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HomeMy WebLinkAbout05-6107 . PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563,7000 FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. CUMBERLAND COUNTY CluiLT8L'l NO. (,) S - &:.101 TIMOTHY CURRIE LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, P A 17050 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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, P A 17013 (800)990.9108 File #: 126513 File #: ] 26513 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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. 1. Plaintiff is FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 2. The name(s) and last known addressees) of the Defendant(s) are: TIMOTHY CURRIE LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, P A 17050 who is/are the mortgagor( s) and real owner( s) of the property hereinafter described. 3. On 08/15/2003 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 Mortgage Book No. 1830, Page: 3430. 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 08/01/2005 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 #: 126513 6. The following amounts are due on the mortgage: Principal Balance Interest 07/0112005 through 11/23/2005 (Per Diem $32.29) Attorney's Fees Cumulative Late Charges 08/15/2003 to 11123/2005 Cost of Suit and Title Search Subtotal $211,320.25 4,714.34 1,250.00 184.65 $ 550.00 $ 218,019.24 Escrow Credit Deficit Subtotal TOTAL 0.00 1,748.42 $ 1.748.42 $ 219,767.66 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant( s) in the sum of $ 219,767.66, together with interest from 11/23/2005 at the rate of$32.29 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. ALLINAN ~~ By: ;;;;:5: ~in: - LA RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FlIe #~ t265t3 LEGAL DESCRIPTION ALL that certain tract or parcel ofland situate in the Township of Silver Springs, County of Cumberland County, Commonwealth of Pennsylvania, bounded and described as follow: BEGINNING at a point on the western right-of,way line of Ginger Drive, and common corner with Lot 55, of which this is part; thence along said western right'of-way line along an arc of a curve to the left having a radius of 175.00 feet an arc length of26.51 feet, the chord of which being South 50 degrees, 46 minutes, 38 seconds East, for a distance of26.49 feet to a point; thence along same, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 48.64 feet to a point, said point being a common corner with Lot 78 (Common Open Space), which this is a part; thence along Lot 78 (Common Open Space), South 34 degrees, 53 minutes, 05 seconds West, for a distance of 100.00 feet; thence along same, North 55 degrees, 06 minutes 55 seconds West, for a distance of 80.42 feet to a point; thence along same, North 35 degrees, 10 minutes, 10 seconds West (erroneously listed as 08 seconds in the line table), for a distance of 10.28 feet to a point, said point being a common corner with Lot 78 (Common Open Space) and Lot 55, of which this is part; thence along Lot 55, North degrees, 33 minutes, 46 seconds East for a distance of 99.64 feet to a point, the place of BEGINNING. Being Lot 56 of the 'Final Subdivision Plan for Ginger Field', as recorded in Book 80, Page 132, of Cumberland County Records. PROPERTY BEING: 17 GINGER DRIVE File #: 126513 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing ofthe pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. " ~ ~- ;.111/ ~iS S. Hallinan, Esquire Attorney for Plaintiff DATE: //ld::3 /S . ;0 (j -/,..). \l 1t- If( VI - -{::: V( ~ q-- CY 1'-' n 8 ,-" ~ -- 11\ : -;:~ C~'-, .J::. ~ ~ --." :-:1 - - :. ""-Y --....... \',:~ ",-\ ,-0 =E -- ~ . -f- f..n -- _._-~--------- l SHERIFF'S RETURN - REGULAR CASE NO: 2005-06107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CURRIE TIMOTHY ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CURRIE TIMOTHY the DEFENDANT , at 1958:00 HOURS, on the 2nd day of December, 2005 at 17 GINGER DRIVE MECHANICSBURG, PA 17050 by handinc, to TIMOTHY CURRIE 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 So Answers: 18.00 11.52 .00 10.00 .00 39.52 -~-[2..,,"" ?0 r ~:~;'c!''':'':;:.'._~<(~ '1-.,t:A::::::~..-tP R. Thomas Kline 12/05/2005 PHELAN HALLINAN SCHMIEG me this /U~ ~ day of Sworn and Subscribed to before By: OeD") .D. , SHERIFF'S RETURN - REGULAR CASE NO: 2005-06107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST HORIZON HOME LOAN CORP VS CURRIE TIMOTHY ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CURRIE LESLIE the DEFENDANT , at 1958:00 HOURS, on the 2nd day of December, 2005 at 17 GINGER DRIVE MECHANICSBURG, PA 17050 by handin9 to TIMOTHY CURRIE, HUSBAND a true and attested copy of COMPLAINT - MORT FORE t0gether with and at the same time directin9 His attention to the contents thereof. Sheriff's Costs: Docketin9 Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 "'~'-::;? . ,'~ . -." ,,;.,~-' f / R. Thomas Kline 12/05/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this /L//~ day of C"~&iD ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION 4000 HORIZON WAY IRVING, TX 75063 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. .. NO. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TIMOTHY CURRIE and LESLIE CURRIE, 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 from 11/24/05 to 6/22/06 TOTAL $219,767.66 $6,813.19 $226,580.85 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE:J..u)t:' .:JC- ;)..oDb ~A~~? - , PRO PROTHY ~ .. PHELAN HALLINAN AND SCHMIEG 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 (71 ,) 'inl-7000 FIRST HORIZON HOME LOAN CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TIMOTHY CURRIE LESLIE CURRIE : NO. 05-6107 CIVIL TERM Defendants TO: LESLIE CURRIE 17 GINGER DRNE MECHANICSBURG, P A 17050 DATE OF NOTICE: DFCF,MRF,R 2R 2005 TIDS 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, TIDS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .. PHELAN HALLINAN AND SCHMIEG 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 (71~) ~61-7noo FIRST HORIZON HOME LOAN CORPORATION Plaintiff ATTORNEYFORPLAINT~F : COURT OF COMMON PLEAS : CIVIL DNISION Vs. : CUMBERLAND COUNTY TIMOTHY CURRIE LESLIE CURRIE : NO. 05-6107 CIVIL TERM Defendants TO: TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: ORC.RMRRR 211 2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.~ YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff , .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/arenot in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY CURRIE is over 18 years of age and resides at , 17 GINGER DRIVE, MECHANICSBURG, P A 17050. (c) that defendant LESLIE CURRIE is over 18 years of age, and resides at , 17 GINGER DRIVE, MECHANICSBURG, P A 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff .. . "s. 7d ~ ..c t .. 1 % - M ~ ~ ~ ~ t/l CI'\ r- ~ ~~ h ( J r;~ C) C':,) -.,., c,." L- :rJ -n ~-: fl1f.: :"\.) . j (}\ ::~C_l :!::': '? <:;) U1 . ... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on '- t..", < (. 200b. By: t1 JA-+;LI2 .x?~ DepUTY ~ CT If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED; THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST HORIZON HOME LOAN CORPORATION Plaintiff, v. No. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $226,580.85 Interest from 6/22/06 to DECEMBER 6, 2006 (per diem -$37.25) $6,220.75 and Costs TOTAL $232,801.60 /J DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a~epresentative of the plaintiff at the Sheriff's Sale. .The sale must. be postponed or stayed in the event that a representative of t~e plaintiff is not present at the sale~ \;10$ O~ ~? ~~ 0.00 6~ ~o.. o~ u7. ~S U ~~ 8; ~i ~5 ;;-;.." ,J,) l-.h- Q ~)~ 6 ~.) ~.,.. , ~,O ;~~iL ('-l ;dtu ::~.....: \J.-:.c ~ l- ...;:;;:> l!.- c.~! C <co; .c-...;. -J:fh. a~~ '- ':: ~j:- \ I ~ a 8 Vi 9i ::! ~'" ~ 3 ~6 i~ E~ NO ~~ 00 =u ~ S \;10 .;, ;>0 ~~ ?~ U5 ~~ b~ ~~ ~ 6 ~ ~'E \ili1~ \;10 e O-V ... ~~ ~~ ~, ~ '0'1: \;10 e \ili16 ~ U ~ 0. ~ lr .. .. I I I () ~ 0 q~4 \1,<i-ri - - - I r'l In' t-= ,.., - ~ ~~ ~~ ........ ...... << o.~ ~~ ?; ~rJl ~~ ~~ UU ~~ tt c:.c:. ~~ ~" 7.~ CS" ........ ...... ~:{ ~ e -:. i;,tJ."': ~ ., .\j ~ -.a i .8 i '" .... ., g- o. ., ~ .t:l ~ v ~ a J4 .1 1 c; ...g~ ~ Vl C'1 ~ li) ~ 15 9 i pi.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6107 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From TIMOTHY CURRIE AND LESLIE CURRIE (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $226,580.85 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $37.25) - $6,220.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.52 Other Costs Plaintiff Paid Date: JUNE 26, 2006 CURTIS R. LONG (Seal) Protho~ <....I!y: a. 0 9. 7f0Ud~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 ill No. 62205 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Springs, County of Cumberland County, Commonwealth of Pennsylvania, bounded and described as follow: BEGINNING at a point on the western right-of-way line of Ginger Drive, and common corner with Lot 55, of which this is part; thence along said western right-of-way line along an arc of a curve to the left having a radius of 175.00 feet an arc length of 26.51 feet, the chord of which being South 50 degrees, 46 minutes, 38 seconds East, for a distance of26.49 feet to a point; thence along same, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 48.64 feet to a point, said point being a common corner with Lot 78 (Common Open Space), which this is a part; thence along Lot 78 (Common Open Space), South 34 degrees, 53 minutes, 05 seconds West, for a distance of 100.00 feet; thence along same, North 55 degrees, 06 minutes 55 seconds West, for a distance of 80.42 feet to a point; thence along same, North 35 degrees, 10 minutes, 10 seconds West (erroneously listed as 08 seconds in the line table), for a distance of 10.28 feet to a point, said point being a common corner with Lot 78 (Common Open Space) and Lot 55, of which this is part; thence along Lot 55, North degrees, 33 minutes, 46 seconds East for a distance of99.64 feet to a point, the place of BEGINNING. Being Lot 56 of the 'Final Subdivision Plan for Ginger Field', as recorded in Book 80, Page 132, of Cumberland County Records. Being Parcel # 38-21-0291-178 PREMISES BEING: 17 GINGER DRIVE, MECHANICSBURG, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy Currie and Leslie Currie, husband and wife, as Tenants by the Entireties, by Deed from Altieri Enterprises, Inc., dated 8-15-03, recorded 8-19-03, in Deed Book 258, page 3800. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Altieri Enterprises, Inc., by Deed from Shah Mathias, aIkIa Shahnawaz M. Matahias, T 1 A Eastern Develoment and Design, dated 11-9-01, recorded 11-20-01, in Deed Book 249, page 1377. r' ~RST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS TIMOTHY CURRIE LESLIE CURRIE CIVIL DIVISION NO. 05-6107 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) FIRST HORIZON HOME LOAN CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .17 GINGER DRIVE. MECHANICSBURG. PA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, P A 17050 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None I " 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 17 GINGER DRIVE MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff " t ':;~:; () c:::> -n c.,.... c_ C.:". r...' Q'. o c' cr'. 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 ATTORNEY FOR PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION TIMOTHY CURRIE LESLIE CURRIE NO. 05-6107 Defendant(s). 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. CHMIEG, ESQUIRE Attorney for Plaintiff r-.'" ,_....-" r:~' ~^n ~.:::~;, c,,, ~,~ en SJ C') C7' * . FIRST HORIZON HOME LOAN CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant(s). June 22, 2006 TO: TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 17 GINGER DRIVE. MECHANICSBURG. P A 17050. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $226.580.85 obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. Ifthe 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 mav 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 tract or parcel of land situate in the Township of Silver Springs, County of Cumberland County, Commonwealth of Pennsylvania, bounded and described as follow: BEGINNING at a point on the western right-of-way line of Ginger Drive, and common corner with Lot 55, of which this is part; thence along said western right-of-way line along an arc of a curve to the left having a radius of 175.00 feet an arc length of26.5l feet, the chord of which being South 50 degrees, 46 minutes, 38 seconds East, for a distance of 26.49 feet to a point; thence along same, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 48.64 feet to a point, said point being a common corner with Lot 78 (Common Open Space), which this is a part; thence along Lot 78 (Common Open Space), South 34 degrees, 53 minutes, 05 seconds West, for a distance of 100.00 feet; thence along same, North 55 degrees, 06 minutes 55 seconds West, for a distance of 80.42 feet to a point; thence along same, North 35 degrees, 10 minutes, 10 seconds West (erroneously listed as 08 seconds in the line table), for a distance of 10.28 feet to a point, said point being a common corner with Lot 78 (Common Open Space) and Lot 55, of which this is part; thence along Lot 55, North degrees, 33 minutes, 46 seconds East for a distance of99.64 feet to a point, the place of BEGINNING. Being Lot 56 of the 'Final Subdivision Plan for Ginger Field', as recorded in Book 80, Page 132, of Cumberland County Records. Being Parcel # 38-21-0291-178 PREMISES BEING: 17 GINGER DRIVE, MECHANICSBURG, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy Currie and Leslie Currie, husband and wife, as Tenants by the Entireties, by Deed from Altieri Enterprises, Inc., dated 8-15-03, recorded 8-19-03, in Deed Book 258, page 3800. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Altieri Enterprises, Inc., by Deed from Shah Mathias, alk/a Shahnawaz M. Matahias, T/A Eastern Develoment and Design, dated 11-9-01, recorded 11-20-01, in Deed Book 249, page 1377. . r"-'" c? 'Zi~ '- (::) .'n ::::1_"1 ~.~tf! (.~-:;: "",- \'-) ;'".' Ci\ .- =:;:;.. 9 C"l 0' J AFFIDAVIT OF SERVICE PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION CUMBERLAND COUNTY I DEFENDANT(S) TIMOTHY CURRIE LESLIE CURRIE No. 05-6107 ?l-\Stl-t ~CqS'13 ACCT. #0043633031 ~ SERVE: TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to --;; /VI 0 t II V C ...fI'" e , Defendant, on the ~ 1'1 d. dayof::r l.t I y , 200"" at '3~O( ,0'c1ockf"m.,at-11 6.i^'i-er br. . Commonwealth of Pennsylvania. in the manner described below; _ Defendant personally served. . [. Y Adult family member wilh whom Defendanl(s) reside(s), Name and Relationship is \...It ~ Adult in charge ofDefendanl(s)'s residence who refused to give name or relationship. Manager/Clerk ofpl""e oflodging in which Defendanl(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other; Description; Age~() Height S-l/ill WeightJ1.L Race~Sex-.-E. Other I, ~ CW; J 12 0 bel'tS ,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. f) Cv.-r;i 4 tk- AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE AITEMPTED. ~....ct2i).' i-'~,'olic Stale of New Jersey P~RICIA E HARRIS Com~ ,(x~ife9 duR.!l\sf200e NOT SERVED ,200~ at o'clock _,m., Defendant NOT FOUND because; Moved Unknown No Answer Vacant I" Attempt: 2nd Attempt: 1 / Time: / / Time: 3rd Attempt: 1 / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 () C :? -u~..." rnp: "'?"' ~.' . '':::::-;;:: ~': (/i~l _Y'" _.~ lh: '- ",;~' r' , ~>S ~ ,...., = = "'" ",.. c::: G) w ~ ~:Il ~H; :00 o(..l, "-1 ...J ~T ..,- ';5'.) ~?'O Om -'-I ~ ." :r w .. N <Xl AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF FIRST HORIZON HOME LOAN CORPORATION No. 05-6107 . . DEFENDANT(S) ACCT. #0043633031 TIMOTHY CURRIE LESLIE CURRIE SERVE: LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 Served and made known to L (" s ~. c: , 200~ at 1,n 7 ,o'clock (J.m., at SERVED , Defendanl, on Ihe '2,.~ day of :T... Iy C l4'f','C II G,''',Rr ~I'. ,Commonwealth of Pennsylvania, in the manner described below: ~efendant personally served. Adult family member with whom Defendanl(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age '3()."l~ HeightS""". Weight.l.lr Race.JL"LSexL Other I,_br... l'c.\ ~ el'+-S . a compelent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy oflhe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ 9a-,J ~ ST SERVICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATRICIA E HARR ATTEMPTED. mission Expires June 16, 2008 NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer _ Vacant l't Attempt: 2Dd Attempt: I I Time: 1 I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Nolary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 2.l''1C t1 I - ( \/; " ~,-~" ~~ ~. ",;"'.. :>::~:' ~? ~j '-, (') '"()t~ J-I1rJ ~ N CX> . '" = = c" """ c- GCi W ~ :r m:D r- :-pm <)0 :::)(.1 .--{ -> ?j'3:; -_;;.~C) cjrn --f ~ -<: -n ....."r -<::.'>., First Horizon Home Loan Corporation VS Timothy Currie and Leslie Currie In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6107 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Mileage Poundage Posting Handbill Levy 30.00 30.00 .50 1.00 17.60 74.04 15.00 15.00 $ 183.14 ,./ JIJo3jtJ& c:r s<~~ R. Thomas Kline, Sheriff ~ ergeant \,so k5'I,D79 ~ t' f ' . , " FIRST HORIZON HOME LOAN CORPORATION f CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS TIMOTHY CURRIE LESLIE CURRIE CIVIL DIVISION NO. 05-6107 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIRST HORIZON HOME LOAN CORPORATION, P1aintiffin 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 .17 GINGER DRIVE. MECHANICSBURG. P A 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, P A 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ," ; ;' , I 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 17 GINGER DRIVE MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 22, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,. i FIRST HORIZON HOME LOAN CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-6107 TIMOTHY CURRIE LESLIE CURRIE Defendant( s). June 22, 2006 TO: TIMOTHY CURRIE 17 GINGER DRIVE MECHANICSBURG, P A 17050 LESLIE CURRIE 17 GINGER DRIVE MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING 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 A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 17 GINGER DRIVE. MECHANICSBURG. P A 17050. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $226.580.85 obtained by FIRST HORIZON HOME LOAN CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: J. 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. Ifthe 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 1>' LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Township of Silver Springs, County of Cumberland County, Commonwealth of Pennsylvania, bounded and described as follow: BEGINNING at a point on the western right-of-way line of Ginger Drive, and common comer with Lot 55, of which this is part; thence along said western right-of-way line along an arc ofa curve to the left having a radius of 175.00 feet an arc length of26.51 feet, the chord of which being South 50 degrees, 46 minutes, 38 seconds East, for a distance of26.49 feet to a point; thence along same, South 55 degrees, 06 minutes, 55 seconds East, for a distance of 48.64 feet to a point, said point being a common comer with Lot 78 (Common Open Space), which this is a part; thence along Lot 78 (Common Open Space), South 34 degrees, 53 minutes, 05 seconds West, for a distance of 100.00 feet; thence along same, North 55 degrees, 06 minutes 55 seconds West, for a distance of 80.42 feet to a point; thence along same, North 35 degrees, 10 minutes, 10 seconds West (erroneously listed as 08 seconds in the line table), for a distance of 10.28 feet to a point, said point being a common comer with Lot 78 (Common Open Space) and Lot 55, of which this is part; thence along Lot 55, North degrees, 33 minutes, 46 seconds East for a distance of 99.64 feet to a point, the place of BEGINNING. Being Lot 56 of the 'Final Subdivision Plan for Ginger Field', as recorded in Book 80, Page 132, of Cumberland County Records. Being Parcel # 38-21-0291-178 PREMISES BEING: 17 GINGER DRIVE, MECHANICSBURG, P A 17050. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Timothy Currie and Leslie Currie, husband and wife, as Tenants by the Entireties, by Deed from Altieri Enterprises, Inc., dated 8-15-03, recorded 8-19-03, in Deed Book 258, page 3800. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Altieri Enterprises, Inc., by Deed from Shah Mathias, a!k/a Shahnawaz M. Matahias, T/A Eastern Develoment and Design, dated 11-9-01, recorded 11-20-01, in Deed Book 249, page 1377. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6107 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST HORIZON HOME LOAN CORPORATION, Plaintiff (s) From TIMOTHY CURRIE AND LESLIE CURRIE (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accoWlt of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOWld in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $226,580.85 L.L. $.50 Interest FROM 6/22/06 TO 12/6/06 (PER DIEM - $37.25) - $6,220.75 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.52 Plaintiff Paid Date: JUNE 26, 2006 Other Costs (Seal) CURTIS R. LONG Pmthonotary ~ ~ ~(hc....P. 'P~.r1~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 # 03 ~ ~ ~ ~ On August 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, P A Known and numbered as 17 Ginger Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17,2006 By: \Jbc4 ~~ Real Estate Sergeant 11 S :01 'V L - lnr QOOl 'ifd 'AHHhD UNv id.:HH,'UlD .:l.:l1~3HS 3Hl jO 3~Jlj.:lO