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HomeMy WebLinkAbout07-5978PHELAN 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 163262 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 V. Plaintiff RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07- b- q8 Civil Team CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163262 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 #: 163262 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 #: 163262 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 #: 163262 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/15/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR MEMBERS 1 IT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1983, Page: 998. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 163262 6. The following amounts are due on the mortgage: Principal Balance $116,807.62 Interest $3,651.20 05/01/2007 through 10/10/2007 (Per Diem $22.40) Attorney's Fees $1,250.00 Cumulative Late Charges $116.76 02/15/2007 to 10/10/2007 Cost of Suit and Title Search $750.00 Subtotal $122,575.58 Escrow Credit $0.00 Deficit $336.62 Subtotal $336.62 TOTAL $122,912.20 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 163262 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. 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 $122,912.20, together with interest from 10/10/2007 at the rate of $22.40 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, L By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163262 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, Pennsylvania 17055. File #: 163262 UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, single woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Page 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL NO: 42-24-0792-009. PROPERTY BEING: 639 CEDAR RIDGE LANE File #: 163262 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of 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 its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ? o0 ? L 0 -Q 0 p.? W D l C') C. r ' L Y ?= r rv C3 v C7 ('7 C :l0 K 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. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Defendant(s). NO. 07-5978 CIVIL TERM 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 RHODY K. ROSS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $122,912.20 Interest from 10/11/07 to 12/08/07 $1,321.60 TOTAL $124,233.80 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. c DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: s O PROTHY 163262 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. 1001 SEMMES AVENUE, P.O. BOX 27767 Plaintiff, v. RHODY K. ROSS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 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 RHODY K. ROSS is over 18 years of age and resides at, 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff O V - [Ii C t M 00 1, s b (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. RHODY K. ROSS Defendant(s). CIVIL DIVISION NO. 07-5978 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on App- 1i 2007. By. 11 1 1-cm Ata 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. Plaintiff, V. RHODY K. ROSS No. 07-5978 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/09/07 TO 06/11/08 (per diem -$20.42) Add'l Costs TOTAL $124,233.80 $3,798.12 and Costs $1,676.50 $129,708.42 C c DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. INII'ORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 163262 o d ? W V aW z W 0a d c? °z a O x 00 a? a o? H H? ?v o u?i ? g W °a O in 0 a C7 a as U z z o U ? F U W w w .? A o? o ? of o A U a w ooa$ J a N N M c? t" y T 7 ?$ co LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, Pennsylvania 17055. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, single woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Page 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-009, CONTROL #: 42000730 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. 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. Plaintiff, V. RHODY K. ROSS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 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: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. T4'V-'_J 'W V)" DANIEL G. SCHMIEG, ESQUI_REk Attorney for Plaintiff ? °e'1 ?}4__ ? ?? ` 5, t? ? i.,' ` , _ ..w' . -'- ll . ? ?^ -'i _ , .? I ,. SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST MORTGAGE, INC., 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,639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 Associates Financial Services Company Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) 248 West Side Mall, Office Building, Edwardsville 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 Associates Financial Services Company Inc. 6 Harrison Street, New York, NY 10013 248 West Side Mall, Office Building, Edwardsville, PA 18704-3117 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 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 Patrice M. Ross Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) C/O Galen R. Waltz, Esq., Turo Law Offices, 28 South Pitt Street, Carlisle, PA 17013 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 unsworn falsification to authorities. t December 8, 2007 Vov-,Al DATE DANIEL G. SCHMIEG, ESQUIRE D*- Attorney for Plaintiff ?'? ?-? -?'? ?? ??-. ?? ? ? ??? ? _ f ` .? t ?. . : 1 irk ^i.. _... ?,.. ?, t"' SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS Defendant(s). CUMBERLAND COUNTY No. 07-5978 CIVIL TERM December 8, 2007 TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 "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 OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,233.80 obtained by SUNTRUST MORTGAGE, INC. (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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-l; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, Pennsylvania 17055. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, single woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Page 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-009, CONTROL #: 42000730 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC, Plaintiff (s) From RHODY K. ROSS (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 $124,233.80 L.L. $.50 Interest from 12/09/07 to 6/11/08 (per diem - $20.42) -- $3,798.12 and Costs Atty's Comm % Atty Paid $160.44 Plaintiff Paid Date: 12/11/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,676.50 Protho otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2007-05978 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS ROSS RHODY K STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ROSS RHODY K the DEFENDANT , at 1720:00 HOURS, on the 31st day of October , 2007 at 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 RHODY K ROSS was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ` 01 Sworn and Subscibed to 18.00 13.44 .00 10.00 .00 41.44 before me this day of , So Answers: R. Thomas Kline 11/01/2007 PHELAN HALLINAN SCHMIEG By. De uty Sheriff A. D. AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) RHODY K. ROSS SERVE RHODY K. ROSS AT 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 07-5978 CIVIL TERM ACCT. #163262 Type of Action - Notice of Sheriffs Sale Sale Date: NNE 11, 2008 SERVED Served and made known to R qDby K , R6! 5s . Defendant, on the d2-$4h day of 2001 , at 4:17 o'clock p.m., at G39 Qew Ri bo Ay e, MaaN r-s sa cr , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgehS Height 6 Weight ZO Race VU Sex M Other I, Do o" 4[ 99O Lt 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. Sworn to and subscribed before me this >'F day Notary-_,-,-/ BY: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARM NOT SERVED NOTARY PUBLIC On the STATE Of SEW JERSEY 200. at o'clock _.m., Defendant NOT FOUND because: MY COMMISSION EXPIRES 1 Moved Unknown No Answer Vacant 1s` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200_ Notary: 2°d Attempt: / / Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I)3 r _:r•t (1y9 I' A I Z, A- SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. VS. RHODY K. ROSS No.: 07-5978 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. 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. SCHMIEG, ESQUI r"Fj Attorney for Plaintiff N N o. ? N ° ?= o o ? x o b. p mo N N •? a wgmk 0 oo? 8 Q y' R 6 H 7 ? ? (t0 N ? v P? ?°OOm AB N N -if .c N ? N n ? G yg°?5 ??gw N 'o. f9 O tr r O . K ? h W Z Y a A *d Fig QC7 [?77 O O A a '-? m Dr, `1 N O O Z O 7 °+ sy `Tl W 7-7 -r- e. o rn?, b w r, r .- ?. w N ? CD R = v? Q O? N w w C'o O i G n Col CO ?, O CCDD Ja n n a cy CD *Tl m .? c? di c0 n N 1g: o ? G to N "? r 7?1 b coo oW y r?co ?' ? N C) a:r tl ,?!i, ?•? ? ?cr C) 3 0 r b Q Q. n UQ Z b 0 :3 m o °° C' x CD, m , s o n o d 00 IQ O O C/) ? N Immoomommv y. N 7 PITNEY Bow-'s 02 IM $ 03.15° 9 . 0004218010 pE010 2007 • MAILED FROM ZIP CODE 1 91 03 I ? 1 I I I 111 (T 3 ? • i c. ?-, ; .? ,} : _ _,? .. -? ?= ?-- _. . ._._ ' ?? . .. _ ?* ; : z: C •^C Suntrust Mortgage, Inc. VS Rhody K. Ross In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5978 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn ac 28, 2008 at 1015 hours, he served a true copy of the within R Description, in the above entitled action, upon the within parr by making known unto Rhody K. Ross, personally at 639 Cec Cumberland County, Pennsylvania its contents and at the sarr. said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sw April 02, 2008 at 1035 hours, he posted a true copy of the wit and Description, in the above entitled action, upon the proper Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pen R. Thomas Kline, Sheriff, who being duly sworn acco above Real Estate Writ, Notice, Poster and Description in the mailed a notice of the pendency of the action to the within naa by regular mail to his last known address of 639 Cedar Ridge This letter was mailed under the date of March 31, 2008 and j R. Thomas Kline, Sheriff, who being duly sworn acco returned STAYED per letter of request from Attorney Daniel Sheriff s Costs: Docketing 30.00 Poundage 21.72 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 >rding to law, states that on February 1 Estate Writ, Notice and i defendant, to wit: Rhody K. Ross, r Ridge Lane, Mechanicsburg, time handing to him personally the n according to law, states that on n Real Estate Writ, Notice, Poster of Rhody K. Ross located at 639 ylvania according to law. ing to law, states he served the llowing manner: The Sheriff A defendant, to wit: Rhody K. Ross rne, Mechanicsburg, PA 17055. ver returned to the Sheriffs Office. ing to law, states this writ is Postpone Sale 40.00 Law Journal 473.00 Patriot News 437.72 Share of Bills 14.73 $1,107.71 ? )DID if or So s rs- R. Thomas Kline, Sheriff BY Real Estate rgeant A, ? ? ? I ?1 SUNTRUST MORTGAGE, INC. Plaintiff, V. " RHODY K. ROSS Defendant(s). CUMBERLAND COUNTY C URT OF COMMON PLEAS CI--II L DIVISION N6.07-5978 CIVIL TERM AFFIDAVIT PURSUANT TO (Affidavit No. 1) SUNTRUST MORTGAGE, INC., Plaintiff in the above act SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe i following information concerning the real property located at MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known .A. reasonably as( RHODY K. ROSS 639 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor property to be sold: Name Last Known reasonably a Associates Financial Services Company Inc. 248 West 3129 i, by its attorney, DANIEL G. the Writ of Execution was filed the (if address cannot be 3, please indicate) RIDGE LANE 'SBURG. PA 17055 judgment is a record lien on the real tress (if address cannot be twined, please indicate) Mall, Office Building, Edwardsville SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS Defendant(s). TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No 07-5978 CIVIL TERM ' I December 8, 2007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL CT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE IOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT ND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF LIENAGAINST PROPERTY." Your house (real estate) at 639 CEDAR RIDGE LANE. MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfo a the court judgment of $124,233.80 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee against you. In the event the sale is continued, an announcement will be made at said sale in comp] ance with Pa.R.C.P., Rule 3129.3. To prevent this Sheriffs Sale, you must take immediate''action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petiti n asking the Court to strike or open the judgment, if the judgment was improperly entere . 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.) 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 th full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buy r may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which as paid for your house. A schedule of distribution of the money bid for your house will be filed by th 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 dis 'bution 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 LEG HELP. IMPORTANT NOTICE: This property is sold at the di postponed or stayed in the event that a representative of CUMBERLAND COUNTY ATTOR CUMBERLAND COUNTY BAR, 2 LIBERTY AVENI CUMBERLAND COUNTY CO CARLISLE, PA 170 (717) 249-3166 (800) 990-9108 of the plaintiff. It may not be sold ffs Sale. The sale must be plaintiff is not present at the sale. REFERRAL ICIATION LEGAL DESCRIPTION ALL THAT CFRTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more' particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way 1 (50 feet wide), and the dividing line between Lots #C-2 and #( 30 seconds West along said dividing line a distance of 85 feet I South 52 degrees 36 minutes 30 seconds West along common on the dividing line between Lots # C-2 and #C-l; thence Sout along said dividing line, a distance of 85 feet to a point on the : Lane; thence along said northerly right of way line of Cedar Ri 30 seconds East, a distance of 24 feet to the point and place of e of Cedar Ridge Lane, a private street 3; thence North 37 degrees 23 minutes a point at common open space; thence ?en space, a distance of 24 feet to a point 37 degrees 23 minutes 30 seconds East )rtherly right of way line of Cedar Ridge ge Lane, North 52 degrees 36 minutes CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, Pennsylvania 17055. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan o Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, in le woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Pa a 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-009, CONTROL #: 42000730 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5978 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC, Plaintiff (s) From RHODY K. ROSS (1) You are directed to levy upon the property of the defendan (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) n t levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; 1b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from de ivering 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 $124,233.80 L.L. $30 Interest from 12/09/07 to 6/11/08 (per diem - $20.42) -- $3,798.12 nd Costs Atty's Comm % Due Prothy $2. 0 Atty Paid $160.44 Other Costs $1,76.50 Plaintiff Paid Date: 12/11/07 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 ANIM 3i Real Estate Sale # 02 On February 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14,. 2008 By: Real Estat ergcant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otAvXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT N Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and That he is the Assistant Controller of The Patriot News Co., a corporatio Commonwealth of Pennsylvania, with its principal office and place of business a Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of T newspapers of general circulation, printed and published at 812 to 818 Market S The Patriot-News and The Sunday Patriot-News were established March 4th, 1 E all have been continuously published ever since; That the printed notice or publication which is securely attached hereto i daily and/or Sunday/ Metro editions which appeared on the date(s) indicated bel, interested in the subject matter of said printed notice or advertising, and that all place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authc behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution t stockholders and board of directors of the said Company and subsequently duly in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page organized and existing under the laws of the 812 to 818 Market Street, in the City of e Patriot-News and The Sunday Patriot-News eet, in the City, County and State aforesaid; that i4, and September 18th, 1949, respectively, and exactly as printed and published in their regular N. That neither he nor said Company is the allegations of this statement as to the time, i and empowered to verify this statement on imously passed and adopted severally by the )rded in the office for the Recording of Deeds 17. PUBLICATION COPY Thi ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 . Q 41 . . ............ Sworn t4andAubscribed before me this 27 day of May, 2008 A.D. Notary Notarial Seal Chyrie L. Sheppard, N Public City Of Harrisburg, Dauph' County My Commission Expires Ma 29, 2010 Member, Pennsylvania Association of Notaries IiI d aww's eaft $2 , '? - pva Tian Mieri?, Inc. MIN- ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows t"&. BEGINNING at the intersection of the northerly right of way tine of Cedar Ridge Lane, a private street (50 fed wide), and ?he dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 mimes 30 seconds West. along common open space, a distance of 24 feat to a point on the divi line' betaweaJ Ots`# C-1 and-WC-1, thence South 37 degas 23 nima es 30 seconds Fast aloag,saW dividing line, t<disWoe of 85 feet to a on the northerly rigk of way line of Cedar Ridge, 'thence, along said w6mly ngbrofway line of Cedar Ridge Lane, Nord 52 degrees 36 minutes 30 seconds East, a dice of 24 fed ttr the post and place of BEGINNING CONIAMG ZW stluare fed, eat 'being Lot #C-Z on a Final 8 risim Plan far Cedar Ridge T-mbomes, psepared by John C. Brillhant, SarvEy'mE and Mapping Services, last revised on Jaouary 13,1978 and recorded in the Office of the Recorder of Dee& in and for Cumberland County, Pennsylvania, in Plan Boon 32, Page 73. BEING town and numbered as 639 Cedar Ridge Lark, Mechanicsburg, Petmsylvaoia 17055: UNDER AND SUBJECT b Restrictions as set forth in Cumberland County, Pennsylvania, in A&oetlaneuusBook 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 3Z, page 73. BEING THR SAhi1E PIREMM which Nancy K Gouhm, single woman, by Deed dated October 28, 1999 and receded iCumberland County, Deed-Book 21a Pegg 806, granted and conveyed unto Jonathan V. Williams, single man, Grador berein. PARCEL IDENTIFICATION N0: 42-24-0792- 009; CONTROL #: 42900730 RECORD OWNER TITLE TO SAID PREMLSES IS VESTED IN Rhody IC Ross, by Deed fiohn Jonathan V. William, single man, dated 02/08/2007, recorded 02f2&W, in Deed Book 278, page 4369. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOUTAL (Under Act No. 587, approved May 16,19 9), P. L.1784 ?I COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal 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, May 2, May 9, and May 16, 2008 1 Affiant further deposes that he is authorized to verify t I's statement by the Cumberland Law Journal, a legal periodical of general circulation, and that a 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. sa MariCovn Editor SWORN TO AND (SUBSCRIBED before me this 16 day of av. 2008 Ni NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 PXAL MBTATZ BALM NO. 2 Writ No. 2007-5978 Civil Suntrust Mortgage, Inc. vs. Rhody K. Ross Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 sec- onds West along said dividing line a distance of 85 feet to a point at com- mon open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BF..GMMNG CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. BEING known and numbered as 639 Cedar Ridge Lane, Mechanics- burg, Pennsylvania 17055. UNDER AND SUBJECT to Restric- tions as set forth in Cumberland County, Pennsylvania, in Miscella- neous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. BEING THE SAME PREMISES which Nancy K. Gouhin, single woman, by Deed dated October 28, 1999 and recorded in Cumberland County, Deed Book 210, Page 806, granted and conveyed unto Jonathan V. Williams, single man, Grantor herein. PARCEL IDENTIFICATION NO: 42-24-0792-009, CONTROL #: 42000730. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. No. 07-5978 CIVIL TERM RHODY K. ROSS Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $124,233.80 Interest from 12/09/2007-07/10/2009 $11,843.60 and Costs (per diem -$20.42) TOTAL $136,077.40 DA L G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a•representative of the plaintiff is not present at the sale.'-.- 163262 o? W? a? az oz W oz 00 ?z o? H? Z ** U ?j 1, T ?o t s? z w d F 0 H a z 0 Cn a x a 0 I tn 0 <C a a GA U z d x U o F w a w -' 00 a 1 v w b C= m- 711 t:. o Q Ut •? `ma y '' l,* a ? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RHODY K. ROSS Debtor Bk. No. 1:08-bk-02084 MDF SUNTRUST MORTGAGE, INC. Chapter No. 13 Movant v. 11 U.S.C.§362 RHODY K. ROSS Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST MORTGAGE, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST MORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. BY the +'.oiII'#, / - -4-4 - 8A0 P judje (JDK) This document is electronically stgned andflled on the same date. Dated: October 15, 2008 Case 1:08-bk-02084-MDF Doc 24 Filed 10/15/08 Entered 10/15/0815:35:39 Desc Main Document Page 1 of 1 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. Plaintiff, V. RHODY K. ROSS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 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.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU RE Attorney for Plaintiff n LL c ? -? _ -? ;?? ? ?,- c? -? t: ; .? r _ :? ' ? , t.a ?, ? 4.0 SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., 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 ,639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 ASSOCIATES FINANCIAL SERVICES COMPANY INC. 6 HARRISON STREET NEW YORK, NY 10013 248 WEST SIDE MALL, OFFICE BUILDING EDWARDSVILLE, PA 18704 ? 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 8, 2008 T+ •- DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff m ? SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS Defendant(s). CUMBERLAND COUNTY No. 07-5978 CIVIL TERM December 8, 2008 TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,233.80 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 W LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING BEING THE SAME PREMISES VESTED IN: Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RHODY K. ROSS (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 $124,233.80 L.L. Interest from 12/09/07 - 7/10/09 (per diem - $20.42) -- $11,843.60 and Costs Atty's Comm % Atty Paid $1,289.65 Plaintiff Paid Date: 12/10/08 Due Prothy $2.00 Other Costs Curtis R. g, 4Prothon ary (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE By: Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) RHODY K. ROSS SERVE RHODY K. ROSS AT: 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-5978 CIVIL TERM ACCT. #163262 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 Served and made known to ?N GAY P055 , Defendant, on the day of VA .200 at ' ?D o'clock -Ft.m., at Oq 4D" R t D6 p, I,?Nr~ i ?V? 6C ( N 1C58vQG Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is_ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agee S Height -L Weight;-20 Race W Sex AA Other I, Alkb 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. Sworn to and subscribed before me this -9h day N 200. QQ By. 11 PLI AT LEAST 3 TIMES. INDICATE DATES & T NOTARY PUBLIC IMES OF SERVICE ATTEMPTED. STATE OF NEW JERSEY NOT SERVED W COMMISSION EXPIRES 10/25/2012 On the day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1"' Attempt: Time: 3rd Attempt• Time: Sworn to and subscribed before me this day of 200. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 (b 2 7 (v ?? c _ . _y ? ? '` ?-, .??, -,? ?. : ' ? ?_ ?• ,-? . ...- .,... J _. .. ?? m: -s `? -?. ,?.- APR 3 0 2009 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RHODY K. ROSS No. 07-5978 CIVIL TERM Defendant RULE AND NOW, this /7-- day of -n /O y 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. - Zo oGt?, v r a??i d'cM Rule Returnable , at m e !' ..h 1`aL? n._.Y L.,.«l..«,] n?__?a_, r'n771-??1n , !''?.•l' ' T? - - -?-- ' BY THE COURT J. ? ? ce) Zmichele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordkfedphe.com XHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 0-0?511'?::Zl 163262 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. : NO. 07-5978 CIVIL TERM RHODY K. ROSS AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, ?A-'-!?? -esq. attorney for SUNTRUST MORTGAGE, INC. hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: ?;' ?(-' C`) By:'A Lawrence a an, Es Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff i SUNTRUST MORTGAGE, INC. Plaintiff, V. RHODY K. ROSS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 07-5978 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., 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 ,639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 ASSOCIATES FINANCIAL SERVICES COMPANY INC. 6 HARRISON STREET NEW YORK, NY 10013 248 WEST SIDE MALL, OFFICE BUILDING EDWARDSVILLE, PA 18704 . G , 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) CEDAR RIDGE HOMEOWNERS' ASSOCIATION 4950 WILSON LANE MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and cone knowledge or information and belief. I understand that false stateme here penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to thorn i1i May 5, 2009 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff of my personal de subject to the ??o z I A w O ?o oo v as LA w N r r o. ?e p w o rv N (D .?. Z C Q ?D 6 p- C ?? IZrJ x ? O.c ?o o 0d0 YY`''n0 e w9 d z C 0 ? >? O c emu) a $"o `? O ? N ? jJ 0 z?? C/>> C z CCdN ,?. 3 a 0 H ?t r1r•, 00 0 oll" ?< a q C, - CA On b ?? n g ? y b Y 9 ? C " ZCrJn ? = v,CD o C C y ?r"j > oOny r tr '' ?? yH ? NCCDD ?y > x W?o? -+ m o y ITJ ? O C1 r' n w '-3 m N CD 3 ?° ? 00 Q N ¢ r cn y a o Oilr ° ? ;' v? to ? ?rJ ? ? ? n CD a O Q,? Z n CD x o c A N r ? cr ? s G 7_ ao N d C1 Z O 3 ? 'U o o c ?d C a? CD " >? ° 0 0 R MyCI C CD y 3. f, a. } - .e (D ?t 0_ n c o o. o o < 0 O CD CD o w cp • M N C E?E d ? ?' 7 B 7 O C O ?, w a t7' (CD aa?? eb c a w Q ^ IXS PQ* csb 12 ;l ', ,o k O ; n ? ? 'i ( ? ? FJ R p D a PriNEV Bo . 02 1M $03 s' y o . 0004218010 JAN 06 2 N MAILED FROM ZIP CODE 1 91 ? s E ? d 0. O O O O 'fl w ? C)a?4 rya. A W A ^t C. .. cD 0 CD 'L3 -d x ID ?C! a? rA 0 tr1 y 5 r' i I)F RjE r 2 Ki`Cf 13 f ? ? ` : (' CU1111 PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, A 19103-1814 (? 15) SF's-?n o SUNTRUST V. IORTGAGE, INC. Plaintiff Civil Division RHODY K. F Defendant I the ATTORNEY FOR PLAINTIFF Court of Common Pleas CUMBERLAND County No. 07-5978 CIVIL TERM CERTIFICATION OF SERVICE ere by certify that a true and correct copy of the Court's May 12, 2009 Rule was sent to insz individual on the date indicated below. RHODY K. l 639 CEDAR DATE: E LANE G, PA 17055 P lan Hallinan Sc ieg; LLP By: 11Wz IA-1 Mich M. Bra ord, squir Attorney for Plaintiff Fil FD t. SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. NO. 07-5978 CIVIL TERM RHODY K. ROSS AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: 3a ?'f B Lawrence T. Phelan, Esq., Id. No. 32227 .Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff a a 0 °o a C7 c ? ? s? ?Uw ti a0 °a '0 cat " 'C WE! zoo 115 1? i l L 3403d1Z Wollq 031ib'W Z 90 NVr o LOS LZb000 ' '?E8 ° O vu z o e 5 .. ?• SS`od S31 X ° ? w if 5T 66 0 c a peps • p O .it A D 6 0 3 o m O^ ? 4•a 9 N O v U c h ,5 •• % a ? ry a E., E H m X wp , 04 m ax ? ?? G yW W o aP N ?a F F Vs rX4 O W e ^g h > M Ua 44 ?00 0 w Pa¢"W 3 ? w? V^z a. I as < 000 a`o? o ? ` F °a o rnp;rn Oz ? O . ? ¢0X ?r O o ° o ti. ?-o° O go d 0 >+ A 0 ptt x a z oQ t-tU-20 UAa en •D f U? Ig ,?a , Aa Lz, ?o C/2 A dN W ?a as 3 z m o ? ? N ?i N O .? y Q ?y! !r W ?i ? ? NT s ^ . N M %n ?p t- °o cn on x a ?? 'a W a W 0 a ?w U ai - o 00 ?b° ?xa U w ,? a `O a b d C? ? 'fl b zoo -- 1- .n ?i td Fy V .mil ?L7'? N O . O0 dIZW02W C13'Ii'dW V (/? ? £0L613Q O 108 ? ? e 6002 SOXVVI W4 Z0 r g a V ()OZ- w s G u 53+??9 h3N1iA ? ' ? ? m V a . ? C 4 ? w v O 0 V _ L C O 7 .a 0 MI ? u C y . _ O 7 d V S W b $U? .G O 5 Q^ " C A W G ? C W `_ Oy 2 O O O? O 'd C O V ? o ? u ° 0 u ' O N N c ? M ` o a , O T V a d O Q V E a° o a d W ? z ? o a s W ? a ? •I I• O V u V ? ao?? x o0 p z s z u W O W V x ? FS ?r ! y u , ?° ? r Yi L F L d Z d N cn 10 $ ? OO N ? r M ? h Q ! ? W ?i ? R1 ? u ?--? N M 00 ON 'a at a H s ,JI 5 OF THc-,4 ?Y 2CO9 JUL -6 AM 1c,: 4 5 ciom. i SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RHODY K. ROSS CIVIL DIVISION Defendant(s). NO. 07-5978 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., 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 ,639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 ASSOCIATES FINANCIAL SERVICES COMPANY INC. 6 HARRISON STREET NEW YORK, NY 10013 248 WEST SIDE MALL, OFFICE BUILDING EDWARDSVILLE, PA 18704 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) CEDAR RIDGE HOMEOWNERS' ASSOCIATION 4950 WILSON LANE MECHANICSBURG, PA 17055 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Last Known Address (if address cannot be reasonably ascertained, please indicate) 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori 'es. ay. Lawrence T. Phelan, Esq., Id. No. 32227 ran cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff FILED-01-- OF 2009 JUL -6 AH 10: 4 6 CUVI L-- NP!, P'EIIIAIS?Iol-V NIA SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY V. Plaintiff, COURT OF COMMON PLEAS RHODY K. ROSS Defendant(s). CIVIL DIVISION NO. 07-5978 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., 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 ,639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name FRANKLIN CREDIT MANAGEMENT CORPORATION ASSOCIATES FINANCIAL SERVICES COMPANY INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 HARRISON STREET NEW YORK, NY 10013 248 WEST SIDE MALL, OFFICE BUILDING EDWARDSVILLE, PA 18704 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) CEDAR RIDGE 4950 WILSON LANE HOMEOWNERS' ASSOCIATION MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori 'es. ay. 2-f- Lawrence T. Phelan, Esq., Id. No. 32227 .--f'r-ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff D {" r OF THE NK)TARY 2009 JUL -6 AM 10: 46 x'11,4. f Y ".i yi,?'l 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. Plaintiff V. RHODY K. ROSS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5978 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE SUNTRUST MORTGAGE, INC., 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 April 29.2009. 3. A Rule was entered by the Court on or about May 12, 2009 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". Joshua I. Goldman, Esq., Id. No. 205047 / Courtenay R. Dunn, Esq., Id No. 206775 Andrew C. Bramblett, Esq., Id No. 208375 Enclosure cc: RHODY K. ROSS 4. The Rule to Show Cause was timely served upon all parties on May 21, 2009, 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 June 10, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Date: -4?Z-z-0/6)q PHELAN HALLINAN & SCHMIEG, LLP By: < awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys 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. Plaintiff V. RHODY K. ROSS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5978 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 29, 2009. A Rule was entered by the Court on or about May 12, 2009 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 May 21, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 10, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Date: PHELAN HALLINAN & SCHMIEG, LLP By: (?-r ,LA*r-ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County RHODY K. ROSS No. 07-5978 CIVIL TERM Defendant RULE AND NOW, this a4l- day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. .a 6 Rule Returnable - ,a C BY THE COURT . Del J. CO W low C, Michele M.'Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna fedphe.com RHODY K. ROSS 639 CEDAR RIDGE LANE .MECHANICSBURG,.PA 17055 163262 Exhibit "B" t?&_; pf, 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. Plaintiff Court of Common Pleas Division k r- ? 25 ' ANDnty RHODY K. ROSS h No. 07-5979 CIVfL TEI" ' Y Defendant - ` CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 12, 2009 Rule was sent o the following individual on the date indicated below. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 DATE: P elan Hallinan Sc ieg, LLP By: It V'b Mich a M. Bra ord, squir Attorney for Plaintiff VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: _ `- Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division V. RHODY K. ROSS CUMBERLAND County Defendant No. 07-5978 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. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 PHELAN HALLINAN & SCHMIEG, LLP Date: /7,_ By. rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206771' Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff OF THE PRO"I -NOTARY 2009 AUG 21 P,16 1: 12 Pi _N :1ZYU, AUG Z 4 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. RHODY K. ROSS CUMBERLAND County No. 07-5978 CIVIL TERM Defendant ORDER AND NOW, this 25" day of A,,jv,-- , 2009, 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 ordered to amend the writ nunc pro tunc as follows: Principal Balance $116,807.62 Interest Through June 10, 2009 $16,791.75 Per Diem $22.40 Late Charges $116.76 Legal fees $1,800.00 Cost of Suit and Title $1,418.00 Sheriffs Sale Costs $1,107.71 Property Inspections/ Property Preservation $61.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,927.75 TOTAL $141,031.09 Plus interest from June 10, 2009 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. BY THE COURT J. 163262 FILED--O=,`I' OF THE FFt' OT'ASY 2009 AUG 25 FM 12: 00 C ?. i"--4.: ' -,AUNTY PENNSYLVANIA Ila /vwttsCL-L In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5978 Civil Term Suntrust Mortgage, Inc. Vs Rhody K. Ross Shawn Harrison, :Deputy Sheriff, who being duly sworn according to law, states that on January 31, 2009 at 1136 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: Rhody K. Ross, by making known unto him personally, 639 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1006 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 Rhody K. Ross, located at, 639 Cedar Ridge Lane, Mechanicsburg, 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: Rhody K. Ross, by regular mail to his last known address of 639 Cedar Ridge Lane, Mechanicsburg, PA 17055. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 15.93 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 21.60 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 267.28 Share of Bills Post Pone Sale So Answers, Thomas Kline, Sh riff BY C Real Estate Coordinator 15.43 40.00 812.24 GF THL F-071-?JTIAR 2' 309GCT 12 A."i 11: 12 `hj1/ , `.". 0 (!?" eke 7? ya 9 ., „t 3 / -7 '3 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RHODY K. ROSS CIVIL DIVISION Defendant(s). NO. 07-5978 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., 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 1639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 ASSOCIATES FINANCIAL SERVICES COMPANY INC. 6 HARRISON STREET NEW YORK, NY 10013 248 WEST SIDE MALL, OFFICE BUILDING EDWARDSVILLE, PA 18704 5. Name and address of every other person who has any record lien on the property: r '+ Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 8, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t SUNTRUST MORTGAGE, INC. Plaintiff, V. CUMBERLAND COUNTY No. 07-5978 CIVIL TERM RHODY K. ROSS Defendant(s). December 8, 2008 TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,233.80 obtained by SUUNTRUST MORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. J 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 4 " ? LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-l; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING BEING THE SAME PREMISES VESTED IN: Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 PARCEL NO. 42-24-0792-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COT 1NTY OF CUMBERLAND) NO 07-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RHODY K. ROSS (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 $124,233.80 L.L. Interest from 12/09/07 - 7/10/09 (per diem - $20.42) -- $11,843.60 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,289.65 Other Costs Plaintiff Paid Date: 12/10/08 urtis R. Lon , Prothonot ry (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLIN.AN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 - Attorney for: PLAINTIFF r i Telephone: 215-563-7000 :.F 71 W Supreme Court ID No. 62205 CA -ri (Z:) Real Estate Sale # 03 On January 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 639 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 14, 2009 By: 0-)i ?1? ??? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal 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: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, 91itor SWORN TO AND SUBSCRIBED before me this day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RL41Ly INTATZ sAL$ NO. Writ No. 20 70 5978 Civil Suntrust Mortgage, Inc. vs. Rhody K. Ross Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more Particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right Cedar of way line of (50 feet Ridge Lane, a private street between wide), and the dividing line North 37 Lets #C-2 and #C-3; thence onds West ron s 23 minutes 30 sec- distance of 85 feet to adivig luie a coon open space; point at com- degrees en 36 i thence South 52 mutes 30 seconds West along common open space, a distance of 24 feet to a point on the diving line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividin line, a distance of 85 fe g et to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, distance of 24 feet to the point a and place of BEGINNING. BEING THE SAME PREMISES VESTED IN: Rhody K. Ross, by Deed from Jonathan V. Willi ams OZ 26detccl 02/08/2007, recorded Page 4369.07' in Deed Book 278, RIDGE MICE BEING: 639 CEDAR PA 17055. MECHANICSBURG, ` PA, R, CEL?NO? 42-24-p792-009. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 ""?.. Sworn La )subscribed before r:ri? this 12 day of May, 2009 A.D. i Notary Public COMMQNINB LTH O N$Y .VANIA No sow seal Sherrie L. Klsner, fJofary Public City Of He burp, dauphin County My Comrnpsion Expires Nov. 28, 2011 Member, Pennsylvania Association of NohNes ESN 8" Mo. 03 Wilt Roal NO, Sun#r " CjWlTI VSO, Inc. Attorn hotly K. Rats eY DenkM Schmieg LEGAL DESCRIP77ON ALL THAT CERTAIN piece or Parcel of land situate in the Township of Upper Alen, Cola d of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the right of intersection of the northerly way line of Cedar Ridge Lane a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-l; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way litre of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds past distance , a of 24 feet to the point and place of BEGINNING BEING THE SAME PREMISES VESTED IN: Wjody K. Ross, by Deed from Jonathan V Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PREMISES BEING: 639 CEDAR RIDGE LANE' MECHANICSBURG, PA 17055 PARCEL NO.42-24-0792.pp PRAECIPE TO ASSESS DAMAGES-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff V. RHODY K. ROSS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION n ? 1 NO.: 07-5978 CIVIL TER1C's' CUMBERLAND COUNTY.' CD ?? CT PRAECIPE TO ENTER ORDER To the Prothonotary: Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against RHODY K. ROSS As Set Forth in the Order er,*qiaaa.o el* ar a4s OA?' P0JW $141.031.09 ? L ence _Phelan, Esq., If. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 17 Jennie R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 163262 TOTAL $141,031.09 Plus interest from June 10, 2009 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. BY THE COURT J. 163262 COP°f' a 'Ao I We uldo 38t a#? saA, Car', Pa IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RHODY K. ROSS Debtor Bk. No. 1:08-bk-02084 MDF SUNTRUST MORTGAGE, INC. Chapter No. 13 Movant v. 11 U.S.C. §362 RHODY K. ROSS Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of SUNTRUST MORTGAGE, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and SUNTRUST MORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. By the Cowl, (JDK) This document is electronically signed and faded on the same date. Dated: October 15, 2008 Case 1:08-bk-02084-MDF Doc 24 Filed 10/15/08 Entered 10/15/0815:35:39 Desc Main Document Page 1 of 1 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM RHODY K. ROSS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/11/2009 to Date of Sale ($0.00 per diem) TOTAL O CUMBERLAND COUNTY c7 N : , N t:7 $141,031.09 N ; 00 0 . z: -.. Fri _...i ?.? i ?`. , $141,031.09 +624 . oo Pa ATW ttorney for Plaintiff Phelan Hallinan & Schmieg, L P ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? ienine u ' T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 163262 Cry 91aLuo P. E (,grit 49 r 7 ? s U G ? h/ ? ryJ ® M V W) te) b +r? inn W r-? ?a ?". W C7 a U) 0 ? U 3 ?Q¢ b 0aa,,U W w? oy a oa o° O? UW ?U o o,o - U M G M N ono ° N N O p p 7U-. ° o oZ?'Zo?ornc?,??o 0 ob o oz ?i ?• aZZZz°-?i o o °? ozz Q,zzb y ?1bRj ti'~ '-+ZZZ00Zbb y tjb Q 9,9, 0 (;? ^ P. O ,?WW W'?WW y"vai"WbW.?Z'??WW a?i con 'o ?' a. [ a A > c7 > cc cd cd CO o a > w ¢ 44. 010710000=11000000000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Suntrust Mortgage, Inc. Plaintiff (s) From Rhody K. Ross (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 $141,031.09 L.L. Interest from 06/11/2009 to date of sale ($0.00 per diem) $0.00 Atty's Comm % Due Prothy $2.00 Atty Paid $2139.89 Other Costs Plaintiff Paid Date: 2/22/2010 DaFid-Brl6uell, Protonotary (Seal) By: Deputy REQUESTING PARTY: Name Lauren R. Tabas, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 93337 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. RHODY K. ROSS Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. CJ § 4904 relating to unsworn falsification to authorities. XZ dy for Plaintiff f Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele Bradford, Esq., Id. No. 69849 ? Judith . Romano, Esq., Id. No. 58745 ? Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff RLE}^?? (:, Fit-_ 2010 F rEB 22 AE"i I I: 15 "1- 15 COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM Si?XTRUST MORTGAGE, INC. Plaintiff ,op V. RHODY K. ROSS Defendant(s) _.a... r ?,._ R I 2010 FEB 22 Atli f li= 55 COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455. 1. Name and address of Owner(s) or reputed Owner(s): Name RHODY K ROSS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 639 CEDAR RIDGE LANE MECHANICSBURG, PA 170554455 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Associates Financial Services Company Inc. Franklin Credit Management Corporation 248 West Side Mall, Office Building, Edwardsville, PA 18704-3117 6 Harrison Street, New York, NY 10013 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may 1 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Cedar Ridge Homeowners Association 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4950 Wilson Lane Mechanicsburg, PA 17055 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.A. § 4904 relating to unsworn falsifies February 15, 2010 Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Vhe Romano, Esq., Id. No. 58745 . Shah-Jani, Esq., Id. No. 81760 Davey, Esq., Id. No. 87077 . Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO. 07-5978 CIVIL TERM RHODY K. ROSS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY " Your house (real estate) at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $141,031.09 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 Parcel No. 42-24-0791-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,031.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-l; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brilihart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 PARCEL NO. 42-24-0791-009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff, v RHODY K. ROSS Defendant(s) CUMBERLAND COUNTY na ., .-? ::;:4 COURT OF COMMON ,k'A S ? ?Ji Gtl - rra --1 C-,, CIVIL DIVISION f- = : '77 No. 07-5978 CIVIL TERM ? P w? r `z7 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: S/?l'[o .Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 163262 b y ? o r z ? 00 J ? ? A W N _. c o. ? a d y 0 ?y ?y v x rr1 O d x 0 t?AyxNoil c?bowOT, rAcxb A op, xm ° oov 00 CL r]rA Or. p,r d m 0 O m V'C O d ? O -s Lr -s vi' ` a d G l ' r1 m o. v; b7 "? r`.; o O eo A rn `t p• d 'A 'A A G coo m a: O A Vj CT O (rQ , '? rn ^s m ., N fD b G d co -c r" 'C 4 CL ft ,? o. ?ed B 'd `< <n d g y ! ? 0 a m p OD 'off o"YO ?a.?V -`"e<A a a?'"'TO°< CD 0 `+ m 00 ^? ?.+ !C d..., N G W y v ?s rte.. r "'? W `t y O w w o0?000 OeD N? °oy, a? TQ CD y CD m CD W ?a " ?co d G p ao vii 5; fD ?. C O IQ 0 n ? I d A a ? I ?yb o y m m 2 ° x. cr w e ? o <°o o ?dm v?'i ?jp? m O (y N O ? o- [. M N f C c N p O O q A L 3 ? C N A ? R A' N n. 9 h7 ? m?°5 N ? ? o w K 4.. ?i R y ? ? a m g 8 n' n w' o. a w x W N t4 N F.. t 0 > z CD Q N CD ? rA O x' co ?z C Cr a d 'Z? "O"q t??o 0 ct .0 r z4 YayCD ? m o d A 'd ,p O O a et? A a a a ? ? O y 1z 0 O N N O a H 9ASES P AMA ,°, 2 ? ?s? nrrNEV eom,Fs 021M $03-00 0 0004277258 FEB 17 2010 MAILED FROM ZIP CODE 19103 O 0 o cf) 0 ?r o r. o ,.d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FlLED-?7 ?'CE Ft OF T'r t to PI{-? Sheriff ?71F? N1 ?lf lfiCpf/, !?' ? i 4ti? J?,? i 1 u A 11 ?? .? Jody S Smith Chief Deputyy EP 15' . Richard W Stewart Solicitor OFFTP F ` RIFF 1J)NT( PENivSYLVANlA Suntrust Mortgage Inc vs. Rhody K Ross Case Number 2007-5978 SHERIFF'S RETURN OF SERVICE 04/06/2010 11:31 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1130 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 Rhody K. Ross, located at, 639 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/09/2010 08:27 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 2035 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: Rhody K. Ross, by making known unto, Rhody K. Ross, personally, at 639 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/28/2010 Property sale postponed to 8/4/2010. 08/04/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/8/2010 09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 9/7/10 SHERIFF COST: $675.92 September 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a -OD to{, Co . ? AIA- ) ig-' ;z 77 Ic) CountySuite Sheriff. Teleosoft. Inc. P '. SUNTRUST MORTGAG??, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 07-5978 CIVIL TERM RHODY K. ROSS Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455. 1 2. Name and address of Owner(s) or reputed Owner(s): Name RHODY K. ROSS Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 3 4 5 SAME AS ABOVE 639 CEDAR RIDGE LANE MECHA.NICSBURG, PA 170554455 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Associates Financial Services Company Inc. Franklin Credit Management Corporation 248 West Side Mall, Office Building, Edwardsville, PA 18704-3117 6 Harrison Street, New York, NY 10013 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Cedar Ridge Homeowners Association P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4950 Wilson Lane Mechanicsburg, PA 17055 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.A. § 4904 relating to unsworn falsification to authQrities. February 15, 2010 ? Judith . Romano, Esq., Id. No. 58745 ? She R. Shah-Jani, Esq., Id. No. 81760 ? nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 0 a# SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION RHODY K. ROSS VS. NO. 07-5978 CIVIL TERM CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERI'Y.** Your house (real estate) at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $141,031.09 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 Parcel No. 42-24-0791-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,031.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. TITLE TO SAID PREMISES IS VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369. PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 PARCEL NO. 42-24-0791-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Suntrust Mortgage, Inc. Plaintiff (s) From Rhody K. Ross (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 $141,031.09 L. L. Interest from 06/11/2009 to date of sale ($0.00 per diem) $0.00 Atty's Comm % Due Prothy $2.00 Atty Paid $2139.89 Other Costs Plaintiff Paid Date: 2/22/2010 Buell Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Lauren R. Tabas, Esq. Phelan Hallinan & Schmieg, LLP Address: 1617 JFK Boulevard, Suite One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 93337 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 639 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: C Real Estate Coordinator SZ:01b 01 BIN ON -III??-,?-' _ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 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. Writ No. 2007-8978 Civil Suntrust Mortgage Inc. VS. Rhody K. Ross Atty: Daniel Schmieg SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5978 CIVIL, SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS, owner of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 639 CEDAR RIDGE LANE, ME- CHANICSBURG, PA 17055-4455. Parcel No. 42-24-0791-009. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $141,031- .09. ?A? ;??e r isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 0 da of April, 2010 .0// /,/. Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Patriot-News Co. 2020 Technology PKwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the ?1lah?ot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing uncer the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(:;) shown below: 04/16/10 wrK No. 2007.5878 chip Term 04/23110 Suntn* Mer4ppe Im - ?` 04/30/10 Vs. Rhody K Ross Atty: Dams/ Sahnnlsg V .. . .... ...... . SHORT DESCRIPTION 41 By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM Sworn to an bscribed before me th' 18,dd'y?o a , 2010 A.D. SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS t? Qw!w0) of proWlysimate in the TOWNSIU Notary Public OF UPPER ALLEN, Cumberland County, . (Municipality) 639CEDhRR0GELANE,MIICMCSBURG, COMMONWEALTH OF PENNSYLVANIA PA 17055-4455 Parcel No. 42-24-MI-009 (Acreage o;sheet address} Notarial Seal Sherrie L. Klsner Improvements thereon: RESIDENTIAL Lower Paxton Twp ' Notary Public DWELLING JUDGMENT AMOUNT: My Commisslon 5 DaupMn County Nov. 26, 2011 $141,031.09 Member, Penn"Inla Atistxlatlon of Notaries WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC. Plaintiff (s) From RHODY K. ROSS (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 $141,031.09 L.L. Interest from 6/11/2009 to Date of Sale ($23.18 per diem) - - $16,712.78 Atty's Comm % Due Prothy $2.00 Atty Paid $2, S Y1 •$ ( Other Costs Plaintiff Paid Date: 3/1/11 David D. B 11, Protho (Seal) B Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 07-5978 CIVIL TERM RHODY K. ROSS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $141.031.09 c_- T? Interest from 06/11/2009 to Date of Sale m $16,712.78 5- ($23.18 per diem) cn -73 -i CD , moo SO C:) TOTAL 3> C-) 1577 8?-?--?o - Q ? ==? ? P - moo CS) VAq, Do '?d a#tl 4044 Gar 16-7. -71 6,15. R-P -I$. SO toil ly. 60%11( au 60ui. `dq. 00 4. pb 1;a???,. $? ?a Q Attorv.1(5y- for P 'tiff Phelan Hal an & Schmieg, e T. Phelan, Es d. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Ad&ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Note: Please attach description of property. PHS # 163262 ...p mom., ,te Co. Ck? )o52791 t 4?.2ss$ -7 0 Ian f 4 Oe- Tcc u?..l tr) b ? .o w Z¢ ? as ? w C7 a o z o,rn??oMO 5 a, a U NC14rgq MM 4 z(5 - O Z W V O O OZ Ztw- C,N,r ?O O? O Ozr'i ? Oa W b ti.?z-d * * 0 oZ. . a, .;4 6z Z? O O U? C ?W W W'U yw O'd"y'L7-"vO??"W?LLIW ?O"? . o c o? ' Awticn:;>tia¢v $ Q LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. TITLE TO SAID PREMISES VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369 PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 PARCEL NO. 42-24-0792-009 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. RHODY K. ROSS Defendant(s) F AL[-_0-0F F ICE TARY Attorneys for Plaintiff 2'! 1 III AR ",UMBERLAND COUNTY so EFI SYLVANIA COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 07-5978 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 3 27 ? Francis S. Hallinan, Esq., Id. No. 695 ? Daniel G. Schmieg, Esq., Id. .62205 ? Michele M. Bradford, Esq., 1d. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 SUNTRUST MORTGAGE, INC. Plaintiff RHODY K. ROSS Defendant(s) E't_E.D-1r ICS 6 - 114,E PROTHONNOTA 1`I, 2011 MDR, - I A! 10: 2-5 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-5978 CIVIL TERM CUMBERLAND COUNTY PHS # 163262 AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055- 4455. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) ASSOCIATES FINANCIAL SERVICES 248 WEST SIDE MALL, OFFICE BUILDING COMPANY INC. EDWARDSVILLE, PA 18704-3117 FRANKLIN CREDIT MANAGEMENT 6 HARRISON STREET CORPORATION NEW YORK, NY 10013 Franklin Credit Management Corporation 4345 Galtier Street C/o: Resurgent Capital Services, L.P. Shoreview, MN 55126 Attn: Jessica Hagermann 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA RESURGENT CAPITAL SERVICES LP ATTN: JESSICA HAGERMAN 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4345 GALTIER STREET SHOREVIEW, MN 55126 LVNV FUNDING LLC 15 SOUTH MAIN STREET, SUITE 700 GREENVILLE, SC 29601 CEDAR RIDGE HOMEOWNERS ASSOCIATION 4950 WILSON LANE MECHANICSBURG, PA 17055 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE 6TH FLOOR, STRAWBERRY SQ. DEPT. 280601 TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL PO BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. PO BOX 11754 ATTORNEY FOR THE MIDDLE DISTRICT OF 228 WALNUT STREET PA FEDERAL BUILDING HARRISBURG, PA 17108 Patrice M. Ross 907 Spring Circle Mechanicsburg, PA 170554055 Patrice M. Ross 44 South Hanover Street C/o: Jacqueline M. Verney, Esquire Carlisle, PA 17013 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.A. S 4904 relating to unsworn falsification to authorities. Dater Phelan Hallinan & Schmieg, LLP// ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena -Dunn, Esq., Id. No. 206779 ? C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 SUNTRL'ZST MORTGAGE, INC. a COURT OF COMMON PLEAS F r I C E V&UJARi CIVIL DIVISION 20i f MAR - I AM 10: 251' VS. : NO.: 07-5978 CIVIL TERM C-UMBEFti.AND CDUN i y: RHODY K. ROSS PENNSYLVANIA . Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $141,031.09 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 Parcel No. 42-24-0792-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,031.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. TITLE TO SAID PREMISES VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369 PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 PARCEL NO. 42-24-0792-009 I n r-4 C -'T1 --4 r .- cn , ? w C-) f77) r „w.?l V..J T-9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RHODY K. ROSS No.: 07-5978 CIVIL TERM Defendant RULE AND NOW, this 13` day of --d 2011, a Rule is entered upon the Defendant 01 to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT r ai Id Rhaltiso,?-F. (setts ? ?S9. Owes Mr v o K .`Doss de?'? ??? 'oK? I 163262 nL:UI I FAIR 20 I I • . UMBERLAND COUNT-Y I ENNSYL VAWA 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RHODY K. ROSS Defendant No.: 07-5978 CIVIL TERM CERTIFICATION OF SERVICE 163262 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 3, 2011 was sent to the following individual on the date indicated below. RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 DATE: qJ19 J// By: L Lawrence T. P an, sq., Id. No. 32227 ? Francis S. Hallin sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 aSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 163262 Phelan Hallinan & Schmieg, LLP ti IN THE COURT OF COMMON PLEAS "T? OF CUMBERLAND COUNTY, PENNSYLVANIA-Q3 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNT 7- W Plaintiff, zr- ro o COURT OF COMMON PI -r--n - V. ? sr ? n CIVIL DIVISION' C:) RHODY K. ROSS Defendant(s) No.: 07-5978 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C 'MUM eturn Receipt stamped by the U.S. Postal Service is attached heret ibit Date: L_j Lawrence T. Phelalf, Esq., Id. No. 227 rancis S. riaft ani,sq., Id. No. 6 95 ? Daniel G. Schmieg, Esq., Id. No. 205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORT NT N TICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 163262 E i f7 a? U c? z?`? C G WWz?? xa c a0a v a C „C C zeo ? V O Eg.S u d L W • ItlW woa?a ooo o?0 300odi7 95ZL .8 . ? ? WL Z 0 l OZ 6Z atlW 9Z• ? o A ? •? D , t ? ••cc?? 5? 8 O 10 ? O ° Q a + o wGhgw o - o o Lr; g E . co m •? p O ? O .n :. u N z ?g$ ua ??wa w w O w z a o c w .a w u ? V A a ? dry ? ERE. w Qn G W r ? W U ti w o+ ? r 0 ? ? w o ? 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W Vr Fpp+ (?s F F F ? 5i aCa uxc3 a' ? ? •? a? A ? iL W r7 U ?' f?1 v ?+ a V ?i ?? 4.r w? a _> ? . e e ?•v? ? ? d 5 ? ? w ? d z N M ' ~ wG? pp.,, D O ? ?" •?•? L DN '?+ w.?C ?y ° pd a E, " " "N ? W p wGti O0w9 ? _ °e D Ad a a o rh 0 UpP4 ? " O 9 d • p!? ° b a ? a O w Gj N •+ ?a. o w w ayy'•° 9 ?'w °?° 0,0 5 V 3 w ?' z U zo? ?Cpoq ?p?? Op?q N ? C ?6 u 8Z ? r CG Ww ..S aco ?o Ao z ? ae z W°`W H M as r??U •; oQ ? Uadg " S a CA ?a 0 dw 3 z AG c? ? W U 2 g E w o aaad?" w v;oa ? .. N ? d ? Hx p T a a "'" N M er kA ?p h o0 OS .~i Nr .Mr .?•? tn R F- a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff vs. RHODY K. ROSS No.: 07-5978 CIVIL TERM Defendant ORDER AND NOW, this /I"' day of p. &,.t , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 1, 2011 Per Diem $22.41 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow Deficit TOTAL Civil Division $116,807.62 $33,387.62 $1,167.60 $1,800.00 $1,675.00 $2,595.8 $10,310: - $167,744'.56" rn -- `' o Q) I CUMBERLAND County Plus interest from June 1, 2011 through the date of sale at six percent per annum. L c : •' Note: The above figure is not a payoff quote. Sheriffs commission is not included i14 th+?-]abo?ve figure. ?®1..r. Qroldrr,oL,,, ii hcdy i 4iesma;Lod BY T E COURT J. 163262 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas .Qn Plaintiff G Civil Division 00 vz? n vs CUMBERLAND County n s `. K. ROSS RHODY ?. Defendant No. 07-5978 CIVIL TERM -pC:) c,) = Z3 rC-- PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.%C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute GREEN TREE CONSUMER DISCOUNT COMPANY as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: GREEN TREE CONSUMER DISCOUNT COMPANY is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 05/16/2011 in Mortgage Instrument No. 201114015 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: M 23, 2011 PHELAN LL N,& SCHMIEG, LLP By: Lawrence T. Phel E ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 163262 Attorneys for Plaintiff i-- o© =? zT z - ,r Ai4f C,G7t /D??Gb.? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff vs RHODY K. ROSS Defendant Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 07-5978 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of GREEN TREE CONSUMER DISCOUNT COMPANY, located 7360 SOUTH KYRENE ROAD, MAIL STOP T317, TEMPE, AZ 85283. Date: May 23, 2011 PHELAN HALLINA CNMIEG, LLP By: Lawrence T. Phelan, Esq., rd-go. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq., Id. No. 58745 Aheetal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 163262 Attorneys for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GREEN TREE CONSUMER DISCOUNT COMPANY. Date: May 23, 2011 PHELAN H L Ni SCHMIEG, LLP By: Lawrence T. Phel , Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju th T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 163262 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. RHODY K. ROSS Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to GREEN TREE CONSUMER DISCOUNT COMPANY and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 Date: 1 By: Lawrence T. Phelan, d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff vs RHODY K. ROSS Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 07-5978 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF t" W PURSUANT TO Pa.R.C.P., 2352 Z TO THE PROTHONOTARY: Kindly substitute GREEN TREE CONSUMER DISCOUNT COMPANY as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: GREEN TREE CONSUMER DISCOUNT COMPANY is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 05/16/2011 in Mortgage Instrument No. 201114015 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: MaY?tr, 2011 IN9DISCHMIEG, LLP , Id. No. 32227 PHS# 163262 --Francis S. Hallinan, sq., o. Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Apdrew C. Bramblett, Esq., Id. No. 208375 ./Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff -a rY? Vo C) ot ? - N ? co -C od 48 'o )qw1 go /GP*4q l!!Op'OG/7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff' SUNTRUST MORTGAGE, INC. Plaintiff vs RHODY K. ROSS Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County No. 07-5978 CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of GREEN TREE CONSUMER DISCOUNT COMPANY, located 7360 SOUTH KYRENE ROAD, MAIL STOP T317, TEMPE, AZ 85283. ,_ --------"? Date: Ma 2011 PHELAN.HALf1NA MIEG, LLP B Lawrence T. Phelan o. Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 An ,drew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 163262 Attorneys for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of GREEN TREE CONSUMER DISCOUNT COMPANY. Date: Mayz 2011 PHELAN HAL-tfA HMIEG, LLP Lawrence T. Phelan, E o. Francis S. Hallin sq., Id. No. 62695 Dame , Esq., Id. No. 62205 Michele M. Br d, Esq., Id. No. 69849/ Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 163262 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. RHODY K. ROSS Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5978 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe to mark judgment to GREEN TREE CONSUMER DISCOUNT COMPANY and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 Date: B• Lawrence :Phelan Esq., Id. No. 62695 Daniel G. Sch sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Alison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F I "I_?, Sheriff C';- T- 3 " 1 i `' n?% i ^ % ?;itr of t?uu6rf??c? Jody S Smith Chief Deputy.: i? '!!C - 2 2: "s ; P11 ;-'- , Richard W Stewart ? L, ktr Cr?LR, V Solicitor ?YLWAN ` -` x ? f"'. Suntrust Mortgage Inc vs. Case Number . Rhody K Ross 2007-5978 SHERIFF'S RETURN OF SERVICE 03/18/2011 08:03 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 639 Cedar Ridge Lane, Mechanicsburg, PA 17055, Cumberland County. 03/18/2011 08:03 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Rhody K Ross at 639 Cedar Ridge Lane, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $749.01 August 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF V52 rd - ". J id Co , [s) COO TySuite .She-±i 72iacs 1 Inc SUNTRUST MQRTG? CAE, INC. Plaintiff RHODY K. ROSS Defendant(s) AFFIDAVIT PURSUANT TO RULE 31291 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 07-5978 CIVIL TERM CUMBERLAND COUNTY PHS # 163262 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055- 4455. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 170554455 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) ASSOCIATES FINANCIAL SERVICES 248 WEST SIDE MALL, OFFICE BUILDING COMPANY INC. EDWARDSVILLE, PA 18704-3117 FRANKLIN CREDIT MANAGEMENT 6 HARRISON STREET CORPORATION NEW YORK, NY 10013 Franklin Credit Management Corporation 4345 Galtier Street C/o: Resurgent Capital Services, L.P. Shoreview, MN 55126 Attn: Jessica Hagermann 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA RESURGENT CAPITAL SERVICES LP ATTN: JESSICA HAGERMAN LVNV FUNDING LLC CEDAR RIDGE HOMEOWNERS ASSOCIATION COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM reasonably ascertained, please indicate 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4345 GALTIER STREET SHOREVIEW, MN 55126 15 SOUTH MAIN STREET, SUITE 700 GREENVILLE, SC 29601 4950 WILSON LANE MECHANICSBURG, PA 17055 6TU FLOOR, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. PO BOX 11754 ATTORNEY FOR THE MIDDLE DISTRICT OF 228 WALNUT STREET PA FEDERAL BUILDING HARRISBURG, PA 17108 Patrice M. Ross 907 Spring Circle Mechanicsburg, PA 170554055 Patrice M. Ross 44 South Hanover Street C/o: Jacqueline M. Verney, Esquire Carlisle, PA 17013 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.A. & 4904 relating to unsworn falsification to authorities. Date: Y: Phelan Hallinan & Schmieg, LL>/ ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena Dunn, Esq., Id. No. 206779 ? C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION RHODY K. ROSS VS. NO.: 07-5978 CIVIL TERM Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RHODY K. ROSS 639 CEDAR RIDGE LANE MECHANICSBURG, PA 17055-4455 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 is scheduled to be sold at the Sheriffs Sale on 06101011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $141;031-09-obtained by- --- -- - SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3,. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. RHODY K. ROSS owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 639 CEDAR RIDGE LANE MECHANICSBURG PA 170554455 Parcel No. 42-24-0792-009 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,031.09 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows to wit: BEGINNING at the intersection of the northerly right of way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lots #C-2 and #C-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line a distance of 85 feet to a point at common open space; thence South 52 degrees 36 minutes 30 seconds West along common open space, a distance of 24 feet to a point on the dividing line between Lots # C-2 and #C-1; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to, a point on the northerly right of way line of Cedar Ridge Lane; thence along said northerly right of way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING CONTAINING 2,040 square feet, and being Lot #C-2 on a Final Subdivision Plan for Cedar Ridge Townhouses, prepared by John C. Brillhart, Surveying and Mapping Services, last revised on January 13, 1978 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 32, Page 73. UNDER AND SUBJECT to Restrictions as set forth in Cumberland County, Pennsylvania, in Miscellaneous Book 234, Page 835. FURTHER UNDER AND SUBJECT to restrictions on Plan of Subdivision recorded in Cumberland County, Pennsylvania, in Plan Book 32, page 73. TITLE TO SAID PREMISES VESTED IN Rhody K. Ross, by Deed from Jonathan V. Williams, single man, dated 02/08/2007, recorded 02/26/2007, in Deed Book 278, page 4369 PREMISES BEING: 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455 PARCEL NO. 42-24-0792-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONAICALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5978 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC. Plaintiff (s) From RHODY K. ROSS (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 $141,031.09 L.L. Interest from 6/11/2009 to Date of Sale ($23.18 per diem) - - $16,712.78 Atty's Comm % Due Prothy $2.00 Atty Paid $2, 83 -1. $ Other Costs Plaintiff Paid Date: 311111 David D. Bu 1, Prothonotar3L (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This day of mil re20 1,_ Prothonotary ?i:7rli,ILI Q. IQ On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 639 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator S-? :ZI 0 Z- f«, .1; CUMBERLAND LAW JOURNAL Writ No. 2007-5978 Civil Suntrust Mortgage Inc. vs. Rhody K. Ross Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 07-5978 CIVIL TERM, SUN- TRUST MORTGAGE, INC. vs. RHODY K. ROSS, owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 639 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055-4455. Parcel No. 42-24-0792-009. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $141,031- .09. 70 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 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. AV-v.,- ?-a - Lisa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 6 day of Ma 2011 L fz""Z) J. -;1L Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 (Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE f Pahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 21111IIW4 04 ? Tnft 04/29/11 05/06/11 Atfl?= >9?ilrriLi n ? ?. .... . By virwida Writ of Eabartion NO.07- ........ Li 5978 StINIRU OR MORMAG& INC. VS, Sworn to and ubscribed be m this .M ,day of May, 2011 A. D. RHODY X ROSS - Owner(s) it tnS le in the ? To V=ALLEN; CumberWW county, Pe awAv,bei?s Notary Public 639 CEDAR RIDGE LANE, MECHAMCSBt1R6, PA 17o354455 Phrml No. 42 24-{1M.M (Ac ap6rghwad*es) eoMMoNWEALTH OF PENNSYLVANIA hqu"emew thereon: RhWUNMIAL Notarial Seal JUDOMWf AMMUNT: $141,631.89 Sherrie Paxton Twpwp., Notary Public Lower Paxto, Dauphin County My Commission E)ow Nov. 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal national Mortgage Association is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 1 day of March, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5978, at the suit of Suntrust Mortgage Inc. against Rhody K. Ross is duly recorded as Instrument Number 201121379. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a day of A.D. &0 I W-V'W?' xa?-C- recorder o1 Deeds, CumberWd County, "M Nor her of eds My Conrnission Fires the Fu t Monday of Jan. 2014