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HomeMy WebLinkAbout02-5182FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION P.O. BOX 26149 RICHMOND, VA 23260 V. Plaintiff TERM LYNNE A. HAMILTON 1 BOX ELDER COURT ENOLA, PA. 17025 Defendant(s) NO. OQ -s/p, (2;"x - L CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "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. " 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:0107165516 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. Plaintiff is SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION P.O. BOX 26149 RICHMOND, VA 23260 2. The name(s) and last known address(es) of the Defendant(s) are: LYNNE A. HAMILTON 1 BOX ELDER COURT ENOLA, PA. 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/25/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMERCE BANK/HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1407, Page 932. By Assignment of Mortgage recorded 9/30/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 558, Page 631. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $89,230.63 Interest 5,192.30 11/1/01 through 8/1/02 (Per Diem $18.95) Attorney's Fees 1,225.00 Cumulative Late Charges 266.48 9/25/97 to 8/1/02 Cost of Suit and Title Search 550.00 Subtotal $96,464.41 Escrow Credit 0.00 Deficit 417.37 Subtotal $ 417.37 TOTAL $96,881.78 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c. 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $96,881.78, together with interest from 8/1/02 at the rate of $18.95 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. RMAN AND?HEWin, VC f/J By: s./ Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff RECORDATION REQUESTED BY: Commerce Bank/Harrisburg, National Association P.O Box 8599 180 Senate Avenue Camp Nil, PA 17001-atiog WHEN RECORDED MAIL TO: Commerce BankMamieburg, National Association P.O Box 8599 100 Senate Avenue Camp Hill, PA 17001-min, '97 SE;' In PN 3 19 [Space Above This Line For Recording Data) -] 1 1G' ? Jl MORTGAGE THIS MORTGAGE ("Security Instrument") Is given on September 25, 1997. The mortgagor 19 Lynne A. Hamilton ("Borrower"). 1111a Security Instrument Is given to Commerce BanWHardsburg, National Association, which Is organized and existing under the lewd of the United States of America and whose address Is P.O Box 8599, 100 Senate Avenue, Camp Hill, PA 17001-8599 ("Lender"). Borrower owes Lender the principal sum of Ninety Three Thousand If 001100 Dollars (U.S. $93,000.00). This debt is evidenced by Borrower's note dated tho same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, If not paid eadler, due and payable on October 1, 2027. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with Interest, advanced under paregroph 7 to protect the security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In Cumberland County, Pennsylvania: ALL THAT CERTAIN tract of land and Improvements situate In East Pennsboro Township, Cumberland County, Pennsylvania more particularly bounded and described in Exhibit" "attached hereto which has the address of 9A Tory Circle, Enote, Pennsylvania 17025 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and (Mures now or hereafter a pan of the properly. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing Is referred to in this Security Instrument as the "Property' BORROWER COVENANTS that Borrower is lawfully sealed of the aslate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against 811 claims and demand,, subjact to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by juriscl on to constitute a uniform security Instrument covering real properly. left UNIFORM COVENANTS. Borrower and Lender coVenenl and ogres as follows: 1. Payment of Principal sad Interest; Prepayment and Late Charges. Borrower shell promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges tlue under the Not,. 2. Funds ter Taxes and Insurance. Subject to applicable law or to a widen waiver by Lender, Borrower shell pay to Lander on the day monthly payments are due under the Note, Unlit the Note is paid In full, a sum ('Funds") ter: (a) yearly taxes end Property, if any; (c) Yearly ha ity over this Security Instrument es a Ilan on the Property; (b) yeady teasehold payments or ground rents an i Massessments which maylyha przertl ior or property Insurance premiums; (d) yearly flood insurance premiums, X any; (9) yearly mortgage Insurance premiums. If any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, In lieu of the payment of mortgage Insurance premiums. These items are celled "Escrow Items." Lender may, at any time, collect and hold Funds In an amount not to exceed the maximum amount a leader for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended Rom lime to time, 12 U.S.C. Section 2801 at seq. ('AESPA"), unless another law that applies to the Funds soh a lesser amount. If so, Lender may, at any time, collect and hold Funds In an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates at expenditures of future Escrow Items or otherwise In accordance with applicable law. The Funds shall be held In an Institution whose deposits are insured by a federal agency, instrumentality, or entity, (Including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an Independent reel estate tax reporXng service used by Lender in connection with this loan, unless applicable law provides athenvise. Unless an agreement Is made or applicable law requires interest to be paid. Lender shag not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender may agree In writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funtls was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any tine, is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, In such case Borrower shell pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency In no more than twelve monthly payments, at Lender's sole discretion. Upon payment In full of all sums secured by INS Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property. Leader, prior to the acquisition or sale of the Properly, shall apply any Funds held by PENNSYLVANIA-Single Family Fannie Mae/Freddle Mae UNIFORM INSTRUMENT 000K1407PAGr B32 Form 30399/90 (Page I of 4 pages) 09-25-1997 FNMA/FHLMC MORTGAGE Page 2 of 4 Loan No 77777488 (Continued) Lender at the time of acquisition or sets as a credit against the sums secured by this Security instrument, 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to Interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. aenower shell pay all taxes, assessments, charges, tees and Impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pity them on time directly to the person owed payment. Borrower shall promptly furnish !o Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lander recelpis evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lion In a manner acceptable to Lender; (b) contests In good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to thls Security Instrument. If Lender determines that any part of the Property is subject to a lion which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lion or take one or more of the actions set forth above within 10 days of the giving of notice. 6. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected an the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards. Including floods or flooding, for which Lender requires insurance. This Insurance shall be maintained In the amounts and for the penods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to protect Lender's rights In the Property In accordance with paragraph 7. All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall he" the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shell give prompt notice to the insurance carrier and Lender. Lender may make proof of lass if not made promptly by Borrower. Unless Lander and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair 5 not economically feasible or Lenders security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice Is given. Unless Lender and Borrower tithe mdse agree In writing, any application of proceeds to principal shell not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or charge the amount of the payments. If under paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition. 6. Occupancy, Pre"nu llon, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within study days after the execution of this Security instrument and shall continua to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which ere beyond Borrower's control. Borrower shall not destroy, damage or impair the Properly, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default If any forfeiture action or proceeding, whether civil or criminal, Is begun that In Lender's good faith Judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Leader's good faith determination, precludes fodetture of the Borrower's Interest In the Property or other material impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shell also be In default if Sanction, during the loan application process, gave materially false or inaccurate information or statements to Lender (or felled to provide Lander with any material information) In connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee lithe to the Property, the leasehold and the lee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Bights In the Property. If Borrower falls to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights In the Property. Lender's actions may Include paying any sums secured by a lion which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rata and shell be payable, with Interest, upon notice from Lender to Borrower requesting payment. 6. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance In effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously in effect, at a cost substantially equivalent to the eosl to Borrower of the mortgage Insurance previously In effect, from an alternate mortgage Insurer approved by Lender If substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In affect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no longer be required, at the option of Lander, if mortgage Insurance coverage (in the amount and far the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage Insurance ends In accordance with any written agreeimenl between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and Inspections of the Property. Lender shall give Borrower notice at the time of or prior to an Inspection spocllying reasonable cause for the Inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of any pad of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shell be paid to Lander. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then tlue, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Inskumenl Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds mulliplied by the following fraction: (a) the total amount of the sums Secured Immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property In which the fair market value of the Property Immediately before the taking is less than the amount of the sums secured Immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. It the Property is abandoned by Borrower, or If, offer notice by Lander to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lander within 30 days after the date the notice is given, Lender Is authorized to collect and apply the proceeds, at Its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. PGUR 1407PAGE B33 09-25-1997 FNMA/FHLMC MORTGAGE Loan No 77777488 (Continued) - Page 3 of 4 Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dale of the monthly payments refined to In paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortizalion of the sums secured by this Security Instrument granted by Lender to any successor In Interest of Borrower shall not operate to release the liability of the original Borrower or Bonowers successors in Interest. Lender shell not be required to commence proceedings against any successor In Interest or refuse to extend time for payment or otherwise modify amomnation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance by Lendw in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Sonower's Informal In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note Without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally Interpreted so that the Interest or other loan charges collected or to be collected In connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by detivering It or by mailing It by first class mail unless applicable law requires use of another method. The nolkes shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shag be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided In this paragraph. 15. Governing Lew; Severabllity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is locales. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not effect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17, Transfer of the Property or a Beneficial Interest In Borrower. If all or any pad of the Property or any interest In it is sold or Iransfened (or if a beneficial Interest In Bonower Is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent. Lender may, of its relics, require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise Is prohibtied by federal law as of the sate of this Security Instrument. If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shell provide a period of not less than 30 days from the sate the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any rametlles permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. It Borrower masts certain conditions, Borrower shall have the right to he" enforcement of this Security Instrument discontinued at any lime prior to the earlier of. (a) 5 days (or such other period as applicable law may speogy for reinstatement) before seta of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Bonower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all Mamas incurred in enforcing this Security Instrument, Indutling, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue uncharged. Upon reinstatement by Bonower, this Security Instrument and the obligations secured hereby shall remain fully effective as If no assai ellon had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan ServIcer. The Note or a partial Interest in the Note (together with this Security Instrument) may be sold one or more times without prim notice to Borrower. A sale may resull In a change in the entity (known as the "Loan Servlcer") that collects monthly payments due under the Note and this Security Instrument. Thera also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will slate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Handless Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is In violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal resddential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hanartlous Substance or Environmental Lew of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property Is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used In this paragraph 20, "Hazardous Substance" are those substances tlefined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radtasctive materials. As used in this paragraph 20, "Environmental Lew" means federal laws and laws of the jurisdiction where the Properly Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agreement In this Security Instrument (but not prier to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sets of the Property. Lender shall further Inform Borrower of the right to reinstate sner acceleration and me right to swam In the foreclosure proceeding the non-existence of a default or any other defense of Sommer to acceleration and foreclosure. If the default Is not cured as specified, Lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security instrument by judicial proceeding. Lender shalt be entitled to collect all expenses Incurred in pursuing the remedies provided In this paragraph 21, Including, but not limited to, attorneys' tees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Inshument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only It the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any errorer defects In proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. BOU%!407PAGE ,934 09-25-1997 FNMA/FHLMC MORTGAGE Loan No 77-,77488 (Continued)':- Page 4 of 4 26 Reinstatement Period Borrowers time to reinstate provided in paragraph to shall extend to one hour prior 10 the commencement of bidding at a sheriffs sale or other seta pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 29. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment is entered on the Not. or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders ere executed by Bonower and recorded together with this Security Instrument, the covenants and agreements of each such doer shall be incorporated into and shall emend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. )Check applicable box(es)] []Adjustable Rate Rider ®Condomintum Rider 013 Family Rider []Graduated Payment Rider []Planned Unit Development Rider []Biweekly Payment Rider []Balloon Rider []Rate Improvement Rider OSecond Home Rider []Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any rider(s) executed by Borrower and recorded with It. Witnesses„_--, (Seep Lynne A. Hemillon-Borrower ii I IriGAtt VF RESIDENCE I hereby cersly, that the precise address Of the mortgagee, Commerce Ban t/Herrlsburg, National Association, herein is as follows: P.O BOX 8599, 100 Senate Avenue, Camp WII, PA 17001-9599 (? AllvneY aP9en1 In MVlgaeee INDIVIDUAL ACKNOWLEDGMENT STATE OF Pennsylvania ) ) 85 Notarial ',oat Slawy A Foote. Nittary Public COUNTY OF Da Uphi? ) HertlSting. bauphin 7wnty 1149' CI ml siom Expires Jan. 2. 217ali On this, the 17th day of September , ig 97, belong me Stacey A. Pogle undarsignedlNAferyPubllc, personally appeared Lynne A. Hamilton, known to ma (Or satisfactorily proven) to be the parson whose namehe T s svibed )o, the"Rbiiyynssptrument, and acknowledged that he or she exaculed the same for the purposes therein contained. ,r Aht'?Inesshl ddf,rh.munto set my bend end ofgclal ma. 1 / 1/ A N _ / I 1 ? l1 / / Notary Public In and for the State of LASER PRO, Reg. V.S. Pal. A T.M. Oif,. Val. 9.te 21 toot Vic, w..e?..n? Bood407PAGE 935 ALL THAT CERTAIN unit and the property known, named and identified in the declaration referred to below as "Laurel Hills North Condominium I located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq. by the recording in the Office of the Recorder of DEeds of Cumberland County of a Declaration dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, page 661, as amended and restated, being and designated in such Declaration, as amended and restated, as Unit No. E-25, together with a detached garage being and designated in such Declaration as amended and restated as Unit No. E-25-G, which said Unit is more fully described in the Amended and Restated Declaration, dated October 15, 1990, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, page 483, First Amendment to Amended and Restated Declaration, dated September 22, 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscel- laneous Book 455, page 201, Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, page 126, First Amendment of Plats and Plans Site Plan, recorded in the office of the Recorder of Deeds of Cumberland County in Plan Book 61, page 102, and Second Amendment to Plats and Plans Site Plan, dated October 31, 1991, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, page 135, together with proportionate undivided interest in the Common Elements (as defined in said Declaration, as amended and restated) of 2.45%. Grantor reserves the right, in accordance with said Declaration as amended and restated to reduce and reallocate Grantee's proportionate undivided interest in Common Elements as provided in the Declaration as amended and restated. BEING municipally known and numbered as 9-A Tory Circle. BEING the same premises which Laurel Hills Development Corp., by deed dated Sr ?1? / 9999_ and recorded prior hereto, granted and conveyed unto Lynne A. Hamilton. VERIFICATION REBECCA W. SHAIA hereby states that she is V.P. of SUNTRUST MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that 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 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 unswom falsification to authorities. DATE: _?lL? I( Jt L C a., a O v ryj Z l_; 3 C.' n ^a s lJi('. LL, SHERIFF'S RETURN - REGULAR CASE NO: 2002-05182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC ET AL VS HAMILTON LYNNE A VID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LYNNE A DEFENDANT the , at 1738:00 HOURS, on the 4th day of November , 2002 at 1 BOX ELDER COURT ENOLA, PA 17025 by handing to LYNNE A HAMILTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 Sworn and Subscribed to before me this F1-1-- day of `Yl.o? P u_ l.ao 2 A. D. 'P othonotary So Answers: R. Thomas Kline 11/05/2002 FEDERMAN & PHELAN By: ? .? De ty Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563_700p SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION P.O. BOX 26149 RICHMOND, VA 23260 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5182-CIVIL LYNNE A. HAMILTON Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LYNNE A. HAMILTON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service' thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/2/02 to 12/9/02 TOTAL $96,881.78 $2,463.50 $99,345.28 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: 12i (_3- 6 INDICATED. A j4 PRO PROTHY - - --3 tt =j lS, _ FEDERMAN AND P'HELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 191C13-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff vs. LYNNE A. HAMILTON Defendant(s) TO: LYNNE A. HAMILTON 1 BOX ELDER COURT ENOLA, PA 17025 DATE OF NOTICE: NOVEMBER 26 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-5182-CIVIL Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151563-7000 SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION P.O. BOX 26149 V. Plaintiff, LYNNE A. HAMILTON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5182-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LYNNE A. HAMILTON is over 18 years of age and resides at , 1 BOX ELDER COURT, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK F DERMAN, ESQUIRE Attorney for Plaintiff r t-? C L S J r Y a<N A V 1 c Cs. _ 1J CSC PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, V. No. 02-5182-CIVIL LYNNE A. HAMILTON Defendant(s). TO THE DIRECTOR. OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,345.28 ? Interest from 12/10/02 to 6/11/03 $3,004.72 and Costs (per diem -$16.33) TOTAL $102,350.00 RANK FEIER.MAN, ESQUIRE ne Penn Ce er at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. Q °Q do z 0 ?> z? a wo a 0-4 w o C7 U ° a OF QW F" o 00 a? Q a hu °a z o° 9 9z ?z F z a w o OQ a U kn N O r ~ Q O.i w F o x a ? w A ? o o ?. b b w ; ALL THAT CERTAIN unit and the property known, named and identified in the declaration referred to below as "Laurel Hills North Condominium I", located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq. by the recording in the Office of the Recorder of DEeds of Cumberland County of a Declaration dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, page 661, as amended and restated, being and designated in such Declaration, as amended and restated, as Unit No. E-25, together with a detached garage being and designated in such Declaration as amended and restated as Unit No. E-25-G, which said Unit is more fully described in the Amended and Restated Declaration, dated October 15, 1990, recorded in the office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, page 483, First Amendment to Amended and Restated Declaration, dated September 22, 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscel- laneous Book 455, page 201, Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, page 126, First Amendment of Plats and Plans Site Plan, recorded in the office of the Recorder of Deeds of Cumberland County in Plan Book 61, page 102, and Second Amendment to Plats and Plans Site Plan, dated October 31, 1991, recorded in the office of the Recorder of Deeds of Cumberland County,in Plan Book 66, page 135, together with proportionate undivided interest in the Common =---:. Elements (as defined in said Declaration, as amended and restated) of 2.45°x. Grantor reserves the right, in accordance with said Declaration as amended and restated to reduce and reallocate Grantee's proportionate undivided interest in Common Elements as provided in the Declaration as amended and restated. BEING 9A TROY CIRCLE, ENOLA, PA 17025. TAX PARCEL # 09-14-0835-082, U25 TITLE TO SAID PREMISES IS VESTED IN LYNNE A. HAMILTON, SINGLE WOMAN BY DEED FROM LAUREL HILLS DEVELOPMENT CORP., A PENNSYLVANIA CORPORATION DATED 9/5/1997, RECORDED 9/30/1997, IN DEED BOOK 165, PAGE 308. Fns 9,-). o ? FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, V. LYNNE A. HAMILTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5182-CIVIL CERTIFICATION FRANK FEDERMAN, 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: Q 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. 1 RANK FE ERMAN, ESQUIRE Attorney for laintiff ATTORNEY FOR PLAINTIFF ._ _, --a .???;: ?? _? .. ? (n f _1 .._ ?... -?' . !' ._ ?? i ?? i ? ? ??{ SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, v. LYNNE A. HAMILTON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5182-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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,9A TROY CIRCLE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name LYNNE A. HAMILTON Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 BOX ELDER COURT ENOLA, PA 17025 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) IRWIN UNION BANK 500 WASHINGTON STREET AND TRUST COMPANY COLUMBUS, IN 47201 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) LAUREL HILLS NORTH, INC. 220 TROY CIRCLE ENOLA, PA 17025 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 9A TROY CIRCLE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. December 3, 2002 QA AAA (A A DATE FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff ?y __ f'..) ,'; ?_, i ? i ., _i r? ''.' ?1 ?JI SUNTRUST MORTGAGE, INC. F/K/A CRESTAR CUMBERLAND COUNTY MORTGAGE CORPORATION Plaintiff, No. 02-5182-CIVIL V. LYNNE A. HAMILTON Defendant(s). December 3, 2002 TO: LYNNE A. HAMILTON 1 BOX ELDER COURT ENOLA, PA 17025 "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 OFALIEN AGAINST PROPERTY." Your house (real estate) at 9A TROY CIRCLE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,345.28 obtained by SUNTRUST MORTGAGE INC. F/K/A CRESTAR MORTGAGE 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN unit and the property known, named and identified in the declaration referred to below as "Laurel Hills North Condominium I", located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et seq. by the recording in the office of the Recorder of DEeds of Cumberland County of a Declaration dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, page 661, as amended and restated, being and designated in such Declaration, as amended and restated, as Unit No. E-25, together with a detached garage being and designated in such Declaration as amended and restated as Unit No. E-25-G, which said Unit is more fully described in the Amended and Restated Declaration, dated October 15, 1990, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 388, page 483, First Amendment to Amended and Restated Declaration, dated September 22, 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscel- laneous Book 455, page 201, Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, page 126, First Amendment of Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan. Book 61, page 102, and Second Amendment to Plats and Plans Site Plan, dated October 31, 1991, recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 66, page 135, together with proportionate undivided interest in the Common Elements (as defined in said Declaration, as amended and restated) of 2.45%. Grantor reserves the right, in accordance with said Declaration as amended and restated to reduce and reallocate Grantee's proportionate undivided interest in Common Elements as provided in the Declaration as amended and restated. BEING 9A TROY CIRCLE, ENOLA, PA 17025. TAX PARCEL # 09-14-0835-082, U25 TITLE TO SAID PREMISES IS VESTED IN LYNNE A. HAMILTON, SINGLE WOMAN BY DEED FROM LAUREL HILLS DEVELOPMENT CORP., A PENNSYLVANIA CORPORATION DATED 9/5/1997, RECORDED 9/30/1997, IN DEED BOOK 165, PAGE 308. c.._ r,; c-? ?;? ,? - :-? l . _i '_ ;,? c? ^.? ; ?'.; ,. :? ?;r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5182 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., f/Wa CRESTAR MORTGAGE CORP. Plaintiff (s) From LYNN A. HAMILTON, 1 BOX ELDER COURT, ENOLA PA 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 9A TROY CIRCLE, ENOLA PA 17025 (SEE ATTACHED 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 $99,345.28 16 Interest 12%1 /02 TO 6/11/03 @ $16.33 per diem Any's Comm % Atty Paid $126.00 Plaintiff Paid Date: DECEMBER 13, 2002 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. L.L. $.50 $3,004.72 Due Prothy $1.00 Other Costs CURTIS R. LONG ho tary Pro' BY: !L Deputy Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 HILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: UNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION VS. LYNNE A. HAMILTON ) CIVIL DIVISION 1 NO. 02-5182 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for UNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION hereby verify that on 4/16/03 & 4/22/03 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 FRANK FERMAN, ESQUIRE Attorney for Plaintiff ° O ? r tr ? W N p 0° ?1 O? LA 1? W N '-' ( D ? a ?o D 6 Z C Q 1 A° r r ? e z „ C17 0 a b .? ? r °z ° C) c cn 4 r z x a ? s 0 m a A C7 o? N y C) 0 d O b O O z C7 y = g a C LOD a a o ss ZE ? y ?? w m gg J o z n ?3.o•? o N? ° C (? '+O O ' pH p"p' O ? ? S O m ? r1 ° o• a - R H ? ? ? ?y ?. tr 4 Nc v 12 5- F Q o tai ° c ? ? a o'm o ? ? CSI E g 1410 t(I o n i l 8 ? $ 0 0 0 K r P N oy.JLEDFROfi/Zlpi . 90 ;O DE o??z o a ? ? a v ? ? O b ?;, of a;,? O 0 00 ? .r .r ?a a ? f?D d ? O C 0 C C/? ?b q a. r9' ?r Ft o 0 E ; r . ft z N .P - W - N p ?D OD J O\ Cn .P W N ? dry co za a ?cp o ` nwty e+r,n p p z -2 ;z =z3 wof ee ob < na a '' QJ e w ?° °_ yy 'd O t" w Y m h ?n ?o ?47 o a b = z Q Oo = CL y ? ' w ? = _ ?Z b o y O ? ? E) H " h cry a ro p E0 H O CD O 00 <i _ b C _. F .. 4 M1y 4 '00,eo' P(EN EY Bpyy ES yn 02 IA g $ 01 0 0004300377 80 MAILED FROM ZIP CODE 1 9 10? G C z yam v?aB ? A ? .? a 11 x°z Z z r xz Y a? r+ "b ~a W 46 W y C=J O O y? z b L rnI -? - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 11th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 13th day of Dec, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5182, at the suit of Suntrust Mtg Inc against Lynne A Hamilton is duly recorded in Sheriff's Deed Book No. 257, Page 4766. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of pt? Q A.D. 2003 R corde of Deeds Recorder of 06K%, Qimbe to w Counntyy,? wome, PA My Commmion E4*n the Fuel Mwft of JM 2006 Suntrust Mortgage, Inc. f/k/a hi The Court of Common Pleas of Crestar Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2002-5182 Civil Term Lynne A. Hamilton Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 12„ 2003 at 3:40 o'clock PM, 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: Lynne A. Hamilton, by making known unto Lynne Hamilton, personally, at 1 Box Elder Court, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2003 at 3:38 o'clock p.m. she posted a true and correct copy of the original Real Estate Writ, Notice of Sale, Poster and Description upon the property owned by Lynn A. Hamilton located at 9 A Troy Circle, Enola, PA 17025 according to law. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 6, 2003 at 8:38 o'clock PM, he served a true copy of the within Real Estate Writ, Amended Notice of Sale, and Amended Description, in the above entitled action, upon the within named defendant, to wit: Lynne A. Hamilton, by making known unto Lynne Hamilton, personally, at 1 Box Elder Court, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2003 at 2:22 o'clock p.m. he posted a true and correct copy of the original Real Estate Writ, Amended Notice of Sale, Amended Poster and Amended Description upon the property owned by Lynn A. Hamilton located at 9 A Troy Circle n/k/a 910 Sterling Court, Enola, PA 17025 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a copy of the original Real Estate Writ, Notice of Sale, Poster, and Description upon the within named defendant, Lynne A. Hamilton, in the following manner: The Sheriff mailed a copy of the pendency of the action by regular mail to her last known address of 9A troy Circle n/k/a 910 Sterling Court, Enola, PA 17025. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriffs Office. 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 at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1006.93. Sheriffs Costs: Docketing $30.00 Poundage 19.74 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 41.40 Certified Mail Levy 15.00 Surcharge 20.00 Law Journal 381.65 Patriot News 337.90 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1006.93 Sworn and subscribed to before me So Answers: This 9- day of (4f, ?d/7p n/ R. Thomas Kline, Sheriff 2003, A.D. re n Prothonotary BY Real Estate tkpputy 3n 3(.d 14 1 /39P/'/? Real Estate Sale # 21 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 9A Troy Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 By: JmLqvY? Real Estate Deputy 0 " Gig THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION "I... . ..... ...................... cr' his?th day o -May A.D. SALE #21 ,S L. , Notary Publi ? .?.? COPY iiig REAL ESTATE SALE No. 21 city of Dauphin County Writ No. 2002-5182 pires June 6, 2006 NC TARY PUBLIC Civil Term member, Pennsylvania Association Ctf Notariey commission expires June 6, 2006 Suntrust Mortgage, Inc. Crestar Mortgage f/k/a Corporation CUMBERLAND COUNTY SHERIF=FS OFFICE Lynne A. Hamilton CUMBERLAND COUNTY COURTHOUSE Atty: Frank Federman DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN unit and the property known, named and identified in the declaration referred to below as "Laurel Hills North Statement of Advertising (',osts Condominium p', located in East Pennsboro Township, Cumberland County, Pennsylvania, To THE PATRIOT-NEWS CO., Dr. which has heretofore been submitted to the For publishing the notice or publication attached provisions of the Pennsylvania Uniform 336.15 Condominium Act, 68 Pa. C.S.A. Section 31ol, et hereto on the above stated dates $ seq. by the recording in the Office of the Recorder Probating same Notary Fee(s) $ 1 .75 of Deeds of Cumberland County of a Declaration Total $ 337.90 dated April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362, page 661, as amended and restated, being and designated in such publisher's Receipt for Advertising Cost Declaration, as amended and restated, as Unit No. The Patriot News Co., publisher of The Patriot-News and The Sunday Patri)t-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... E-A WPther with a detached geragt beim and **Wiid m such Deckatioe as arnen" and MOMW as Unit No. &25-G, wtiich said Unit is mole fully desefflW in the Ameaded and =19,d Declaration, dated October 15, 1990, recorded in the Office of the Recorder of the Recorder of Deeds of Cumberland County in Miscellitieous Book 388, page 483, First Amendment to Amended and Restated Declaration, dated September 22, 1993, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 455, page 201, Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, page 126, First Amendment of Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan. Book 61, page 102, and Second Amendment to Plats and Plans Site Plan, dated October 31, k1991, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, page 135, together ^.vith proportionate undivided interest in the Common Elements (as defined in said Declaration, as,amended and restated) of 2.45%x. Grantor- reserves the right, in accordance with said Declarations amended and restated-to reduce and reallocate Grantee's proportionate. undivided interest in Common Elements as, provided in the Declaration as amended and restated. BEING 910 Sterling Court a/k/a 9A Troy Circle, Enola, PA 17025. TAX PARCEL #09-14-0835-082, U25. TITLE TO SAID PREMISES is vested in Lynne A. Hamilton, single woman, by deed from Laurel Hills Development Corp., a Pennsylvania Corporation dated 9/5/1997, recorded 9/30/1997, in Deed Book 165, Page 308. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2„ 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 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. REAL E"ATE BALE NO. 21 Writ No. 2002-5182 Civil "? / Suntrust Mortgage, Inc., f/k/a r Y Crestar Mortgage Corporation ?----- vs. Lynne A. Hamilton a arie Coyne di tor Atty.: Frank Federman ALL THAT CERTAIN unit and the SWORN TO AND SUBSCRIBED b property known, named and identi- fied in the declaration referred to efore me this 9 day of MAY, 2003 below as "Laurel Hills North Condo- minium I", located in East Pennsboro Township, Cumberland County, Penn- sylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium NtTAP Act, 68 Pa. C.S.A. Section 3101, et S LOSS E seq. by the recording in the Office of the Recorder of Deeds of Cum- . 1m, C c Cable h 5 2M berland County of a Declaration dat- , QO'iadsWofl E*= MaM C ed April 4, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellane- ous Book 362, page 661, as amended and restated, being and designated in such Declaration, as amended and restated, as Unit No. E-25, together with a detached garage being and designated in such Declaration as amended and restated as Unit No. E-25-G, which said Unit is more fully described in the Amended and Re- stated Declaration, dated October 15, 1990, recorded in the Office of the Recorder of Deeds of Cumber- land County in Miscellaneous Book 388, page 483, First Amendment to Amended and Restated Declara- tion, dated September 22, 1993, re- corded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 455, page 201, Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 57, page 126, First Amendment of Plats and Plans Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 61, page 102, and Second Amendment to Plats and Plans Site Plan, dated October 31, 1991, re- corded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 66, page 135, together v,dth proportionate undivided interest in the Common Elements (as defined in said Declaration, as amended and restated) of 2.45%. Granter reserves the right, in accordance with said Declaration as amended and restat- ed to reduce and reallocate Grant- ee's proportionate undivided interest in Common Elements as provided in the Declaration as amended and restated. BEING 910 STERLING COURT, ENOLA. PA. 17025, a/k/a 9A TROY CIRCLE, ENOLA, PA 17025. TAX PARCEL #09-14-0835-082, U25. TITLE TO SAID PREMISES IS VESTED IN Lynne A. Hamilton, sin- gle woman by deed from Laurel Hills Development Corp., a Pennsylvania Corporation dated 9/5/1997, re- corded 9/30/1997, in Deed Book 165. Page 308.