The URL can be used to link to this page

Home My WebLink About08-0041PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166564 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 V. Plaintiff MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oft -14/ c1t "? C-T" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166564 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 #: 166564 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 4: 166564 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 #: 166564 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: MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/15/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. County, in Book: 1986, Page: 104. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 166564 6. The following amounts are due on the mortgage: Principal Balance $139,793.54 Interest $6,977.75 05/01/2007 through 01/02/2008 (Per Diem $28.25) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 03/15/2007 to 01/02/2008 Cost of Suit and Title Search 750.00 Subtotal $148,771.29 Escrow Credit $0.00 Deficit $3,048.40 Subtotal $3,048.40 TOTAL $151,819.69 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 #: 166564 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 $151,819.69, together with interest from 01/02/2008 at the rate of $28.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 1"A b91- By: f FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166564 LEGAL DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39- 36-2424-023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, Jr. and Bobbi J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. PARCEL NO: 39-36-2424-023 PROPERTY BEING: 18 SCRAFFORD STREET Pile I;. 166564 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. c Attorney for Plaintiff DATE: Z 0 C.) '?. mob. OD ti c o o Yi. 75-1 (/? - - M SHERIFF'S RETURN - REGULAR CASE NO: 2008-00041 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS BAUM MICHAEL J AKA MICHAEL J WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAUM BOBBI J the DEFENDANT , at 1034:00 HOURS, on the 14th day of January , 2008 at 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to BOBBI J BAUM a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/15/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff A. D. . 1 .,1 CASE NO: 2008-00041 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS BAUM MICHAEL J AKA MICHAEL J WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BAUM MICHAEL J AKA MICHAEL J BAUM JR the DEFENDANT , at 1034:00 HOURS, on the 14th day of January , 2008 at 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 BOBBI J BAUM by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.16 Affidavit .00 Surcharge 10.00 2j b Y !"" .00 48.16 Sworn and Subscibed to before me this day of , So Answers: F R. Thomas Kline 01/15/2008 PHELAN HALLINAN SCHMIEG By. 77 Depu y Sheriff A. D. was served upon 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 V. Plaintiff, MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-41-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 MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. and BOBBI J BAUM, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/3/08 to 3/3/08 TOTAL $151,819.69 $1,723.25 $153,542.94 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. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 'Scs o PRO ROTHY 166564 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schn ieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff' CIVIL DIVISION Vs. :CUMBERLAND COUNTY MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM : NO. 08-41-CIVIL TERM Defendants TO: MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. 18 SCAFFORD STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: FF.RRIiARV 5, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff Vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 08-41-CIVIL TERM TO: BOBBI J. BAUM 187 SCAFFORD STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: FEBRUARY S. 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Op? CUMBERLAND COUNTY BAR ASSOCIATION t 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 `V (800)990-9108 (?: ily Hainey, Legal Assist nt 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. V. Plaintiff, MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-41-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 MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. is over 18 years of age and resides at, 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. (c) that defendant BOBBI J. BAUM is over 18 years of age, and resides at, 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 t?, e.-f--s ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P 90 C) 0 .? 6. G4 d Z' ? F'r, A rn 3a r- ^ `o =I try r _- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-41-CIVIL TERM MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ,,,l A 2009. By: 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. MICHAEL J. BAUM, No. 08-41-CIVIL TERM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $153,542.94 Interest from 3/4/08 TO 6/11/08 $2,524.00 and Costs (per diem -$25.24) Add'1 Costs $1,943.50 TOTAL $158,010.44 2 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 166564 d OQ a? z ?a d H °z a 0 Op0 E c? a U ? H U 70 w o8 o 9 d W oa d 04 x V O UW ? w° w? O ? o w of w o W a 0o e4 N r r rl ? as C7 G7 as ? as zz as al a W W 00 A4 fZ ?° aLZ cn ? ? a? v u, tol. 00 000)°S'0 ,It 110 kr) O -s arm rn i cat 3 LEGAL DESCRIPTIOIN All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39-36-2424- 023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, Jr. and Bobbi J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J. Baum, Jr. and Bobbi J. Baum, h/w, by Deed from S L Realty, LP, dated 03/15/2007, recorded 03/22/2007, in Deed Book 279, page 1149. BEING PREMISES: 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 BEING PARCEL NO. 39-36-2424-023 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. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. NO. 08-41-CIVIL TERM BOBBI J. BAUM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. S MIE SQUIRE Attorney for Plaintiff C= CO ofm CA) SUNTRUST MORTGAGE, INC. Plaintiff, V. MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-41-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name.- -MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Last Known Address (if address cannot be reasonably ascertained, please indicate) 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 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 Timothy Rine Crystal Rine reasonably ascertained, please indicate) P.O. Box 164 Newburg, PA 17240 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) Integrity Bank 3345 Market Street Camp Hill, PA 17011 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. Last Known Address (if address cannot be Name 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: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 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 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. Sec. 4904 relating to unsworn falsification to authorities. March 3, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff mr a "? W SUNTRUST MORTGAGE, INC. Plaintiff, V. MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM CUMBERLAND COUNTY No. 08-41-CIVIL TERM Defendant(s). TO: MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 March 3, 2008 BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 18 SCRAFFORD STREET SHIPPENSBURG PA 17257 is scheduled to be sold at the Sheriffs 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 $153542.94 , 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.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I . 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 a presentative 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 DESCRIPTIOIN All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39-36-2424- 023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, Jr. and Bobbi J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J. Baum, Jr. and Bobbi J. Baum, h/w, by Deed from S L Realty, LP, dated 03/15/2007, recorded 03/22/2007, in Deed Book 279, page 1149. BEING PREMISES: 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 BEING PARCEL NO. 39-36-2424-023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-41 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From MICHAEL J. BAUM, a/k/a MICHAEL J. BAUM, JR., and BOBBI J. BAUM (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 $153,542.94 L.L.$ 0.50 Interest from 3/04/08 to 6/11/08 (per diem - $25.24) -- $2,524.00 Atty's Comm % Due Prothy $2.00 Atty Paid $183.16 Plaintiff Paid Other Costs $1,943.50 Date: 3/05/08 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP S 1C. Proth otary By: ? • MLR D' Deputy ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) MICHAEL J. BAUM, AXIA MICHAEL J. BAUM, JR. BOBBI J. BAUM SERVE MICHAEL J. BAUM, AWA MICHAEL J. BAUM, JR. AT: 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 08-41-CIVIL TERM ACCT. #166564 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Q` J? ,,SERVED Served and made known to M1, C ?a Defendant, on the day of , 2001, at (D ` G, o'clock f.m., at i' O SC'y'ac ?k?`? c ??T 110Q yCommonwealth 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: - If-- t I r 1 o" ,(? beer Height Weight Race ' "Sex Other 5 ?s? S Descr1iptvion_:. Age ? ( ?TIL j , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this WNW IL CAM of y , 200 tR lIN coma Notary : By: my OOIIIIII mom boom ftV 10,1011 c v ` PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. INDICATE ES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer lst Attempt: 3rd Attempt: Sworn to and subscribed before me this day of , 200: Notary: Time: Time: Vacant 2nd Attempt: / i 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 wA*A1? Y?,yq aNMMA VON" 102,01 vom 09"d MOWN"":> vu r-a ' I V li, r Q Elo _ k PLAINTIFF DEFENDANT(S) J. BAUM, JR. AFFIDAVIT OF SERVICE SUNTRUST MORTGAGE, INC. MICHAEL J. BAUM, A/K/A MICHAEL BOBBI J. BAUM SERVE BOBBI J. BAUM AT: 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 08-41-CIVIL TERM ACCT. #166564 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 &v SERVED m Served and made known to , Defendant on the day of ? 200 at 15 " 3 4, o'clock Ism., at 8 SCY-a r ??K ? V' ?l 1 S V Y , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is RU ?'?"u 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: ss?s Descri tion: Ag I eight Weight Race W "-Sex Other 1, C zr r ' . Car code ent 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 = WK before me this LTLhdpy- Ul w IL C"M OtJVAA4-k- .200 Nola _ By. U flM?wa llum M cowl" Notary: > COIIIA1111 " 6011" aw 1o. Sol I PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. INDICATED TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_• One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AM ANSWON vw*.1t IAAMJ jolow 1 1lu3mw s1 VONOM/tM t iCK ,01 V40 4**o noftob i"O vu C7 C r ? - a 1T-T r\0 K: SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. No.: 08-41-CIVIL TERM VS. CUMBERLAND COUNTY MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 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: 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. 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, ESQUIRE j Attorney for Plaintiff o 7 a? ag cz o? r 9 b n N b U os ^?, C7 ? a wsyy?g? w?.8o y 0 o cr NR r? pl Vp. N R- ? O°? G N ti N 'x 8 R °f w "3. [9 O X ? y o N y 5?5g N n ? C Oaw 9 ro a al w N T?i Z 3 1 ,- ?Wnd pdO O b ,ddb z 5\ C) Z?Z?O 07? a co +-c7 3 ? n T w c) 0 ,qt w C C]9 b O? cr, D co o °?p~a O`La 4 W n N CA coo. G o to coo #* v: r c, a, G a K C n c ",z' c "°? x A ? v r te! r c ?? _ W J y oo t b C ? N W o c 0 0 r ? v Y cD p Z i 1 gYNEY 5 low V" $ 02 ,45d 02 MA 19103 0004218010 AILED PRONA ZIP GODS M r? b O CD ? cy o? ?- o a Q4 r A? ? c) co t.., ran o ? n a If* I b A .,? ":; <- , ?_ - ?. ? 4.} ,:;J ? r,?? _ y s'' _? ? --• ? ..-? - ° 3 ': T'[ ! ?? rt • ?°i.7 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. Court of Common Pleas Plaintiff Civil Division vs. : CUMBERLAND County MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. No. 08-41-CIVIL TERM BOBBI J. BAUM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on January 3, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 5, 2008 in the amount of $153,542.94. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $139,793.54 Interest Through June 11, 2008 $11,451.41 Per Diem $28.25 Late Charges $0.00 Legal fees $1,250.00 Cost of Suit and Title $1,249.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $78.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $487.32 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $7,267.04 TOTAL $161,577.06 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 5, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Y: 4le. Za, LP f Attorney fo r Plaintiff w MAY 2 7 2008 Oy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-41-CIVIL TERM RULE AND NOW, this 2s' day of rrn?., 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 2 d a,7i alt-, --`f'C'L_ . O Rule Returnable an 4he - day 0 2008, at in dm-Main T E COURT 7 B 4-14 J. 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.bradfordkfedphe.com (2011 k -s- scar C'C? 19129/oe ?:=/Y? MICHAE J. BAUM A/K/A ICHAEL J. BAUM, JR. BOB J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 166564 rt f ) GS T 0. THEE t?ciNN.S'Y VANIIA PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-41-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 DATE: s;)" I rrichdle 1 ' i g, LLP B . B a fo , Es ire Attorney for Plaintiff ' r- a ?, r ?, ? ?? ??- .-; N ? f ? ? ' _, a ? . ? YJ t , /fY ? .? . w• ?i? ?,? - t.w MAY E7 2008 mY 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. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. No. 08-41-CIVIL TERM BOBBI J. BAUM : Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. and BOBBI J. BAUM executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: b By: Auorney ror Yiamtitt Exhibit "A" C ri Z' co PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (15 563-7000 166564 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE URN tiV?j and PLEASE RET RY ct?jpy Of the b9?'? ???,le `ik'd !;,cif reonrd File 1l: 166564 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 attomey 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 S: 166564 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 #: 166564 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 #: 166564 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. MICHAEL J. BAUM A/KIA MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/15/2007 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. County, in Book: 1986, Page: 104. 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. hic #: 166564 6. The following amounts are due on the mortgage: Principal Balance $139,793.54 Interest $6,977.75 05/01/2007 through 01/02/2008 (Per Diem $28.25) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 03/15/2007 to 01/02/2008 Cost of Suit and Title Search 750.00 Subtotal $148,771.29 Escrow Credit $0.00 Deficit $3,048.40 Subtotal $3,048.40 TOTAL $151,819.69 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 #: 166564 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 $151,819.69, together with interest from 01/02/2008 at the rate of $28.25 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. By: PHELAN HALLINAN & SCHMIEG, LLP r? I k&"- a-- 10.1 t 9f- FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File k: 166564 LEGAL DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39- 36-2424-023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, Jr. and Bobbi.J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. PARCEL NO: 39-36-2424-023 PROPERTY BEING: 18 SCRAFFORD STREET File a: 166564 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. t Attorney for Plaintiff DATE. 2 0 dr Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identitieation 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, BAUM, JR. CUMBERLAND . COURT AS ' CIVI NO. 08-41-CIVIL TERM STREET PA 17257 , C Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TOzc' ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 cia ?S Kindly enter an in rem judgment in favor of the Plaintiff and agaiY A MICHAEL J. BAUM JR. and BOBBI J. BAUM Defextdaiif§ uF,?"to file an Answer ) to Plaintiffs Compl*t wi§ia 0 days from service thereof and frlr Foi lii+s re and Sale of the mortgaged premises,' and dsse. Plaintiff's damages as follows: :<z=i J'j As s t., e omplaint $151,819.69 Inteisst 1/3/08 to 3/3/08 $1,723.25 TOTAL' $153,542.94 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) arc as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. .' s ANII Attom y W DAMAGES ARE. REW ASSESSED AS INPI DATE: 05 08 166564 GATED. PRO OTHY Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 5, 2008 MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RE: SUNTRUST MORTGAGE, INC. vs. MICHAEL J. BAUM, A/K/A MICHAEL J. BAUM, JR. and BOBBI J. BAUM Premises Address: 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 08-41-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Friday, May 9, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V S.r h , , E squire For Phelan Hallinan & Schmieg, LLP Enclosure VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: By: Tch MBradfor P Attorney forPlaintiff 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 vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-41-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of was sent to the following individual on the date indicated below. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 11' a z S hmieg, LLP DATE: 3 By: ---- Attorney for Plaintiff C-1 ° c?a i c j,- c,n 1W >. r' PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-41-CIVIL TERM PRAECIPE Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 23, 2008 in the above referenced action. DATE: 4?41 0? llin & c ieg, LLP By: MMch e M. ra ford, E quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-41-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. MICHAEL J. BAUM A/K/A MICHAEL J. BAUM, JR. BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 DATE: X4&- (P Melli, chmieg, LLP By: ra ford, Esquire Attorney for Plaintiff rrl Z _ '. . r? "p J= In COMM,NWEALTH OF PENNSYLVANIA C UNTY 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 FANNIE MAE is the grantee the same having been sold to said grantee on the 11 TH ay of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 41, at the uit of SUNTRUST MTG INC against MICHAEL J BAUM AKA MICHAEL J BAUM JR & BOBBI J s duly recorded as Instrument Number 200820751. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this ?2 day of A-AQ -1 A.D. of Deeds Rsdor 01 UCSUS, ?w"WolkM WWh CNUW, PA MY COeuei "Eviros ft FW MW4q OfJOL 2010 Suntr?t Mortgage, Inc. In the Court of Common Pleas of vs Cumberland County, Pennsylvania Michael J. Baum, a/k/a Michael J. Baum, Jr., Writ No. 2008--V7 Civil Term and B bbi J. Baum -41 Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1402 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Michael J. Baum, a/k/a Michael J. Baum, Jr., and Bobbi J. Baum by making known unto Bobbi Baum personally and adult in charge for Michael Baum at 18 Scrafford Street, Shippensburg, Cumberland Count, , Pennsylvania its contents and at the same time handing to her personally the said true and correc copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 20 )8 at 1402 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 Michael J. Baum, a/k/a Michael J. Baum Jr., and Bobbi J. Baum located at 18 Scrafford Street, Shippensburg, 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 defendants, to wit: Michael J. Baum a/k/a Michael J. Baum, Jr., and Bobbi J. Baum by regular mail to their last known address of 18 Sc afford Street, Shippensburg PA 17257. This letter was mailed under the date of April 17, 2008 d never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Mark t Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Th mas Kline the sum of $997.06. Sheris costs: Docketing Poun age Posti Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of bills Distribution of proceeds Sheriff's deed 30.00 19.55 15.00 15.00 48.00 10.00 .50 2.00 38.40 15.00 30.00 355.00 339.38 14.73 25.00 39.50 $997.06 ??zo I 0 4S•W a U'a l"", C-0 - Uz.. f. ? ?; 7g ?7iv7z q So R. Thomas Kline, Sheriff BY Real ? • II SUNTR ST MORTGAGE, INC. MICH E JR. Plaintiff, J. BAUM, A/K/A MICHAEL J. BAUM, J. BAUM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-41-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNT UST MORTGAGE INC. Plaintiff in the above action, by its attorney, DANIEL G. SCHM EG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the followi g information concerning the real property located at ,18 SCRAFFORD STREET, SHIPP NSBURG PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name MICE] A/K/A BOBB. 2. Nan J. BAUM, 3AEL J. BAUM, JR. J. BAUM Last Known Address (if address cannot be reasonably ascertained, please indicate) 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 and address of Defendant(s) in the judgment: Same als above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real nronert to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Timot y Rine P.O. Box 164 Crysta Rine Newburg, PA 17240 4. N e and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Integri Bank 3345 Market Street Camp Hill, PA 17011 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 interesi'maY be affected by the sale. Name None 7. N the pro Name Tenant/ Last Known Address (if address cannot be reasonably ascertained, please indicate) and address of every other person of whom the plaintiff has knowledge who has any interest in rty which may be affected by the sale: pant Relations of Cumberland County filth of Pennsylvania of Welfare of Pennsylvania TPL ( Estate DATE of Individual Tax ince Tax Division Revenue Service d Investors Tower at of Public Welfare alty Unit :overy Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 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 -rify that the statements made in this affidavit are true and correct to the best of my personal ;e or information and belief. I understand that false statements herein are made subject to the of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 2008 t DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff SUN"UST MORTGAGE, INC. Plaintiff, h'• MIC EL J. BAUM, A/K/A CHAEL J. BAUM, JR. BOBBI J. BAUM Defendant(s). TO: MICHAEL J. BAUM, rHIP A MICH AEL J. BAUM, JR. CRAFFORD STREET PENSBURG, PA 17257 CUMBERLAND COUNTY No. 08-41-CIVIL TERM March 3, 2008 BOBBI J. BAUM 18 SCRAFFORD STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR PTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA MT MPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. our house (real estate) at, 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, is i to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County ise, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $153,542.94 by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is 1, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS 'o 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. 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. 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 wil have of stopping the sale. (See notice on page two on how to obtain an attorney.) IF f ?If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find ou? the price bid by calling (215) 563-7000. 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find ou if this has happened, you may call (717) 240-6390. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the 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 distrib tion of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This sched a will state who will be receiving that money. The money will be paid out in accordance with this sc edule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff thin ten (10) days after the distribution is filed. You may also have other rights and defenses, or ways of getting your home back, if you act ly after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPO TANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the bsence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postp ed 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 DESCRIPTIOIN All that certain parcel of land and improvements therein situate in the Township of Southampton, C'o onore f Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39-36-2424- 023 an fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cum land County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limite Partnership. UNDE AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights f record to the extent valid and enforceable and still applicable to the above described premises. BEIN the same premises which became vested in Michael J, Baum, Jr. and Bobbi.J. Baum husband and wi e, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and record contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland OWNER TITLE O SAID PREMISES IS VESTED IN Michael J. Baum, Jr. and Bobbi J. Baum, h/w, by Deed from S Realty, LP, dated 03/15/2007, recorded 03/22/2007, in Deed Book 279, page 1149. PREMISES: 18 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2424-023 WRIT OF EXECUTION and/or ATTACHMENT C MMONWEALTH OF PENNSYLVANIA) C UNTY OF CUMBERLAND) NO 08-41 Civil CIVIL ACTION - LAW THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) M MICHAEL J. BAUM, a/k/a MICHAEL J. BAUM, JR., and BOBBI J. BAUM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. of You are also directed to attach the property of the defendant(s) not levied upon in the possession ) as follows: an 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 nyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a ga ishee and is enjoined as above stated. Due $153,542.94 L.L.$ 0.50 ;st from 3/04/08 to 6/11/08 (per diem - $25.24) -- $2,524.00 s Comm % Due Prothy $2.00 Attu Paid $183.16 P Other Costs $1,943.50 iff Paid 3/05/08 Q . IL. Proth notary By: Deputy JESTING PARTY: DANIEL G. SCHMIEG, ESQUIRE ss: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 iey for: PLAINTIFF lone: 215-563-7000 ne Court ID No. 62205 Real Estate Sale #70 On March 11, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 18 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference -QQ t? incorporated herein. Date: March 11, 2008 By: Real Estate ergeant `E :? cJ 9_ d?W 800Z JAI hie Patriot-News Co. 812 arket St. Harrisbu g, PA 17101 Inquiries - 717-255-8292 CUMB:RLAND COUNTY SHERIFFS OF CUMB RLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePatriot 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. That he is i Commonwealth of Harrisburg, County newspapers of gen The Patriot-News a all have been contii That the pr dai y and/or Sunday interested in the su plate and characte. That he hal behalf of The Patric sto:kholders and bi in and for said Coul PUBLICA nison, being duly sworn according to law, deposes and says: e Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the ennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of ?f Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News ral circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that d The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and aously published ever since; ited notice or publication which is securely attached hereto is exactly as printed and published in their regular Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is ject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, of publication are true; and personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the and of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds .y of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 > 11* .............. Sworn to ?aubscribed before me this 27 day of May, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Chyrle L. Shep-c-arci: Notary Public City Of Harnsou,g, uaupnin County My Commission Expires may 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #70 Writ No. 2008-41 Civil Term Suntrust Mortgage, Inc. VS Michael J. Baum, alk1a Michael J. Baum, Jr. and Bobbi J. Baum Attorney: Daniel Schmieg DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 39- 36-2424-023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, h and Bobbi .J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J. Baum, Jr. and Bobbi J. Baum, hlw, by Deed from S L Realty, LP, dated 0311512007, recorded 0312212007, in Deed Book 279, page 1149. BEING PREMISES: 18 SCRAFPORD STREET, SHIPPENSBURG, PA 17257 BEING PARCEL NO. 39-36-2424-023 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH 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 period cal 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, 9, and May 16, 2008 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 matte of the aforesaid notice or advertisement, and that all allegations in the foregoing as to time, place and character of publication are true. iia Marie Covnii. Editor SWOIRNN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 YA" NW&M &US NO. TO Writ No. 2008-41 Civil Suntrust Mortgage, Inc. vs. Michael J. Baum, a/k/a Michael J. Baum, Jr. and Bobbi J. Baum Atty.: Daniel Schmieg LEGAL DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of Southampton, County of Cumberland, and Commonsyrealth of Pennsylvania, and designated as Parcel No. 39-36-2424-023 and more fully described in a Deed dated December 13, 2006 and recorded December 18, 2006 in Cumberland County in Deed Book 278, Page 89, granted and conveyed unto S L Realty, a Pennsylvania Limited Partnership. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and en- forceable and still applicable to the above described premises. BEING the same premises which became vested in Michael J, Baum, Jr. and Bobbi J. Baum husband and wife, by deed of S L Realty, LP, a Pennsylvania limited Partnership, dated March 15, 2007 and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael J. Baum, Jr. and Bobbi J. Baum, h/w, by Deed from S L Realty, LP, dated 03/15/2007, recorded 03/22/2007, in Deed Book 279, page 1149. BEING PREMISES: 18 SCRAF- FORD STREET, SHIPPENSBURG, PA 17257. BEING PARCEL NO. 39-36-2424- 023. -