line between Lot No. 68 and Lot No„ 69; thence along said dividing line South 43 degrees 34 minutes 20 seconds East, a distance of 127.71 feet to a point; thence South 45 degrees 09 minutes 57 seconds West, a distance of 63.58 feet to a point at the dividing line between Lot No. 69 and Lot No. 70; thence along said dividing line North Z1 degrees 54 minutes 20 seconds East, a distance of 117.15 feet to a point; thence North 38 degrees 59 minutes 12 seconds West, a distance of 21.16 feet to a point, said point being the Place of BEGINNING. CONTAINING: 4,853.00 square feet or 0.11 acre, more or less. BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania corporation, by deed dated March 9,1998 and recorded Apri19, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 113, granted and conveyed to Eastern Development & Planning, Inc., a Pennsylvania Corporation, GRANTOR herein. UNDER AND SUBJECT to Declaration of Covenants, Conditions and Restrictions as set forth in Miscellaneous Book 488, Page 590, Miscellaneous Book 573, Page 152, and Bylaws of Waterford Square Community Association, Inc. as referred to in said Declaration, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of--way of record and as shown on the above-mentioned plan of lots. HAVING THEREON erected a two story townhouse known and numbered as 13 Lismore Place, Mechanicsburg, Pennsylvania 17050. PARCEL IDENTIFICATION NO: 38-18-1342-178, CONTROL #: 38004957 TITLE TO SAID PREMISES IS VESTED IN Jack A. Hoke, an adult individual, by Deed from Eastern Development & Planning, Inc., dated 07/28/2005, recorded 07/29/2005 in Book 270, Page 695. PREMISES BEING: 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 PARCEL NO. 38-18-1342-178 AND 38004957 WRIT OF EXECUTION and/or ATTACHMENT ~, COMMONWEALTH OF PENNSYLVANIA) NO 09-1094 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Plaintiff (s) From JACK A. HOKE (I) 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 $143,281.22 L.L. $.50 Interest FROM 04/02/2009 TO 09/02/2009 (PER DIEM - $23,.55) - $3,626.70 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $151.50 Other Costs Plaintiff Paid Date: APRIL 24, 2009 Cu .Long, Pro o ry (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 BOULEVARD, 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 upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as, 20 Creamery Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 By: ~~ Real Estate Coordinator •~he Patriot-News Co. 812 IlAarket St. Harrisburg, PA 17101 Inquiries -'717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 oni the date(s) shown below: 07/24/09 r ~ 07/31/09 ~~j~ ~ /~ ~- 08/07/09 ~. Sworn to~d's~bscribed before me ttyis~ 14 ay ~ August, 2009 A.D. ''~- ~ ~' (,fir, tit / `/~ ~t~~___-----__. ~- Not ry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisser, Notary Public City 01 Harrisburg, Dauphin Count!/ My Comrnisstnn Expires Nov. 26.2011 Member, Pennsylvania Association of Notaries SsN No. 4p Writ No. tOOY-1'9B4 CfirNTirm Flrat Hoe?Izon Horns Loon C~orporetlon a Dlvlsloth of First t Tsnnrissss Bsnk tfraitlonsl ' 7-ssoclelYtm e ~ vs.. Jack'A Hoh A : Denial Sohmleg BY LEQAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as I.ot No. 69, situate in the Township of Silver Spring, County of 'Cumberland and Commonweahh of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase II of Vftaterford Square, prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds- in and. for Cumberland County, pemisylvania, m Subdivision Plan Book 76, Page'6, and being'nwe fully bounded and descn'bed as follows: B,~GIIdNING at a point on tine soutlreastem rightof~way line of I;ismore Place at the common front property comer of Lot No. 69 and Lot No. 70.as shown on the above referenced plan of lots; thence along said right-of-way line of Elsinore Place by a curve havingi a radius of 275.00 fed and an arc length of 18.65 feet to a poi at the dividing line between Lot No. 68 a6d Lot No. 69;.tbence along said dividing line South 43 degrees 34 minutes 20 seconds. East, a distance of 127.71 feet to a print;` thence' Soutii 45 degrees 09 minutes 51 seconds West, a distaucx of 63.58 feet to a point ak the dividing line Uetwet=n I.ot No. 69 end Lot No. 70; ;thence along said dividing line North 2i degrees 54 minutes. 20 seconds East, a distance of 117.15 feet to a pout; thence Notch 3$ degrees 59 minutes 12 seconds West, a distance of 21.16 fen to A point, said poink being the Place of BEGINNING. CONTAINING: 4,853.00 square feet or 0.11 acre, more or less.BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania cvtpotation, by decd dared March 9,1998 and recorded Apri19, 1998 in the Office of the Recorder of Deeds io and for Cumberland County, Pennsylvania, in Deed Book 175, Page 1.13, :granted and cerneyed to Eastern Development & Planning, rtnc.; a Pennsylvania Cotporatiar, GRANTOR ,Herein. UNDER AND S1 JBIECI' to Declaration of Covenants, Conditions and Restrictions as set #gRgr ni ~Beek 4~ ~1F-590, Irfrolflaeeaa iboat S'13, Past t59, aril Srlsavs, ~1K ~'~, • ,~ ~ ~~ and =211db to gesem~ts, reshiictions, reservations, conditions i>bd tights-of-way of rscd<d and as shown on thealwve-mefltioced plan ~f lots. HAVING TI•ffitEON erected a two story. towehouse knrnvu and mrmbered as 13 Liamore Place, Mechanicsl1~~'88 Pennsylvania 17050.'FARCEL 1DENTJFICATiON N0: 38-181342-178, CONTROL N: ~8b049S7 Tl'1'f.E TO SAID PREMLS"FS' IS VESTED Itd Jack A. Hoke, ao adult individual, bq Dad from Eastern Development & Planning, Iiwc., datod 01/28! 2003, recorded 0112912005 in $oolr 270, Page 695. PREMISES . HEQdC,: `13 ~LiSMORE PI.Ag'Ii.1~CflARK29Bt31IQ PA 11050$247 PA1tC8[, N0.88-Ig•13d~17d AIVD 3004957 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1'784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Jourlial, 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 Col:mty and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 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. r Marie Coyne, TO AND SUBSCR'1:BED before me this da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 REAL, ESTATE BALE MO. 48 Writ No. 2009-1094 Civil First Horizon Home Loan Corporation a Division of First Tennessee Bank National Association vs. Jack A. Hoke Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land designated as Lot No. 69, situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, as shown on a Final Land Subdivision Plan of Phase II of Waterford Square, prepazed by H. Edwazd Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 76, Page 6, and being more fully bounded and described as follows: BEGINNING at a point on the southeastern right-of-way line of Lismore Place at the common front property corner of Lot No. 69 and Lot No. 70 as shown on the above refer- enced plan of lots; thence along said right-of-way line of Lismore Place by a curve having a radius of 275.00 feet and an arc length of 18.65 feet to a point at the dividing line between Lot No. 68 and Lot No. 69; thence along said dividing line South 43 degrees 34 minutes 20 seconds East, a dis- tance of 127.71 feet to a point; thence South 45 degrees 09 minutes 57 sec- ondsWest, adistance of 63.58 feet to a point at the dividing line between Lot No. 69 and Lot No. 70; thence along said dividing line North 21 degrees 54 minutes 20 seconds East, a distance of 117.15 feet to a point; thence North 38 degrees 59 minutes 12 seconds West, a distance of 21.16 feet to a point, said point being the Place of BEGINNING. CONTAINING: 4,853.00 square feet or 0.11 acre, more or less. BEING PART OF THE SAME PREMISES which Waterford Squaze Associates, Inc., a Pennsylvania corporation, by deed dated March 9, 1998 and recorded April 9, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 175, Page 113, granted and conveyed to Eastern Development & Planning, Inc., a Pennsylvania Corporation, GRANTOR herein. UNDER AND SUBJECT to Dec- laration of Covenants, Conditions and Restrictions as set forth in Miscellaneous Book 488, Page 590, Miscellaneous Book 573, Page 152, and Bylaws of Waterford Square Community Association, Inc. as referred to in said Declazation, and FURTHER UNDER AND SUBJECT to easements, restrictions, reserva- tions, conditions and rights-of--way of record and as shown on theabove- mentioned plan of lots. HAVING THEREON erected a two story townhouse known and num- bered as 13 Lismore Place, Mechan- icsburg, Pennsylvania 17050. PARCEL IDENTIFICATION NO: 38-18-1342-178, CONTROL #: 38004957 TITLE TO SAID PREMISES IS VESTED IN Jack A. Hoke, an adult individual, by Deed from Eastern Development & Planning, Inc., dated 07/28/2005, recorded 07/29/2005 in Book 270, Page 695. PREMISES BEING: 13 LISMORE PLACE, MECHANICSBURG, PA 17050-8247 PARCEL NO. 38-18- 1342-178 AND 38004957.