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Home My WebLink About08-2061PHELAN 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 SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 170230 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- OIC&I ONil Te.rN CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170230 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 #: 170230 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 #: 170230 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 #: 170230 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: ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1 ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1448, Page 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was assigned to CRESTAR MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 574, Page 678. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. File #: 170230 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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. The following amounts are due on the mortgage: Principal Balance $110,841.57 Interest $4,909.28 08/01/2007 through 03/31/2008 (Per Diem $20.12) Attorney's Fees $1,325.00 Cumulative Late Charges $183.36 04/17/1998 to 03/31/2008 Cost of Suit and Title Search 750.00 Subtotal $118,009.21 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $118,009.21 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File 4: 170230 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 $118,009.21, together with interest from 03/31/2008 at the rate of $20.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. V LAWRENCE T. PHELAN, ESQ RE FRANCIS S. HALLINAN, ESQ RE DANIEL G. SCHMIEG, ESQUIR vMICHELE M. BRADFORD, ESQUIRE 1 • S ?I JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 170230 t AFTER RECORDING MAIL TO: MEMBERS 1ST FEDERAL CREDIT UNION P.O. BOX 40 MECHANICSBURG, PA 17055 LOANNO.819746 `4J n _ -CUNT ?98 flP 23 P17 3 `f 7 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on April 1 7 . 1998 Robert W Kohut and Janice M Kunkle The mortgagor is MEMBERS 1ST FEDERAL CREDIT U N I 0 N , ("Borrower"). This Security Instrument is given to which is organized and existing under the laws of T H E U N I T E D S T A T E S OF A M E R I C A and whose address is P.O. BOX 40, MECHANICSBURG, PA 17055 Borrower owes Lender the principal sum of One Hundred Twenty Eight Thousand Six Hundred Fifty Dollars and "Lender") no/100 Dollars (U.S. $ 12 8 , 6 5 0 . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on M a y 1 , 2 0 2 8 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in D a u p h i n County, Pennsylvania: SCHEDULE "A" ATTACHED which has the address of 13 6 3 K i n e r B o u l e v a r d Carlisle [Street] [City] Pennsylvania 17 0 13 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. IPENNSYL PAANIA-S N 9LE FAMILY-FNMA/FRLMC UNIFORM INSTRUMENT?O?? , 9/?0 PAGE 1 OF 6 . 1448 PAGE ?„ EXHW LOAN NO. 819746 'THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. " Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. A PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT E °"' J13ff ISC/CMDTPA//0391/3039(9-90)-L PAGE 2 OF 6 BooK1448 PAGE,. FORM 3039 9/90 LOAN NO. 8 1 9 7 4 6 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting, from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT 80OK 1448 no 224 M FORM TA ISC/CMDTPA//0391 /3039(9-90)-L FORM 3039 9/90 PAGE 3 OF 6 LOAN NO. 8 1 9 7 4 6 In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. of this Security Instrument shall bind and benefit the successors and signs of Lender and Bo oThe wer,e subject to thereements provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT k -GE PAGE 4 OF 6 BOOK1448 kGE 225 FORM 3039 9190 LOAN NO. 8 1 9 7 4 6 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Pro rtthis Security Instrument; or Pe Y pursuant to any power of sale contained in Borrower: a (b) entry of a judgment enforcing this Security Instrument. Those conditions are that () pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property Environmental Law of which Borrower has actual knowledge. If Borrower llarnand any s, or is not fed by an Substance stance govern nmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. PENNSYLVANIA--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTPA//0391/3039(9-90)-L g60K PAGE 226 FORM 3039 9/90 PAGE 5 OF 6 LOAN NO. 8 1 9 7 4 6 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(RAdjustable Rate Rider ? Condominium Rider ? 1--4 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Balloon Rider El Biweekly Payment Rider ? Rate Improvement Rider ? Second Home Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ;Witnes Social Security Number Robert W Kohut (Seal) r Social Security Number , 1 7 9- 5 0- 2 10 4 a n i c e Security Number 188-62-1465 -(Seal) -Borrower (Seal) Borrower Social Security Number Certificate of Residence [Space Below This Line For Ack owledgmentl I, do hereby certify that the correct address of the within-named Mortgagee is P.O. BOX 40. MECHANICSBURG, PA 17055 Witness my hand this 17TH day of APRIL, 1998. COMMONWEALTH OF PENNSYLVANIA, t?//?? Agent of Mortgagee On this, the 17TH day of APRIL, 1998 ?-1'? County ss: R o b e r t W K o h u t a n d J a n i c e M K u n k l e 'before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the persons vd1ose names aresabscribed to the within instrument and acknowledged that t h e y executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official My Commission expires: 3 ), bzx, I c My 001 iaij PENNSYLVANIA-SINGLE FAMILY-FNMA/FluL MC LWIMRM INMUWNT ISC/C MDTPA//0391 /3039(9-90)-L PAGE 6 OF6 FORM 3039 9/9p r. OOK1448 Pact zzr ALL THAT CERTAIN tract of land with the improvements thereon situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. 564 (Kiner Boulevard), on the western line of a private right-of-way; thence along the latter, South 11 degrees 35 minutes 55 seconds East, a distance of 590.33 feet to an iron pin on the line of land now or formerly of Dennis B. Gotthard; thence along the latter, South 80 degreeslO minutes 00 seconds West, a distance of 180.00 feet to an iron pin on the line of land now or formerly of Elmer R. Reed; thence :along the latter, North 11 degrees 33 minutes 58 seconds West, a distance of 597.13 feet to a nail in the centerline of said township road; thence along the latter, North 82 degrees 20 minutes 02 seconds East, a distance of 180.00 feet to a nail, the Place of BEGINNING. CONTAINING 2,4500 Acres and being described according to a survey for Lester E. Smith, et ux, by Eugene A. Hockensmith, R.S. dated December 8, 1978. HAVING THEREON ERECTED a dwelling house and barn with an address of 1363 Kiner Boulevard, Carlisle, Pa. BEING the same premises which Harold S. Davis, Jr. and Linda L. Davis, husband and wife, by Deed dated May 8, 1997 and recorded at Cumberland County, Pa. in Deed Book 157 page 669, granted and conveyed unto Robert W. Kohut and Janice M. Kunkle. State of Pennsylvania County of Cumberland} 86 Recorded in the office for the recording of Deeds ect. ' and f Hand Coun Bo Voi. =. P _ vritn s my hand of o ce Carlisle, PA?t hand M of EXHIBIT "A" Book i,148 PAGE 228 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE Western LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, South 11 DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF ELMER R. REED; THENCE ALONG THE LATTER, North 11 DEGREES 33 MINUTES 58 SECONDS West, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, North 82 DEGREES 20 MINUTES 02 SECONDS East, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R.S., DATED December 8, 1978. TAX ID# 22-25-0047-014 PROPERTY BEING: 1363 KINER BOULEVARD File #: 170230 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 unsworn falsifications to authorities. WAtto"meyfor Plaintiff 1.1) ?811 DATE: 13110 r`°i ?? r- 'l? ' ? ? +w ...?.? 1 ' F 1 ""t > ? t '? ` V , i ,, T ^V ? ??? ? f, } ? 1 , W ? a... ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02061 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUNKLE JANICE M AKA JANICE KOHUT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT KOHUT 1363 KINER BLVD NOT FOUND , as to KUNKLE JANICE M AKA JANICE CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS Sheriff's Costs: Docketing Service Not Found Surcharge So a s: / 6.00 .00 5.00 Thomas Kline 10.00 Sh t'ff of Cumberland County .00 21.00 HHALLINAN SCHMIEG 04/15/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KOHUT ROBERT W the DEFENDANT , at 1824:00 HOURS, on the 11th day of April 2008 at 1363 KINER BLVD CARLISLE, PA 17013 ROBERT KOHUT 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 y/, P/a k (, 18.00 6.00 .00 10.00 .00 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/15/2008 PHELAN HALLINAN SCHMIEG By. Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS KOHUT ROBERT W ET AL 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 KUNKLE JANICE M AKA JANICE KOHUT the DEFENDANT , at 2049:00 HOURS, on the 11th day of April 2008 at 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 JANICE KUNKLE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.00 Affidavit .00 Surcharge 10.00 `11y/6F' ?? .00 25 00 . . Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/15/2008 PHELAN HALLINAN SCHMIEG By : ?J? ??- Deputy Sheriff A. D. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. ROBERT W. KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 CIVIL DIVISION NO. 08-2061 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT W. KOHUT and JANICE M KUNKLE A/K/A JANICE KOHUT, 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 $118,009.21 Interest from 04/01/2008 to 05/23/2008 $1,066.36 TOTAL $119,075.57 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. DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5L,?z/-oP 4L??R-gL PR PROTHY 170203 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. ROBERT W. KOHUT JANICE M KUNKLE A/K/A JANICE KOHUT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2061 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT W. KOHUT is over 18 years of age and resides at, 1363 KINER BOULEVARD, CARLISLE, PA 17013. (c) that defendant JANICE M KUNKLE A/K/A JANICE KOHUT is over 18 years of age, and resides at, 400 INDEPENDENCE COURT, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 6az'_',j P ?L_d D EL G. S HMIEG, E UIRE Attorney for Plaintiff 1205239990 BIDDING INSTRUCTIONS FORECLOSURE SALE DATE: 5/28/2008 The following are bidding instructions for this account. If you are instructed to bid total debt, please add your firms unpaid fees and costs. If property value greater than or equal to $500,000, bid BPO VS Total debt, lesser of the two. If property value is less than $500,000, bid 70% of value or 100% of debt whichever is less. Principal Interest Pro Rata MIP Escrow Advances Escrow Balance Late Charges Corporate Advances Pending Escrow Advances NSF Fees Other Fees Suspense Balance Restricted Escrow Int. on Advances for Taxes/Ins TOTAL DEBT BPO/APPRAISAL VALUE Occupancy Status : $137,267.98 $8,838.84 $0.00 $1,869.00 $-0.00 $177.00 $5,293.00 $0.00 $0.00 $30.00 $-0.00 $-0.00 $0.00 : $153,475.82 Add attorney fees and costs $180,000.00 OCCUPIED IF STATE LAW ALLOWS YOU TO BEGIN WITH A MINIMUM BID, BEGIN BIDDING WITH THE MINIMUM AMOUNT ALLOWED AND BID UP TO THE FINAL BID AMOUNT IF THERE IS COMPETITIVE BIDDING. YOU MUST ADVISE THIS OFFICE OF THE SALE RESULTS WITHIN 24 HOURS OF THE SALE. SALES RESULTS SHOULD BE SENT VIA VENDORSCAPE, AS WELL AS VIA EMAIL OR FAX. If you have any questions regarding these bidding instructions, please contact the Foreclosure Department immediately. 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. : COURT OF COMMON PLEAS Plaintiff Vs. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants TO: ROBERT W. KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 DATE OF NOTICE: MAY 2, 2008 : CUMBERLAND COUNTY : NO. 08-2061 CIVIL TERM 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 JON ZMMZAANN,,Legga11 Assistant : CIVIL DIVISION PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 561-1000 SUNTRUST MORTGAGE, INC. Plaintiff Vs. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants TO: JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 DATE OF NOTICE: MAY 2, 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 JA SE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-2061 CIVIL TERM MAN, Legal Assistant C? 4A.- 00 ? d 3 C 0 416 (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 V. Plaintiff, ROBERT W. KOHUT JANICE M KUNKLE A/K/A JANICE KOHUT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2061 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on M&V ?-7 2009 . By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, EIRE 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." ?- y (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. No. 08-2061 CIVIL TERM ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/24/08 TO 09/03/08 (per diem -$19.57) Add'1 Costs TOTAL $119,075.57 $2,015.71 and Costs $1;526.50 $122,617.78 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. 170230 0 0 d a C7 M rl O ? ax ? U ?I H z o ? ayw, ? w v ?O ? a d p' ?' ° ? Ow a aW ? o Uz a 3 ?w 40 wa o co ? aw 3 ? ? zA aA ?z O o ?o 760- ?k ?q. •?° A? ? oho gi 9= L ? cx? o o Q O O O3 W O d O a p O O' t. F r7 IP6 o 0 b O LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE Western LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, South 11 DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF ELMER R. REED; THENCE ALONG THE LATTER, North 11 DEGREES 33 MINUTES 58 SECONDS West, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, North 82 DEGREES 20 MINUTES 02 SECONDS East, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R.S., DATED December 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. TAX ID# 22-25-0047-014 BORROWER: KOHUT TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joints tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, h/w, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO. 22-25-0047-014 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROBERT W. KOHUT CIVIL DIVISION JANICE M. KUNKLE A/K/A JANICE KOHUT NO. 08-2061 CIVIL TERM Defendant(s). 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 ,1363 KINER BOULEVARD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Franklin Credit Management Corporation 101 Hudson Street, 25th Floor, Jersey City, NJ 07302 5. Name and address of every other person who has any record lien on the property: Name 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 1363 KINER BOULEVARD CARLISLE, PA 17013 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. MM 27, 2008 DATE DANIEL G. SCHMIE4ESQUI , Attorney for Plaintiff I C _ T{ C D c C\J =I'3 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. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2061 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ATTORNEY FOR PLAINTIFF ti: ? -:?, _? tV r ? r . -?r ?. , N `?-? ? ?? SUNTRUST MORTGAGE, INC. Plaintiff, V. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendant(s). CUMBERLAND COUNTY No. 08-2061 CIVIL TERM May 27, 2008 TO: ROBERT W. KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1363 KINER BOULEVARD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,075.57 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. e 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 I LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE Western LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, South 11 DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF ELMER R. REED; THENCE ALONG THE LATTER, North 11 DEGREES 33 MINUTES 58 SECONDS West, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, North 82 DEGREES 20 MINUTES 02 SECONDS East, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R.S., DATED December 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. TAX ID# 22-25-0047-014 BORROWER: KOHUT TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joints tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, h/w, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO. 22-25-0047-014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2061 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From ROBERT W. KOHUT, JANICE M. KUNKLE a/k/a JANICE KOHUT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,075.57 L.L.$ 0.50 Interest from 5/24/08 to 9/03/08 (per diem - $19.57) - $2,015.71 and Costs Atty's Comm % Atty Paid $199.00 Plaintiff Paid Date: 5/28/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,526.50 rothonotary By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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. ROBERT W. KOHUT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JANICE M. KUNKLE No. 08-2061 CIVIL TERM A/K/A JANICE KOHUT 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 1, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 27, 2008 in the amount of $119,075.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 3, 2008. 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 Interest Through September 3, 2008 Per Diem $20.12 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $110,841.57 $7,995.46 $389.31 $1,325.00 $776.50 $0.00 $264.75 $0.00 $54.69 $0.00 ($0.00) $1,048.00 $122,695.28 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. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 1, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ? t - Phelan Hallinan & Schmieg, LLP By: NMI Me. Bra Cfor? Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. CUMBERLAND County ROBERT W. KOHUT JANICE M. KUNKLE No. 08-2061 CIVIL TERM A/K/A JANICE KOHUT Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ROBERT W. KOHUT and JANICE M. KUNKLE A/K/A JANICE KOHUT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1363 KINER BOULEVARD, CARLISLE, PA 17013-9791. 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. ofN.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank ofPittsburgh v. Ciongoli, 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: qJ ? 6? tMih ieg, LLP By: e M. Bradford, E ire Attorney for Plaintiff EXhlblt «A» PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id..No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No: 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA., PA 19103 1215) 5634000 170230 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O: BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 O . ? , ' `?} F?"' ?71s ,? t1 . . ..t. m rte.,. y C? f n Om ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OT - aWl 0, ivil term-- CUMBERLAND COUNTY Defendants ?Ai?' We herei iy certify ORNE LE C opy We CIVIL ACTION -LAW to i7e'ItruG 8nd PLEASE R UAj COMPLAINT IN MORTGAGE FORECL co tho original filed Of r0c0- - File #: 170230 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 11: 170230 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 #: 170230 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 #: 170230 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: ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS ls'r FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1448, Page 222. By Assignment of Mortgage recorded 04/23/1998 the mortgage was assigned to CRESTAR MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 574, Page 678. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. File #: 170230 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 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. 6. The following amounts are due on the mortgage: Principal Balance $110,841.57 Interest $4,909.28 08/01/2007 through 03/31/2008 (Per Diem $20.12) Attorney's Fees $1,325.00 Cumulative Late Charges $183.36 04/17/1998 to 03/31/2008 Cost of Suit and Title Search 750.00 Subtotal $118,009.21 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $118,009.21 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 170230 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 170230 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 $118,009.21, together with interest from 03/31/2008 at the rate of $20.12 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 - It By. - LAWRENCE T. PHELAN, ESQ . FRANCIS S. HALLINAN, ESQ DANIEL G. SCHMIEG, ESQUI "11CHELE M. BRADFORD, ESQUIRE 1.1) S JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 170230 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE Western LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, South 11 DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF ELMER R. REED;. THENCE ALONG THE LATTER, North 1 I DEGREES 33 MINUTES 58 SECONDS West, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, North 82 DEGREES 20 MINUTES 02 SECONDS East, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R.S., DATED December 8, 1978. TAX ID# 22-25-0047-014 PROPERTY BEING: 1363 KINER BOULEVARD File #: 170230 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. Attorney for Plaintiff DATE: 43110- ( -B EXhlbit I--HALLINAN & SCHMIEG, L.L.P. IEL G. SCHMIEG ication No. 62205 rney for Plaintiff . PENN CENTER AT SUBURBAN STATION f617 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, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2061 CIVIL TERM ROBERT W. KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBERT W. KOHUT and JANICE M KUNKLE A/K/A JANICE KOHUT, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $118,009.21 Interest from 04/01/2008 to 05/23/2008 $1,066.36 TOTAL $119,075.57 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 170203 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 1, 2008 ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 RE: SUNTRUST MORTGAGE, INC. vs. ROBERT W. KOHUT and JANICE M. KUNKLE, A/K/A JANICE KOHUT Premises Address: 1363 KINER BOULEVARD CARLISLE, PA 17013 CUMBERLAND County CCP, No. 08-2061 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 Monday, July 7, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. MVely okdfo, A. qui re For Phelan Hallinan & Schmieg, LLP Enclosure £o L6 L 3000diz NOW 03JIVn g sooz Lo inr oLoslzbooo 3 o0Z'ZO $ VIL zo ; i3/111py A3N11d W® C? a w z M a O O U x w V Q w z w 'C Q Q z d' ? o v W O `7' g C F z .0 a o c" xa 0 x O r.i W o z ti a? L a d Q o V) O V) R y a °? ? ' °' ?a ac7 C) x U? p W z ? ? a w wa Q Ux a a0 C4 Z 0 0m a i i Z M M o 0 f) n x rl a C n . C H G O rh .?' 1.) z Q O a ~ N ri Iv l- I- In loo lo, P I~ I" I^ l" 1:2 7i 0.- g o C 'F u o H E E V d• EE?? b ?wn u o c a o 0 0 u .rv T.? MR. a ' •A u E V "0 .5 0 E1.1 U w 10 E b E ?. O ? C ? O ?•O V d O ? vg E W Q h G O G O 9 ON ??ovQ u ? :o o C 'S x a u ? aw o 0 a z? o? u 46 >, E z„ F iL 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. '?+ ? 6? DATE: he S hmieg, LLP By: ?MicheIJM! radford squire 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. ROBERT W.KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT W.KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 DATE: --?7 d q JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 MheBra?dforY, mieg, LLP By: squir e Attorney for Plaintiff - V rjuL 1 0 2008?,,4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff VS. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM AND NOW, this 11 ` day of 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. 4t..4. J? oLsy# 'tv- . Rule Returnable -- he day of meg a? i-4-4 --the Ma ' y4im , Pemtw BY THE COURT J. 7 '. . .?.. r { rf '7R rI i"f-?r?? RJ inr oooz .rh?e "w 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.bradford@fedphe.com ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 JANICE M. KUNKLE A/KJA JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 170230 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. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 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 a was sent to the following individual on the date indicated below.. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 DATE: U i) JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 P e chmieg, LLP By: Michele M. Aradford, Esquire Attorney for Plaintiff {!'l Y^?-.7 ?») 4,,,1 .??.?? ?t9 ^? f 1 ' ; t..«» Y..r ?{? '' ? Y? y4?-,1ry? , ..- ? .. ? ,r* ? ? _ -:> C . T ? ...ern, ...? ???f . * ? 1 ?? ri W ?,? ?- ? t?,?e...3 •.`w AFFIDAVIT OF SERVICE f- PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT SERVE JANICE M. KUNKLE A/K/A JANICE KOHUT AT: 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 08-2061 CIVIL TERM ACCT. #170230 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2008 Served and made known to UN ICI M. 1'C (AN K L L , Defendant, on the 3 +11 day of J bl lU E 200l at (0, o'clock T.m., at 400 1 N bFPeppQvcE 1?mG110T , ?(/( ¢? N ICS $U Q G , 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: Age Q ! Height 5 !3 ! Weight (A0 Race W Sex Other I, K19A1 A-(,D / Ul0 L` , 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 137 day N _ `y: , 200? Notary: f By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On the QTR 0iaNEW JERSEY 200-, at o'clock _.m., Defendant NOT FOUND because: Ml(C ver'0N EXPIRES 10/25/2012 o 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 ?- 9 1()6 f F" ___41 AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT SERVE ROBERT W. KOHUT AT: 1363 KINER BOULEVARD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 08-2061 CIVIL TERM ACCT. #170230 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2008 Served and made known to 8 013 F QT W • k 1o 14 Lk'- , Defendant, on the t ( 44' day of N 200?, at 7 : o'clock ?.m., at 13 63 K 1 NFR Sou c. A Rc .r- - 4R 1 st-9 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: Age 4Q' Height S'l / " Weight "X" Race W Sex M Other I, 'PvVQLD 440 LA_ , a competent adult, being duly sworn according to taw, 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 s cribed before me this T1 day of 31A-£ , 200. No?EASE By: V"?>a ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC ,fN JERSEY On a, , 200_, at o'clock _.m., Defendant NOT FOUND because: STCOS1dR Moved Unknown No Answer Vacant Ist Attempt: / / Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: 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 ?? 99 C? ? .c- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT NO. 08-2061 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1161 KINRR 1101li FVARD. CARLISLE, PA 1701j. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 4O p DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsenee of n r presen a iv of h plaintiff at the Sheriff's Cale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 170230 w bo r a° W w w 0 ? W C7 0?? ati v? ? U Q w ? U W tz Z3 a z w a M 0 0 > .-r a?i o ? w ?W?? O?X WW z a. ? aO?Da z OU?U ?Aa Q E 3 [ C) o N N > a? N O E E„r M i. 00 N L1. O k N E M - °? c o M CCS w? -j CL 3 N ¢ W a. I? ° 7 o o i oU N o v V cV c A ' l U ? L N 03 L: O t3 s0. C1? C O L E 0 3 ° Lo >M a NN.? ° c _ GI "? L dv ?¢ o ?D ?a cd ?0 C4 j o O ai c u V) 0 70 r) 0 C's z ° o$ 0 00 ?o a; LL .- V - u ao 0 C O,•K. 'y O vv°,"E C H ? Q ? u U J N $ H v ?.0 o ?.5 N ? O p 600 c ? '3 o u >,_ 0 0,_= E ?vv c 5 E v t ? ey 0 e? E wF°.0000 G v m v m 4.0 G vOi ?w A? 0 W 69 - ... O p O y T O !. E N m E ,n N a00i o 0 s u ? o a F •`s y w CL? 0 M O °D S q a z W Q o ?v U `" o aoE C), U H ? u x 3 0.o O y m ? z ? F a ei N o ? 00 a, a Cm ?} ? O Y Z FTI C7 i 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. ROBERT W. KOHUT JANICE M. KUNKLE A/KIA JANICE KOHUT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 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 July 9, 2008. 3. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on July 16, 2008, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of August 5, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: MBradford., g, LLP ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 9, 2008. A Rule was entered by the Court on or about July 11, 2008 directing the Defendants 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 July 16, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 5, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: he ieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" JUL 1 0 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff VS. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM RULE AND NOW, this day of 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. ot4y Rule Returnable E3ourtreem of the Cumber-land County l Pawasylvehia. BY THE COURT AI ? hF ' J. TRUE COPY FROM RECOAIL} h Testimony whereof, I here unto set my han0 nd tt? of said rt at Cart f rho f, r'?- d ?y Of=" I Pnruhor?t?ri?r i'7Iti`)2` Exhibit "B" n ^? C= 0 ?t -n c .' -n -Q Fi co J _J5 ?. ? X C) PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 1 One Penn Center, Suite 1400 ?VA 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000- SUNTRUST MORTGAGE, IN Plaintiff VS. ROBERT W. KOHUT JANICE M. KUNKLE A/KJA JANICE KOHUT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A. No. 08-2061 CIVIL TERM Defendants b 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.. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 DATE: U JANICE M. KUNKLE A JANICEKOHUT INDEPENDENCE COURT ? CHANICSBURG, PA 17050 PP e chmieg, LLP By: chele 44. radford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: J?i W P el al' n c i g, LLP By: Michele M. Bradford, squir 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. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013-9791 DATE: Op JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 Tina S hmieg, LLP By: nMi'l hele M. Bradford, squire Attorney for Plaintiff 4 C.._ rig t ;', c ?y AIM 12 2008 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff VS. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-2061 CIVIL TERM ORDER AND NOW, this day of 14f-' , 2008, upon consideration of Plaintiffs 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 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 $110,841.57 Interest Through September 3, 2008 $7,995.46 Per Diem $20.12 Late Charges $389.31 Legal fees $1,325.00 Cost of Suit and Title $776.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $264.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $54.69 $0.00 ($0.00) $1,048.00 $122,695.28 Plus interest from September 3, 2008 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. BJ. 170230 h7 ti- Q c' CO _ !? i3 ?s t C3 N U Suntrust Mortgage, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Robert W. Kohut and Janice M. Kunkle a/k/a Writ No. 2008-2061 Civil Term Janice Kohut Shannon K. Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2008 at 1348 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert Kohut, by making known unto Robert Kohut personally, at 1363 Kiner Blvd., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2008 at 0745 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Janice M. Kunkle a/k/a Janice Kohut, by making known unto Janice Kunkle personally, at 400 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2008 at 1511 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert W. Kohut and Janice M. Kunkle a/ka/ Janice Kohut located at 1363 Kiner Blvd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Robert W. Kohut and Janice M. Kunkle a/k/a Janice Kohut by regular mail to their last known addresses of 1363 Kiner Blvd., Carlisle, PA 17013 and 400 Independence Court, Mechanicsburg, PA 17050, respectively. These letters were mailed under the date of July 15, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 18.82 Posting Handbills 15.00 Advertising 15.00 Auctioneer Law Library .50 Prothonotary 2.00 Milage 22.00 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 359.00 Patriot News 415.01 Share of Bills 17.64 $ 959.97 R. T he as Kline, ' f BY -ra a06Tjk U2.. G 4 a4,c A41- .7)s0 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ROBERT W. KOHUT CIVIL DIVISION JANICE M. KUNKLE A/K/A JANICE KOHUT NO. 08-2061 CIVIL TERM Defendant(s). 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,1363 KINER BOULEVARD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Franklin Credit Management Corporation 101 Hudson Street, 25th Floor, Jersey City, NJ 07302 5. Name and address of every other person who has any record lien on the property: Name 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 1363 KINER BOULEVARD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h 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 unworn falsification to authorities. May 27, 2008 DATE DANIEL G. SCHMIEG, ESQtJI Attorney for Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff, V. ROBERT W. KOHUT JANICE M. KUNKLE A/K/A JANICE KOHUT Defendant(s). CUMBERLAND COUNTY No. 08-2061 CIVIL TERM May 27, 2008 TO: ROBERT W. KOHUT 1363 KINER BOULEVARD CARLISLE, PA 17013 JANICE M. KUNKLE A/K/A JANICE KOHUT 400 INDEPENDENCE COURT MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR A7TEMPTING 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 YTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 1363 KINER BOULEVARD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 3.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,075.57 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 LEGAL DESCRIPTION i ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROAD NO. 564 (KINER BOULEVARD), ON THE Western LINE OF A PRIVATE RIGHT-OF-WAY; THENCE ALONG THE LATTER, South 11 DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF ELMER R. REED; THENCE ALONG THE LATTER, North 11 DEGREES 33 MINUTES 58 SECONDS West, A DISTANCE OF 597.13 FEET TO A NAIL IN THE CENTERLINE OF SAID TOWNSHIP ROAD; THENCE ALONG THE LATTER, North 82 DEGREES 20 MINUTES 02 SECONDS East, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES AND BEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMITH, ET UX, BY EUGENE A. HOCKENSMITH, R.S., DATED December 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE AND BARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. TAX ID# 22-25-0047-014 BORROWER: KOHUT TITLE TO SAID PREMISES IS VESTED IN Robert W. Kohut and Janice M. Kunkle, as joints tenants with the right of survivorship, by Deed from Harold S. Davis, Jr. and Linda L. Davis, h/w, dated 05/08/1997, recorded 05/15/1997, in Deed Book 157, page 669. PREMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL NO. 22-25-0047-014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNT' OF CUMBERLAND) NO 08-2061 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From ROBERT W. KOHUT, JANICE M. KUNKLE a/k/a JANICE KOHUT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,075.57 L.L.$ 0.50 Interest from 5124/08 to 9/03/08 (per diem - $19.57) - $2,015.71 and Costs Atty's Comm % Atty Paid $199.00 Plaintiff Paid Date: 5/28/08 Due Prothy $2.00 Other Costs $1,526.50 Pr thonotary & ' i q A7 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 By: Deputy Real Estate Sale #57 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1363 Kiner Blvd., Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008 Q By: , Real Esta a Sergeant h 111 d b Z KVW 8001 'cad I., i ? The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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: 07/23/08 07130/08 08106/08 . . . . . . I r. F z? . . . . . . . . . . . . . . . . . . . . . . Sworn to and.sri:56c4ibed before me this 20 day-6f AgAt, 2008 A.D. Notary? blic C MMONWEANoITH 4da1 F PENNSYLVANIA NM? C,?'? COY hlMnbw, Pon bo NOV. 28, 2011 ?4eiod8Wn of Nobfts PAW ES Ma Sub No. 57 Writ No. 2ON-0061 Chill Term Suntruat Mortgage, Inc. VS Robert W. Kohut and Janice M. Kunkfb alWa Janke Kohut Attorney Daniel Schmiag LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LANDWITH THE IMPROVEMENT THEREON SITUATE IN MONROE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED ANDDESCRIBED AS FOLLOWS: BEGINNING AT A NAIL IN THE CENTERLINE OF TOWNSHIP ROADNO. 564 K94I R BOULEVARD), ON THE Western LINEOF A PRNATE RIGHT-OF-WAY; THENCE ALONG THE LATTER,. South 1 I DEGREES 35 MINUTES 55 SECONDS East, A DISTANCE OF 590.33 FEET TO AN IRON PINON THE LINEOF LANDNOWOR FORMERLY OF DENNIS B. GOTTHARD, THENCE ALONG THE LATTER, South 80 DEGREES 10 MINUTES 00 SECONDS West, A DISTANCE OF 180.00 FEET TO AN LIM PINON THE L NBW +A DW I1vlA1MI.Y* SAM TL 010h Tii@fE'B Atm T® U410L NOA it DBMS n MM M 58, SHEXJM WeK, A DOTANM OF 5070 PEST' TO A NAIL. IN TILE CENTERLINE OF SAID TOWNSHIP ROADTHENCE ALONG THE LATTER, North 82 DEGREES 20. MINUTES 02 SECONDS Fast, A DISTANCE OF 180.00 FEET TO A NAIL, THE PLACE OF BEGINNING. CONTAINING 2.4500 ACRES ANDBEING DESCRIBED ACCORDING TO A SURVEY FOR LESTER E. SMTTH, ET UX, BY EUGENE-A. HOCKENSMTTH, R.S., DATED December 8, 1978. HAVING THEREON ERECTED A DWELLING HOUSE ANDBARN WITH AN ADDRESS OF 1363 KINER BOULEVARD, CARLISLE, PA. TAX ID# 22-25-0047-014 BORROWER: KOHUT TITLE TO SAID PREMISES IS VliM IN Robert W. Kohut and Janice M. Kunkle, as joints r-nants with the right of survivorship, by Deed rrom Harold S. Davis, Jr. and Linda L. Davis, ht w, dated 05!06/1997, recorded 05115/1997, in Deed Book 157, page 669. REMISES BEING: 1363 KINER BOULEVARD, CARLISLE, PA 17013 PARCEL No. 22-25-0047-014 I' ?fie patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Of Ad 07/23/08 07/30/08 08/06/08 Sheriff Sale 57 9.38 $14.57 $ 136.67 Sheriff Sale 57 9.38 $14.57 $ 136.67 Sheriff Sale 57 9.38 $14.57 $ 136.67 Notary Fee I I I I $5.00 TOTAL DUE FOR THIS SALE: $ 415.01 JLC