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Home My WebLink About07-1056 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 115102 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 Plaintiff V. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q1 -l69,? Of 'ci ? 6-7E-et CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 115102 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 115102 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 115102 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 115102 1. Plaintiff is SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described 3. On 04/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1448, Page: 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 574, Page 678. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 115102 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 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 $113,096.33 Interest $3,674.87 09/01/2006 through 02/26/2007 (Per Diem $20.53) Attorney's Fees $1,325.00 Cumulative Late Charges $196.65 04/17/1998 to 02/26/2007 Cost of Suit and Title Search $750.00 Subtotal $119,042.85 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $119,042.85 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 115102 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 115102 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,042.85, together with interest from 02/26/2007 at the rate of $20.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s /Francis S. Hall inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 115102 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE WESTERN LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, SOUTH I 1 DEGREES 35 MINUTES 55 SECONDS EAST, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, SOUTH 80 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OR ELMER R. REED; THENCE ALONG THE LATTER, NORTH 11 DEGREES 33 MINUTES 58 SECONDS WEST, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, NORTH 82 DEGREES 20 MINUTES 02 SECONDS EAST, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. File #: 115102 CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R. S., DATED DECEMBER 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. KINER TAX ID# 22-25-0047-014 BORROWER: KOHUT PROPERTY BEING: 1363 KINER BOULEVARD File #: 115102 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINITIFF 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?'f ke& " FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 7., - [ i r}? rn 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 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE PO BOX 27767 RICHMOND, VA 23261-7767 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 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 ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT and JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT, 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 2/27/07 to 4/24/07 TOTAL $119,042.85 $1,170.21 $120,213.06 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. a p d. ? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ???:? Sl oZDt?'f /'7z L t UX?-r / PRO PROT 115102 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schrn g, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC., F/K/A : COURT OF COMMON PLEAS CRESTAR MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT W. KOHUT : NO. 2007-01056 A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING " A/K/A JANICE MARIE KOHUT k L , Defendants F a TO: JANICE M. KUNKI.E A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 DATE OF NOTICE: APRIL 10, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 j 5, lFRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff Vs. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY NO. 2007-01056 TO: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT FILE COPY 1363 KINER BOULEVARD CARLISLE, PA 17013 DATE OF NOTICE:. APRIL 10, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE PO BOX 27767 Plaintiff, V. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT is over 18 years of age and resides at, 1363 KINER BOULEVARD, CARLISLE, PA 17013. (c) that defendant JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT is over 18 years of age, and resides at, 400 INDEPENDENCE COURT, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. M IQ i d ? CLA:" DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 70 qi a ? 1 0 U 4 R? rn co (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE PO BOX 27767 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: LIZ If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 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 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, V. ROBERT W.KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). No. 07-1056 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $120,213.06 Interest from 4/24/07 to SEPTEMBER 5, 2007 $2,647.84 (per diem -$19.76) Add'l cost $ 2,138.50 TOTAL $124,999.40 A6j)UjYA'4 - 0 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 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. 115102 d OZ ?0 ?v, o? UO ?Q 06 .. ? v W " V H O? ?O O 'A ? U ?1 W ?V U .? U x xW O UA? ?H H O ~' ?W W U r? O d r P? M O v a s W V a, s ? Cp av w z 3 ? pA Q ? O eC• r+ '? N ? U P+ Z, ti y r ? V 3, 6 V ' . ^V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1056 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION, Plaintiff (s) From ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT AND JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $120,213.06 L.L. $.50 Interest FROM 4/24/07 TO 9/5/07 (PER DIEM - $19.76) - $2,647.84 Atty's Comm % Due Prothy $2.00 Atty Paid $197.36 Other Costs Plaintiff Paid Date: MAY 3, 2007 (Seal) e44? R. Long, Pro of By: 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 Deputy Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. 564 (Kiner Boulevard), on the western line of a private right-of-way; thence along the latter, South 11 degrees 35 minutes 55 seconds East, a distance of 590.33 feet; to an iron pin on the line of land now or formerly of Dennis B. Gotthard; thence along the latter, South 80 degrees 10 minutes 00 seconds west, a distance of 180.00 feet to an iron pin on the line of land now or formerly or Elmer R. Reed; thence along the latter, North 11 degrees 33 minutes 58 seconds West, a distance of 597.13 feet to a nail in the centerline of said township road; thence along the latter, North 82 degrees 20 minutes 02 seconds East, a distance of 180.00 feet to a nail, the place of BEGINNING. CONTAINING 2.4500 acres and being described according to a survey for Lester E. Smith, et ux, in Eugene A. Hockensmith, R. S., dated December 8, 1978. HAVING THEREON ERECTED a dwelling house and barn with an address of 1363 Kiner Boulevard, Carlisle, PA TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joint tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, husband and wife, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO. 22-25-0047-014 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 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION V. Plaintiff, ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. zl DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ra ?= ? ? X --r? + ? ? ^ ..+ r?' ? i y , ? j CY ..--? • ?. "? .?+J SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, v. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM 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, 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,1363 KINER BOULEVARD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 400 INDEPENDENCE COURT MECHANICSBURG, PA 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) FRANKLIN CREDIT MANAGEMENT CORPORATION 101 HUDSON STREET, 25TH FLOOR JERSEY CITY, NJ 07302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1363 KINER BOULEVARD CARLISLE, PA 17013 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 unworn falsification to authorities. April 24, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff `y' t? ?` v- ? r,1(-. .? ?r?V ? ? ? ??Z ?? 3 - s 1 Y"; r }"1-1 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 07-1056 CIVIL TERM ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). April 24, 2007 TO: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 400 INDEPENDENCE COURT 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1363 KINER BOULEVARD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,213.06 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. 564 (Kiner Boulevard), on the western line of a private right-of-way; thence along the latter, South 11 degrees 35 minutes 55 seconds East, a distance of 590.33 feet; to an iron pin on the line of land now or formerly of Dennis B. Gotthard; thence along the latter, South 80 degrees 10 minutes 00 seconds west, a distance of 180.00 feet to an iron pin on the line of land now or formerly or Elmer R. Reed; thence along the latter, North 11 degrees 33 minutes 58 seconds West, a distance of 597.13 feet to a nail in the centerline of said township road; thence along the latter, North 82 degrees 20 minutes 02 seconds East, a distance of 180.00 feet to a nail, the place of BEGINNING. CONTAINING 2.4500 acres and being described according to a survey for Lester E. Smith, et ux, in Eugene A. Hockensmith, R. S., dated December 8, 1978. HAVING THEREON ERECTED a dwelling house and barn with an address of 1363 Kiner Boulevard, Carlisle, PA TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joint tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, husband and wife, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO, 22-25-0047-014 ? p . W ey l'(. y r t'.. i Mr- r SHERIFF'S RETURN - NOT FOUND CT%SE NO: 2007-01056 P E COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUNKLE JANICE M AKA JANICE GUTTING AKA JANICE MARIE KOHUT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , KUNKLE JANICE M AKA JANICE GUTTING AKA JANICE MARIE KOHUT, 1363 KINER BOULEVARD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 yooq PHELAN HALLINAN SCHMIEG NA'D 03/20/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND C&SE NO: 2007-01056 P A COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KOHUT ROBERT W AKA ROBERT WADE KOHUT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , KOHUT ROBERT W AKA ROBERT WADE KOHUT , 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 Service 9.60 Not Found 5.00 R. Tho s Kline Surcharge 10.00 Sheriff of Cumberland County .00 30.60wwo?-? PHELAN HALLINAN SCHMIEG ?' `p1 03/20/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01056 P I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUNKLE JANICE M AKA JANICE GUTTING AKA JANICE MARIE KOHUT DEFENDANT , at 2040:00 HOURS, on the 8th day of March at 400 INDEPENDENCE COURT the 2007 MECHANICSBURG, PA 17050 JANICE KOHUT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 03/20/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to 3 By: before me this day Depu S eriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01056 P • COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOHUT ROBERT W AKA ROBERT WADE KOHUT the DEFENDANT at 1650:00 HOURS, on the 19th day of March , 2007 at 1363 KINER BOULEVARD CARLISLE, PA 17013 by handing to ROBERT W KOHUT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.76 Affidavit .00 j Tom' Surcharge 10.00 R. Thomas Kline .00 33.76## 03/20/2007 V-DI PHELAN HALLINAN SCHMIEG 30, Sworn and Subscibed to By' before me this day Deputy Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 115102 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 Plaintiff V. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O^t - 16sL (2t?u'. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE -RUE ?-is"OR® to set aw ka, the sew , ;an=, FA File #: 115102 ? asabY CPT* t119 and ? alt a? ? the r,. copy 0$ rec NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 115102 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 115102 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 115102 Plaintiff is SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1448, Page: 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 574, Page 678. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 115102 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $113,096.33 Interest $3,674.87 09/01/2006 through 02/26/2007 (Per Diem $20.53) Attorney's Fees $1,325.00 Cumulative Late Charges $196.65 04/17/1998 to 02/26/2007 Cost of Suit and Title Search 750.00 Subtotal $119,042.85 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $119,042.85 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 115102 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 115102 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,042.85, together with interest from 02/26/2007 at the rate of $20.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP inan By: /s/Francis S. Hall LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 115102 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE WESTERN LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, SOUTH 11 DEGREES 35 MINUTES 55 SECONDS EAST, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, SOUTH 80 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OR ELMER R. REED; THENCE ALONG THE LATTER, NORTH 11 DEGREES 33 MINUTES 58 SECONDS WEST, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, NORTH 82 DEGREES 20 MINUTES 02 SECONDS EAST, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. File #: 115102 CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R. S., DATED DECEMBER 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. KINER TAX ID# 22-25-0047-014 BORROWER:KOHUT PROPERTY BEING: 1363 KINER BOULEVARD File #: 115102 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?' f k&, " FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: `?, 'i cj L? l t?? v PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 115102 ATTORNEY FOR PLAINTIFF SUNTRUST MORTGAGE, INC., F/K/A COURT OF COMMON PLEAS CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE CIVIL DIVISION P.O. BOX 27767 RICHMOND, VA 23261-7767 TERM Plaintiff NO. (2L V I, V. CUMBERLAND COUNTY ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE "a myh? i the leap ;arusle, Ps v clp?. 7. ??+s Cp-r`y t60 ? to be a true and withi" t® Y of t, e ?? 0t rpc. wed File #: 115102 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 115102 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 115102 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 115102 I. Plaintiff is SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1448, Page: 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 574, Page 678. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #i: 115102 5 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $113,096.33 Interest $3,674.87 09/01/2006 through 02/26/2007 (Per Diem $20.53) Attorney's Fees $1,325.00 Cumulative Late Charges $196.65 04/17/1998 to 02/26/2007 Cost of Suit and Title Search 750.00 Subtotal $119,042.85 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $119,042.85 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 115102 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 115102 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,042.85, together with interest from 02/26/2007 at the rate of $20.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hall inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 115102 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE WESTERN LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, SOUTH 11 DEGREES 35 MINUTES 55 SECONDS EAST, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, SOUTH 80 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OR ELMER R. REED; THENCE ALONG THE LATTER, NORTH 11 DEGREES 33 MINUTES 58 SECONDS WEST, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, NORTH 82 DEGREES 20 MINUTES 02 SECONDS EAST, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. File #: 115102 CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R. S., DATED DECEMBER 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. KINER TAX ID# 22-25-0047-014 BORROWER: KOHUT PROPERTY BEING: 1363 KINER BOULEVARD File #: 115102 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?'f ka"- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ( d- vy}N? Y?wt i? , 0 r C L , L L; L r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff vs. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-1056 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 27, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on April 25, 2007 in the amount of $120,213.06. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $113,096.33 Interest Through 09/05/07 7,574.79 Per Diem $20.53 Late Charges 361.41 Legal fees 1,675.00 Cost of Suit and Title 1,086.00 Sheriffs Sale Costs 0.00 Property Inspections 83.70 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 141.51 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 908.07 TOTAL $124,926.81 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 13, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: ql 191 U Phelan Hallinan & hmieg, LLP By: Michele M. Brad r , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff vs. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 07-1056 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1363 Kiner Boulevard, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. . In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg_enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: :?74 19 1 n a i & chmieg, LLP By: Tichelee M. r ford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1 400 PHILADELPHIA, PA 19103 215) 563-7000 115102 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 c f ri 1 ' (TI r _ cc _ m -^ -T.7 m , 17: iP- X ., K w C /7 'C ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 01 f ds'? ?lu t CUMBERLAND COUNTY ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE the 1 File q: 1151ATTORNEY FILE COPY PLEAS ETUR( 3! Y NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES. TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Reg: 115102 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File H: 115102 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 115102 1. Plaintiff is SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23261-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/1998 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MEMBERS I ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1448, Page: 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assigmnent Of Mortgage Book No. 574, Page 678. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 115102 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $113,096.33 Interest $3,674.87 09/01/2006 through 02/26/2007 (Per Diem $20.53) Attorney's Fees $1,325.00 Cumulative Late Charges $196.65 04/17/1998 to 02/26/2007 Cost of Suit and Title Search 750.00 Subtotal $119,042.85 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $119,042.85 7. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 115102 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act b of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File k 115102 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,042.85, together with interest from 02/26/2007 at the rate of $20.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis $. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 115102 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE WESTERN LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, SOUTH 11 DEGREES 35 MINUTES 55 SECONDS EAST, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, SOUTH 80 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OR ELMER R. REED; THENCE ALONG THE LATTER, NORTH I I DEGREES 33 MINUTES 58 SECONDS WEST, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, NORTH 82 DEGREES 20 MINUTES 02 SECONDS EAST, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. File N: 115102 CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R. S., DATED DECEMBER 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. KINER TAX ID# 22-25-0047-014 BORROWER: KOHUT PROPERTY BEING: 1363 KINER BOULEVARD File #: 115102 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P.1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unswor7n falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ._d' DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. r ` $y: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUM 1400 PHILADELPHIA, PA 19103-1814 (215) $63-7004 SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE PO BOX 27767 RICHMOND, VA 23261-7767 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1056 CIVIL TERM ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE : A/K/A JANICE GUTTING --J A/K/A JANICE MARIE KOHUT ri aY : $ ; r s n? ?r -a m 1363 KINER BOULEVARD LASE -aFn z r-0 CARLISLE, PA 17013 -< -_ cn Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T(g C) z C: Q ANSWER AND ASSESSMENT OF DAMAGES W co TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT and JANICE M. KUNKLE A/KIA JANICE GUTTING A/K/A JANICE MARIE KOHUT. 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 2/27107 to 4/24/07 TOTAL $119,042.85 $1,170.21 $120,213.06 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. ATTORN' Y ;;_E COPY DANIEL G. SCHMIEG, ESQUIRE 'L EHS E FIETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 115102 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 13, 2007 Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 400 Independence Court Mechanicsburg, PA 17050 RE: Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation vs. Robert W. Kohut A/K/A Robert Ward Kohut and Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Premises Address: 1363 Kiner Boulevard, Carlisle, PA 17013 Cumberland County CCP, No. 07-1056 Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, July 18, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V y you , ` Michele M. Brad or , Esquire 0 For Phelan Hallinan & Schmieg, LLP Enclosure v, a w .. ?- w o cn u m? m A° nz 6 bpi N h O '? mo 0 x^ z m 0 s N 0 ? `p G my -_? R x CE C 7 ° O O 7 A I $g."sum . ?Rm o- d M ?j O (1 d e ° s? 0 0 ? ? 0 0 o?'N3 03 z c V V '? z O Q N N ei W _ b r • '"'S b t" O ff, 6 5 A. co O CD ? oo ° ? x CD CAD U1 A p (? 9 Y (4 o 0 :3 C) a' r+ °? O• V) d 0 o w o O g t3 =1 y '•e Q. Cs. rp Ci, CD 0 H CD ?' ?• H ` ` H CD 7 ?' h ?yG CD r /r CD CD CD --a > o " I ,?409 P%, i ? ?4` r„ ? ? ?• tJ 02 1M QZ• dfl _ ..' 0004218010 3UL13 2007 MAILED FROM ZIPCODE 19103 "17 co co VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: JtG[?q Phelan Hallinan & Schmieg, LLP By Mic nMbra2[dfo?d, Esquire Attorney for Plaintiff " er PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 07-1056 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 1363 Kiner Boulevard Carlisle, PA 17013 DATE: --j-1 A. ?oq Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 400 Independence Court Mechanicsburg, PA 17050 Phelan Hallinan & Sc e , LLP y: M chele M. 4Bradf ,Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire July 13, 2007 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation vs. Robert W. Kohut A/K/A Robert Ward Kohut and Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Cumberland County CCP, No. 07-1056 Civil Term Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Ve truly yoadfd l Mi el M. quire For Phelan Hallinan & Schmieg, LLP Enclosure cc: Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut " JUL 842001 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants RULE Court of Common Pleas : Civil Division : Cumberland County : No. 07-1056 Civil Term AND NOW, this 1 & ` day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 2-0 ? 41 ? jt"„", Rule Returnable oche daYef 2007, at in the mai-*t- oom ia. M' ele M. Bradford, Esquire helan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a),fedphe.com Zrt W. Kohut AJKJA Robert Ward Kohut Janice M. Kunkle AJKJA Janice Gutting AJKJA Janice Marie Kohut 1363 Kiner Boulevard Carlisle, PA 17013 Robert W. Kohut AJKJA Robert Ward Kohut Janice M. Kunkle AJKJA Janice Gutting AJKJA Janice Marie Kohut 400 Independence Court J Mechanicsburg, PA 17050 ?S\Y`" 115102 I?j 9Z LUZ AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION DEFENDANT(S) ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT SERVE: JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 SERVED Served and made known to V a VL(C12 f 1 I a fly p V U.'1 Defendant, on the ,200-1, at -7: o'clock ?-.m., at 4cb rt n1opeA e+ C4? C-Ot 4 , Mec?4av,,«Sbv, b Commonwealth of Pennsylvania, in the manner described below: V/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4o Height 53 e# Weight P Race YV Sex Other I, R M#tb Mo W , 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. On the day of 7'6144 EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: T_ Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 Vacant 2nd Attempt: Time: CUMBERLAND COUNTY No. 07-1056 CIVIL TERM ACCT. #115102 Type of Action - Notice of Sheriff's Sale Sale Date: 9/5/07 901 A day of "y State o: i? ew Jersey PATRICIA E. HARRIS Commission Expires June 16, 2008 G c??- -C1LZ? i't'?C?` c_.. G r.... ?? ? ?_ ? ?? ,w ? ?. .... "t7 ?? G ? ?? N W AFFIDAVIT OF SERVICE PLA 4TIFF SUNTRUST MORTGAGE, INC., F/KIA CRESTAR MORTGAGE CORPORATION DEFENDANT(S) ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT SERVE: ROBERT W. KOHUT AIWA ROBERT WARD KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 07-1056 CIVIL TERM ACCT. #116102 Type of Action - Notice of Sheriffs Sale Sale Date: 9/5/07 Served and made known to ?0-r 1 w 1?O?1 Defendant, on the day of 2001, 164 at ;3 , o'clock .m., at 13 3 ??n. ur ?0k 12?rc? t Ca l S?? Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: _ 7 Race Vi Sex ?• . Other Description: Age A Height Sr?1 Weight t"? I, f'?6Q/11/p MOU- , 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. w t ands scrihed be hi ay of , 2007 Notary: "By: P S RVI EAST 3 TIMES. INDICATE DATES & TIMES F SERVICE ATTEMPTED. to ct ;yew Jersey PATRiCIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 0 Attempt: Time: 2nd Attempt: i I Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of )200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ra t-- J. _' 7' r. ? ? W .rw _1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., F/K/A CRESTAR CUMBERLAND COUNTY MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT NO. 07-1056 CIVIL TERM JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1361 KINER 1101 1i.F.VARD_ C'ARI.ISLF,PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: huffy 30, 007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it may not he cold in the ahcence of n representative of the plaintiff a the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 115102 a w y all M y , so Ls l 30034 iz W0NA 031lVW a caoz LolkyA otostznooo AIM v h ?C ? a g 03 t a cao t Z O a Pm O E~ U O ?Z?~' I x J, L ? S ,? d Z o, o N x3. i o ? V PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie : No. Kohut Civil Term Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule dated July 26, 2007 was sent to the following individual on the date indicated below. Robert W. Kohut Janice M. Kunkle 1363 Kiner Boulevard Carlisle, PA 17013 DATE: gl z 101 Robert W. Kohut Janice M. Kunkle 400 Independence Court Mechanicsburg, PA 17050 M g, LLP By: _. 7Esqui , re At torney for Plaintiff D Q 55 3 '? l,.Y 1'7a .T_ 7 s Z O ?? Z'J ro PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-1056 Civil Term MOTION TO MAKE RULE ABSOLUTE Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 23, 2007. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 2, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. ?j a3 0-)- Date PHELAN HALLINAN & SCHMIEG, LLP Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 07-1056 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 23, 2007. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 2, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. aN nl__ Date SCHMIEG, LLP for the Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff vs. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 07-1056 Civil Term RULE AND NOW, this day o 2007, a Rule is entered upon the Defendants to show cause why an Order should not be ntered granting Plaintiffs Motion to Reassess Damages. ZA Rule Returnable aF-e k se.RV i C(S 11 BY TH OURT 4Lj J. Michele M. Bradford, Esquire Robert W. Kohut A/K/A Robert Ward Kohut Phelan Hallinan & Schmieg, LLP Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 1617 JFK Boulevard, Suite 1400 1363 Kiner Boulevard Philadelphia, PA 19103 Carlisle, PA 17013 TEL: (215) 563-7000 FAX: (215) 563-3459 Robert W. Kohut A/K/A Robert Ward Kohut michele.bradforda,fedphe.com Janice M. Kunkle AJK/A Janice Gutting A/K/A Janice Marie Kohut 400 Independence Court Mechanicsburg, PA 17050 115102 Exhibit "B" o O C ° -r7 ...Q L , r, r,- C m : c3 -.a Fq t d a N CT's PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation : Court of Common Pleas Plaintiff VS. : Civil Division : Cumberland County Robert W. Kohut A/K/A Robert Ward Kohut : No. 07-1056 Civil Term Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule dated July 26, 2007 was sent to the following individual on the date indicated below. Robert W. Kohut Robert W. Kohut Janice M. Kunkle Janice M. Kunkle 1363 Kiner Boulevard 400 Independence Court Carlisle, PA 17013 Mechanicsburg, PA 17050 I l a in Sc ieg, LLP DATE: By: ele . B , Esquire Attorney for Plaintiff ??R VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. Date §4904 relatin=heleBradeord) ' f authorities. ECHre- Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. F/K/A Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-1056 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 1363 Kiner Boulevard Carlisle, PA 17013 DATE: I a ? 9 Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut 400 Independence Court Mechanicsburg, PA 17050 Ph tr, B ichele M. Bruire A ttorney for Plaintiff -. C'! - '?? C ?? -r1 ---t ,.. i s i _r. _ ,. „?,> r._. ~+ ?? ?? .- `ta ,s ;,? ^C I ,1 AUG se1mnt#?' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Suntrust Mortgage, Inc. F/K/A Court of Common Pleas Crestar Mortgage Corporation Plaintiff Civil Division vs. Robert W. Kohut A/K/A Robert Ward Kohut Janice M. Kunkle A/K/A Janice Gutting A/K/A Janice Marie Kohut Defendants : Cumberland County : No. 07-1056 Civil Term ORDER AND NOW, this 30' day of XS,..& , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is odered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 09/05/07 Per Diem $20.53 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $113,096.33 7,574.79 361.41 1,675.00 1,086.00 0.00 83.70 0.00 141.51 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 908.07 TOTAL $124,926.81 Plus interest from 09/05/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. COURT: 115102 C4 OE On v tooz 1.3b1C?i:r? r" Suntrust Mortgage, Inc., f/k/a Crestar Mortgage Corporation VS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1056 Civil Term Robert W. Kohut a/k/a Robert Ward Kohut and Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2007 at 1702 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert W. Kohut a/k/a Robert Ward Kohut, by making known unto Robert W. Kohut a/k/a Robert Ward Kohut, personally, at 1363 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2007 at 1748 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut, by making known unto Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut, personally, at 400 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1137 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert W. Kohut a/k/a Robert Ward Kohut and Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut located at 1363 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Robert W. Kohut a/k/a Robert Ward Kohut, by regular mail to his last known address of 1363 Kiner Boulevard, Carlisle, PA 17013. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut, by regular mail to her last known address of 400 Independence Court, Mechanicsburg, PA 17050. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriff s Office. 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. Sheriff's Costs: Docketing $30.00 Poundage 327.47 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 20.16 Levy 15.00 Surcharge 30.00 Law Journal 371.00 Patriot News 356.30 Share of Bills 15.69 $1198.12 So Answers: R. Thomas Kline, Sheriff BYV 0 &LA/Syv&? Real Estate rgeant ,/ C?, gliq It -7 `a (ye L b 6 GIf . IgY17V 4 "n. 406 SUNTRUST MORTGAGE, INC., F/KIA CRESTAR MORTGAGE CORPORATION Plaintiff, V. ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 0-7-1056 CIVIL TERM 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, 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,1363 KINER BOULEVARD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 400 INDEPENDENCE COURT MECHANICSBURG, PA 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 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) FRANKLIN CREDIT MANAGEMENT CORPORATION 101 HUDSON STREET, 25TH FLOOR JERSEY CITY, NJ 07302 5. Name and address of every other person who has any record lien on the property, : Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1363 KINER BOULEVARD CARLISLE, PA 17013 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 unworn falsification to authorities. April 24, 2007 , DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff SUNTRUS!`MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 07-1056 CIVIL TERM ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT Defendant(s). April 24, 2007 TO: ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 1363 KINER BOULEVARD, CARLISLE, PA' 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $120,213.06 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR, PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. 564 (Kiner Boulevard), on the western line of a private right-of-way; thence along the latter, South 11 degrees 35 minutes 55 seconds East, a distance of 590.33 feet; to an iron pin on the line of land now or formerly of Dennis B. Gotthard; thence along the latter, South 80 degrees 10 minutes 00 seconds west, a distance of 180.00 feet to an iron pin on the line of land now or formerly or Elmer R. Reed; thence along the latter, North 11 degrees 33 minutes 58 seconds West, a distance of 597.13 feet to a nail in the centerline of said township road; thence along the latter, North 82 degrees 20 minutes 02 seconds East, a distance of 180.00 feet to a nail, the place of BEGINNING. CONTAINING 2.4500 acres and being described according to a survey for Lester E. Smith, et ux, in Eugene A. Hockensmith, R. S., dated December 8, 1978. HAVING THEREON ERECTED a dwelling house and barn with an address of 1363 Kiner Boulevard, Carlisle, PA TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joint tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, husband and wife, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO. 22-25-0047-014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1056 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., F/K/A CRESTAR MORTGAGE CORPORATION, Plaintiff (s) From ROBERT W. KOHUT A/K/A ROBERT WARD KOHUT AND JANICE M. KUNKLE A/K/A JANICE GUTTING A/K/A JANICE MARIE KOHUT (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 garnshee(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 $120,213.06 L.L. $.50 Interest FROM 4/24/07 TO 9/5/07 (PER DIEM - $19.76) -$2,647.84 Atty's Comm % Due Prothy $2.00 Atty Paid $197.36 Other Costs Plaintiff Paid Date: MAY 3, 2007 R. ong, Pro (Seal) By: 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 # 33 On May 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1363 Diner Boulevard, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2007 By: o ,, SC? `mot Real Estate Sergeant I I :b `d h l ddbd LOOT (' :._ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of PubBeation Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #33 Aooj?? PUBLIC Notarial Seal L. Russell, NdM Public Wnsburg, Dauphm County ysplon Expires June 6, 2010 of Notades CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribed belt PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: July 20, July 27, and August 3, 2007 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. Coyne, TO AND SUBSCRIBED before me this 3 day of August. 2007 Notary NOURIAL SEAL OEBORM A COLLNS N0kXy P L1NC IIRLI8t1: SRO, CMImINAW COUNTY LCC MY CoeM*don &Pk t Apr 26.2010 in" Awsm "M go. = Writ No. 2007-1056 Civil Suntrust Mortgage, Inc., f/k/a Crestar Mortgage Corporation VS. Robert W. Kohut a/k/a Robert Ward Kohut and Janice M. Kunkle a/k/a Janice Gutting a/k/a Janice Marie Kohut Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situ- ate in Monroe Township, Cumber- a: land County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the cen- terline of Township Road No. 564 (Kiner Boulevard), on the western` line of a private right-of-way; thence along the latter, South 11 degrees 35 minutes 55 seconds East, a dis- tance of 590.33 feet; to an iron pin; on the line of land now or formerly' of Qaoais B. Gotthard; thence along #Am* so 10 VANs 66 vess elw, Mae. • *t=" oi?. 116AWfeet to M iron pin on the fteI of Ind now or fauseriy or lid w R. lgssd, ileeetoe sk" ire Utter, Noefts I I depee 33 minutes 36 Meads r ' West, a distance of 597.13 feet to a nail in the centerline of said township 'F road; thence along the latter, North 82 degrees 20 minutes 02 seconds East, a distance of 180.00 feet to a nail, the place of BEGINNING. CONTAINING 2.4500 acres and b being described according to a survey for Lester E. Smith, et ux, in Eugene A. Hockensmith, R. S., dated Decem- ber 8, 1978. HAVING THEREON ERECTED a dig house and barn with an address of 1363 Xiner Boulevard, Carlisle, PA. TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and :Janice M. Kunkle, as joint ten- ants with the right of survivorship, by Wed from Harold S. Davis, Jr. and Linda L. Davis, husband and wife, dated 05/08/1997, recorded 05/ 15/ 1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KI- NER BOULEVARD, CARLISLE, PA 17013. PARCEL NO. 22-25-0047-014. h.6ci o, YJC;,! 0 Y'?WUC)J CINAlf1???'AUO G'?4.? ? c ??+;, . PHEL• AN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc., f/k/a Crestar Mortgage Corporation Plaintiff VS. Robert W. Kohut, a/k/a Robert Ward Kohut Janice M. Kunkle, a/k/a Janice Gutting, A/k/a Janice Marie Kohut Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 07-1056 C. T. Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 3 Francis S. H llinan, Esquire Attorney for Plaintiff PHS# 115102 S 00 ? C era cn ? , O