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HomeMy WebLinkAbout08-2905PHELAN 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 563-7000 175172 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. THOMAS W. BOLIEW, JR. NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 175172 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 #: 175172 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 #: 175172 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 #: 175172 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: THOMAS W. BOLIEW, JR. NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200738638. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 175172 6. The following amounts are due on the mortgage: Principal Balance $163,095.93 Interest $6,929.68 11/01/2007 through 05/06/2008 (Per Diem $36.86) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 09/28/2007 to 05/06/2008 Cost of Suit and Title Search $750.00 Subtotal $172,025.61 Escrow Credit $0.00 Deficit $431.68 Subtotal $431.68 TOTAL $172,457.29 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 175172 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $172,457.29, together with interest from 05/06/2008 at the rate of $36.86 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: LAWRENCE T. PHELAN, E UIRE FRANCIS S. HALLINAN, E IRE DANIEL G. SCHMIEG, ESQUIRE V IICHELE M. BRADFORD, ESQUIRE ?, ?,(p p?9 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 #: 175172 LEGAL DESCRIPTION ALL the hereinafter described two contiguous lots, pieces or parcels of land situated in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a post on High Street at the corner of the Presbyterian Church lot; thence by said Church lot, Westwardly one hundred sixty-nine (169) feet to a post on a twelve (12) foot alley; thence by said alley, Northwardly one hundred (100) feet to a post; thence by said alley continued on the North, Eastwardly one hundred sixty-nine (169) feet to a post on High Street; thence along said High Street, Southwardly one hundred (100) feet to a post, the place of beginning. CONTAINING sixteen thousand nine hundred (16,900) square feet; each of said lots being fifty (50) feet front by one hundred sixty-nine (169) feet in depth and known in the general plot of said Borough; being improved with a two and one-half (2-1/2 ) story brick dwelling house. Parcel Number 24-21.-0390-625 PROPERTY BIENG: 206 NORHT HIGH STREET File #: 175172 VERIFICATION I hereby state that I am the attorney for Plaintiff i outside the ' n this matter, that. plaintiff is jurisdiction of the Court and/or the. verification cou the time allowed for Id not be obtained within the filing of the pleading, that 'am authorized to verification pursuant to Pa, make this R.C.P. 1024 (c), and that the statements made in Civil Action in Mortgage Foreclosure are the foregoing based upon information supplied by plaintiff and are true and correct to the best of my knowledge Furthermore, information and belief. rmore, counsel intends to substitute a verification from P ' Iarntiff upon receipt. The undersigned understands that this statement is of 18 Pa.C.S• -Sec. 4904 relating to unswom falsifications to authorities. DATE: -5444-8 Attorney for P ff e rz N cr co z -?c 1 crl .n iR .c 7 0 SHERIFF'S RETURN - NOT FOUND , CASE NO: 2008-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW THOMAS W JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT BOLIEW THOMAS W JR 206 NORTH HIGH STREET NEWBURG, PA 17240 PER NEIGHBOR, DEFENDANTS MOVED OUT. Sheriff's Costs: Docketing 18.00 Service 40.00 Not Found 5.00 Surcharge 10.00 .00 i./D?l?08 01, v' 73.00 So answers R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 05/28/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW NANCY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 206 NORTH HIGH STREET BOLIEW NANCY E NOT FOUND , as to NEWBURG, PA 17240 PER NEIGHBORS, DEFENDANTS MOVED OUT. Sheriff's Costs: Docketing Service Not Found Surcharge 404"0- --, So answers ; 6.00 .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN SCHMIEG 00/00/0000 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563_7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 08-2905 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. LLP By: i S. HALLdNAN, ESQUIRE 1CE T. PHELAN, ESQUIRE G. SCHMIEG, ESQUIRE for Plaintiff Date: Tune 13, /lxh, Svc Dept. File# 175172 c p V N a r b tO? `^b G A W l? A SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW THOMAS W JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOLIEW THOMAS W JR 206 NORTH HIGH STREET NEWBURG, PA 17240 MOVED OUT 7 MONTHS AGO; POSSIBLE FRANKLIN COUNTY ADDRESS Sheriff's Costs: Docketing Service Postage Surcharge Not Found `"/,510 P (?_ So answers: -- 18.00 10.00 ; .42 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 x.42 PHELAN HALLINAN & SCHMIEG 07/14/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02905 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW NANCY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 206 NORTH HIGH STREET NEWBURG, PA 17240 , BOLIEW NANCY E NOT FOUND , as to MOVED OUT 7 MONTHS AGO; POSSIBLE FRANKLIN COUNTY ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found So answers: 6.00 20.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 41.00 PHELAN HALLINAN & SCHMIEG 07/14/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02905 P Amended COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW THOMAS W JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 82 RUSTIC DRIVE NOT FOUND , as to BOLIEW THOMAS W JR SHIPPENSBURG, PA 17257 DEFENDANT MOVED OUT 7 MONTHS AGO. POSSIBLY LIVING IN FRANKLIN COUNTY. Sheriff's Costs: So answer . Docketing 18.00 Service 10.00 Postage .42 R. T omas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 ?6/6G/b? n i/ 43.42 PHELAN HALLINAN SCHMIEG 10/06/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02905 P Amended COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INCE VS BOLIEW THOMAS W JR 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 BOLIEW NANCY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DEFENDANT MOVED OUT 7 MONTHS AGO. POSSIBLY LIVING IN FRANKLIN COUNTY. Sheriff's Costs: Docketing Service Affidavit Not Found lb /6 z /0 So answers- ?- --''. 6.00 10.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County Sworn and Subscribed to before me this day of A. D. ..,.r -., --- T NOT FOUND , as to PHELAN HALLINAN SCHMIEG 10/06/2008 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ,.?Kncis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : CUMBERLAND COUNTY THOMAS W. BOLIEW, JR No. 08-2905 CIVIL TERM NANCY E. BOLIEW Defendants 11 . I TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ""'z / Lawrence T. Phelan, Esquire Z Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: April 22,E /lxh, Svc Dept. File# 175172 Q Fl UUtai }? . 4 1 1?, d? )? CCU -7'y 16 A#ae?w t/63,f W Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. COURT OF COMMON I Plaintiff CIVIL DIVISION VS. : CUMBERLAND COUNTY THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendants No. 08-2905 CIVIL TERM TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. n LLP `Lawrence T. Phelan, Esquire. Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire wren R. Tabas, Esquire?3 7 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff Date: June 9, 2009 /cdf, Svc Dept. File# 175172 05- FILED--fY-ICE OF E P _,Tf!O `I!?TARY 2009 JUN I I PM 12: 03 CUMLy-;?.?y? -1, uNTY P1-1--, i 4N ISvLMN1!A 00 'POL Sheriffs Office of Cumberland County R Sff lTho as Kline 6,10kr ct C'au"6rr4,4'0 Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE or rpaE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas W. Boliew Jr., but was unable to locate him in his bailiwick. Request for service at 13477 Mockingbird Lane Orrstown, PA 17244. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure ;according to law. 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas W. Boliew Jr., but was unable to Ipcate him in his bailiwick. Request for service at 107 Marco Circle Shippensburg, PA 17257. He therefor deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04128/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nancy E. Boliew, but was unable to locate lher in his bailiwick. Request for service 13477 Mockingbird Lane Orrstown, PA 17244. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a dilgent search and inquiry for the within named defendant, to wit: Nancy E. Boliew, but was unable to locate Iher in his bailiwick. Request for service 107 Marco Circle Shippensburg, PA 17257. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/29/2009 12:15 PM - Franklin County Return: And now May 29, 2009 at 1315 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complain in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas W. Boliew, Jr. by making known unto himself personally, defendant at 157 Lincoln Way East Chambersburg, PA 17201 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service 13477 Mockingbird Lane Orrstown, PA 17244. 05/29/2009 12:15 PM - Franklin County Return: And now May 29, 2009 at 1315 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the'within Complain in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas W. Boliew, Jr. by making known unto himself personally, defendant at 157 Lincoln Way East Chambersburg, PA 17,201 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service 107 Marco Circle Shippensburg, PA 17257. 06/01/2009 Franklin County Return: And now, June 1, 2009 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nancy E. Boliew the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Request for service 13477 Mockingbird Lane Orrstown, PA 17244. The defendant, Nancy E. Boliew now resides at 2753 Sandy Run Road Hopewell, PA 16650. 06/01/2009 Franklin County Return: And now, June 1, 2009 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Nancy E. Boliew the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Request for service 107 Marco Circle Shippensburg, PA 17257. The defendant, Nancy E. Boliew now resides at 2753 Sandy Ryan Road Hopewell, PA 16650. SHERIFF COST: $66.00 2008-2905 Dollar Bank June 11, 2009 vs Thanas W. Boliew SO ANSWERS, r R THOMAS KLINE, SHERIFF CASE NO: 2009-00128 T SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN SUNTRUST MORTGAGE INC VS THOMAS W AND NANCY E BOLIEW MATTHEW COOPER County, Pennsylvania, who being duly sworn according to law, says, the within REIN COMP MORT FORE was served upon BOLIEW THOMAS W JR the DEFENDANT , at 0013:15 Hour, on the 29th day of May , 2009 at 157 LINCOLN WAY EAST FRANKT,TN rn RHF.RTFF CIFFTrR CHAMBERSBURG, PA 17201 by handing to THOMAS BOLIEW AT FRANKLIN CO SHERIFF OFFICE a true and attested copy of REIN COMP MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and Subscribed to before me this day of c?rn? d A.D. Notary Deputy Sheriff of FRANKLIN So Answers: MATTHEW COO ER 00 By Deputy Sheriff 06/01/2009 PHELAN HALLINAN & SCHMIEG LLP COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00128 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SUNTRUST MORTGAGE INC VS THOMAS W AND NANCY E BOLIEW MATTHEW COOPER Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BOLIEW NANCY E to wit: but was unable to locate Her in his bailiwick. He therefore returns the REIN COMP MORT FORE , the within named DEFENDANT 107 MARCO CIRCLE SHIPPENSBURG, PA 17257 BOLIEW NANCY E NOT FOUND , as to NANCY NOW RESIDES AT 2753 SANDY RUN RD HOPEWELL PA 16650 Sheriff's Costs: So answers, Docketing .00 07 Service .00 Acee?&? ffidavit .00 MATTHEW COOPER Surcharge .00 DANE M ANTHONY, Sheriff .00 .00 PHELAN HALLINAN & SCHMIEG LLP 06/01/2009 Sworn and subscribed to before me this day of O A.D. ?a Notary COMMONWEALTH OF PENNSYLVANIM NOTARIAL SEAL public' RICHARD D. McCARTY, Notary Chambersburg Boro., Franklin C unt My Commission Expires Jan. 29, 11 ; In The Court of Common Pleas of Cumberland County, Pennsylvania Suntrust Mortgage, Inc. Thomas W. Boliew, Jr. 13477 Mockingbird Lane Orrstown, PA 17244 vs. Civil No. 2008-2905 Now, April 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of th? Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, MCLi oZQ Tt\ , 20 05 , at I " 1- o'clock ? M, served the within G v t, 1 4' upon by handing to---161- , W , X01, a Ce copy of the original Cv',i 60(,,0,1.,4 and made known to 7?,o d'1 cs, W , 1 0 I; ew the contents thereof So answers, Cam- . o? , Sworn a su scribed efore Me day ¢f 2009 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Suntrust Mortgage, Inc. Thomas W. Boliew, Jr. 107 Marco Circle Shippensburg, PA 17257 vs. Civil No. 2008-2905 Now, April 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, I g1 200j, at j (o'clock -_ -EM, serveki the within C'w<< ?a upon C,j_ Tr. at ?V?.atct?u <o . by handing to 1?s (i _ a C&L-n ;:e(q'p and made known to C . I ri copy of the original Me'-C W - &ue ?), -r-, So answers, Sheriff of Sworn ands "ribed before me s day` of blA, 20 09 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. MCCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 COSTS SERVICE_ MILEAGE_ AFFIDAVIT (l - c 'bo tufte'-'4- the contents thereof. County, SHERIFF'S RETURN OF SERVICE FRANKLIN COUNTY I Plaintiff(s) NUMBER 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. Defendant(s) SHERIFF'S NUMBER THOMAS W. BOLIEW, JR NANCY E. BOLIEW COST MILEAGE Serve At NANCY E. BOLIEW 13477 MOCKINGBIRD LANE ORRSTOWN, PA 17244 Special Instructions DISTRICT Summons .xx.. Complaint Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the day of , 20_, at olclock, _.m., at County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: , Deputy Sheriff On the _ day of , 20_, at _ o'clock, _.m., Defendant not found because: Moved _ Unknown _ No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, 1, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: , Deputy Sheriff. ATTORNEY FOR PLAINTIFF: Name Francis R Hallinan, Esquire Id. No. 62695 Address One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date File# 175172 SHERIFF'S RETURN OF SERVICE FRANKLIN COUNTY Plaintiff(s) SUNTRUST MORTGAGE, INC. Defendant(s) THOMAS W. BOLIEW, JR NANCY E. BOLIEW NUMBER 08-2905 CIVIL TERM SHERIFF'S NUMBER COST Serve At THOMAS W. BOLIEW, JR 13477 MOCKINGBIRD LANE ORRSTOWN, PA 17244 Special Instructions DISTRICT MILEAGE Summons -xL Complaint Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to Defendant, on the day of , 20_, at o'clock, _.m., at County of , Commonwealth of Pennsylvania, in the manner d6cribed below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. Other: SHERIFF Deputy Sheriff On the _ day of , 20_, at _ o'clock, _.m., Defendant not found because: _ Moved _ Unknown _ No Answer -Vacant -Other SHERIFF By: Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: , Deputy Sheriff. ATTORNEY FOR PLAINTIFF: Name Francis S_ H llinan, Esquire Id. No. 62695 Address One Penn C.Pnter Pl 7a Suite 1400 Philadelnhia, PA 191 01 TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date File# 175172 SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintiff(s) NUMBER 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. Defendant(s) SHERIFF'S NUMBER THOMAS W. BOLIEW, JR NANCY E. BOLIEW COST MILEAGE Serve At NANCY E. BOLIEW 107 MARCO CIRCLE SHIPPENSBURG, PA 17257 Special Instructions DISTRICT Summons xx Complaint Other Please deputize Franklin County TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the day of , 20_, at o'clock, _.m., at County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: , Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: _ Moved _ Unknown _ No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of serve this Complaint and make return thereof and according to law. SHERIFF By: Deputy Sheriff. ATTORNEY FOR PLAINTIFF: Name Francis S_ Hallinan}Fqqnirf- Id. No. 69695 Address One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date County to File# 175172 SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintiff(s) NUMBER 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. Defendant(s) SHERIFF'S NUMBER THOMAS W. BOLIEW, JR NANCY E. BOLIEW COST MILEAGE Serve At THOMAS W. BOLIEW, JR 107 MARCO CIRCLE SHIPPENSBURG, PA 17257 Special Instructions Please deputize Franklin County DISTRICT - Summons xx Complaint - Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the day of , 20_, at o'clock, _.m., at County of , Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: , Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: - Moved - Unknown _ No Answer -Vacant -Other SHERIFF By: , Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of serve this Complaint and make return thereof and according to law. County to SHERIFF By: Deputy Sheriff. ATTORNEY FOR PLAINTIFF: Name Francis S_ Hallinan, F,s quire Id. No. (2695 Address One Penn Center Playa Suite 1400 Philade hia, PA 19103 TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date File# 175172 In The Court of Common Pleas of Cumberland County, Pennsylvania Suntrust Mortgage, Inc. vs. Nancy E. Boliew 107 Marco Circle Shippensburg, PA 17257 Civil No. 2008-2905 Now, April 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to, a and made known to Swom and subscribed before me this day of 20 copy of the original. the contents thereof. So answers, snenrt of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Suntrust Mortgage, Inc. vs. Nancy E. Boliew 13477 Mockingbird Lane Orrstown, PA 17244 Civil No. 2008-2905 Now, April 28, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Sworn and subscribed before me this day of 20 Affidavit of Service 20 , at o'clock M, served the copy of the original, the contents thereof. So answers, Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA'. Sheriffs Office of Cumberland County R Thomas Kline Sheri ??tr aCr ,nbrry TH, Js ,", 1. ,x . Ronny R Anderson ?fie ?? Chief Deputy 2009 JUL -8 N't J: 51 Jody S Smith Civil Process Sergeant OFFICEC?F - ?--ERIFF ?i rj• r Edward L Schorpp r '' ?`•.; `L?;'".! .i;r'i Solicitor Suntrust Mortgage, Inc. vs. Case Number Thomas W. Boliew, Jr. 2008-2905 SHERIFF'S RETURN OF SERVICE 06/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nancy E. Boliew, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bradford County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/07/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1150 hours this Complaint in Mortgage Foreclosure upon defendant Nancy E. Boliew is returned not served as the complaint has expired. Request for attorney to send additional funds to deputize Bedford County Sheriff were never received. SHERIFF COST: $37.00 SO A July 07, 2009 R T MAS KLINE, SHERIFF V.. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ?Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 X15-561-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : No. 08-2905 CIVIL TERM TO THE PROTHONOTARY: ti Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. LAN HALLINAN & SCHMIEG, LLP By: 6 ence T. Phe , Esquire tricis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esqu* e Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Date: July 13, 2009 /lxh, Svc Dept. File# 175172 F}IL " t ID. ov Qtr Sheriffs Office of Cumberland County R Thomas Kline Fl r '.` -.,"M`: Sheriff ' 11- -=' r' v 4ttintr of ?" ?r?trbrt?? Ronny R Anderson Chief Deputy , 9 t : -x [C1 o I F, i yy F.?J? y • V yq Jody S Smith , Civil Process Sergeant OFF Ce F ' E s-ERtFP '- Edward L Schorpp Solicitor Suntrust Mortgage, Inc. vs. Case Number Thomas W. Boliew, Jr. 2008-2905 SHERIFF'S RETURN OF SERVICE 07/16/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas W. Boliew, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bedford County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/16/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Nancy E. Boliew, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bedford County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/30/2009 11:37 AM - Bedford County Return: And now July 30, 2009 at 1137 hours I, Charwin Reichelderfer, Sheriff of Bedford County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy Boliew by making known unto herself personally, defendant at 200 S. Juliana Street Bedford, PA 15522 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/06/2009 Bedford County Return: And now, July 30, 2009 at 1137 hours I, Charwin Reichelderfer, Sheriff of Bedford County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Thomas W. Boliew, Jr. the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Bedford and therefore return same NOT FOUND. Defendant is deceased. SHERIFF COST: $53.44 August 03, 2009 SO ANSWERS R THOMAS KL E, SHERIFF SHERIFF'S RETURN OF SERVICE Plaintiff(s) SUNTRUST MORTGAGE, INC. Defendant(s) THOMAS W. BOLIEW, JR NANCY E. BOLIEW Serve At NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 Special Instructions Please deputize BEDFORD County CUMBERLAND COUNTY NUMBER 08-2905 CIVIL TERM SHERIFF'S NUMBER COST MILEAGE DISTRICT _ Summons -xx- Complaint - Other TYPE OF ACTION Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to , Defendant, on the day of , 20_, at o'clock, _.m., at County of , Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendants 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 Defendants office or usual place of business. and officer of said Defendant company. Other: SHERIFF JJ /?/? By: T ??? - , Deputy Sheriff On thew day of 2009, at 937 o'clock, A.m., Defendant not found because: _ Moved _ Unknown _ No Answer -Vacant /?Wmer DEOEE- , SHERIFF By: Deputy Sheriff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF By: Deputy Sheriff ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date Sworn to and 3 )scn before me this day of 20? COWO"EALTH OF PENNSYLVANIA i Noland Sal Kim BBedforN Cho PuWiC 4Y LOm"Wion E*M 1 2013 Member, POP"OvOrM A"00"M of Notaries SHERIFF'S RETURN OF SERVICE CUMBERLAND COUNTY Plaintiff(s) SUNTRUST MORTGAGE, INC. Defendant(s) THOMAS W. BOLIEW, JR NANCY E. BOLIEW Serve At NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 Special Instructions Please deputize BEDFORD County NUMBER 08-2905 CIVIL TERM SHERIFF'S NUMBER COST MILEAGE DISTRICT - Summons xx Complaint - Other TYPE OF ACTION Mortgage Foreclosure OBE COMPLETED BY SHER t I., I F erved and made crown to A6U , DefendanLon?the day of , 20?at o'clockA.m., at County ofmWi= Commonwealth of nnsylvania, in the manner described below: X Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant'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 office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: -T ??Vd....--, Deputy Sheriff On the day of , 20_, at o'clock, _.m., Defendant not found because: Moved _ Unknown _ No Answer -Vacant -Other SHERIFF By: , Deputy Sheri ff DEPUTIZED SERVICE Now, this _ day of , 20 _, I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of serve this Complaint and make return thereof and according to law. SHERIFF By: , Deputy Sheriff ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY ATTEST Pro Prothy Date Sworn to and subscribed befm we &*Z& day oP-A,__, 20,W COW+oW ?T" OF PENNSYLVANIA NONWO 8" 2013 at Na?tas County to 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Jos ua 1. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-2905 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THOMAS W. BOLIEW, JR, and NANCY E. BOLIEW, 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 Plaintiff s damages as follows: As set forth in Complaint $172,457.29 Interest - 05/07/2008 to 09/03/2009 $17,877.10 TOTAL $190,334.39 I hereby certify that (1) the Defendants' last known addresses are 13477 MOCKING BIRD LANE, ORRSTOWN, PA 17244, and 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, and (2) that notice has been given in accordance with Rule 237.1, copy attached. By: ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779--- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: p PHS # 175172 PROTHONbTARY 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-2905 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant THOMAS W. BOLIEW, JR is over 18 years of age and resides at 13477 MOCKING BIRD LANE, ORRSTOWN, PA 17244. (c) that defendant NANCY E. BOLIEW is over 18 years of age and resides at 2753 SANDY RUN ROAD, HOPEWELL, PA 16650. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. t _ awrence Ti. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 J2 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s) TO: THOMAS W. BOLIEW, JR 13477 MOCKING BIRD LANE ORRSTOWN, PA 17244 NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: August 20, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: L ce T. Phelan, Es [l., Id. No. 32227 Fr is S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 ;Co Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 175172 lxh SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. THOMAS W. BOLIEW, JR NANCY E. BOLIEW NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: THOMAS W. BOLIEW, JR 107 MARCO CIR SHIPPENSBURG, PA 17257-8934 DATE OF NOTICE: August 20, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 L ence T. Phelan, Esq., Id. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 175172 lxh SUNTRUST MORTGAGE, INC. v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2905 CIVIL TERM THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s) TO: THOMAS W. BOLIEW, JR 23 S PRINCE ST SHIPPENSBURG, PA 17257-1919 DATE OF NOTICE: August 20, 2009 CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 At k By: La ce T. Phelan, Es ., Id. No. 32227 Fra s S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817j0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 175172 lxh SUNTRUST MORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2905 CIVIL TERM THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s) TO: THOMAS W. BOLIEW, JR 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DATE OF NOTICE: August 20, 2009 CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: La n T. Phelan, Esq., d. No. 32227 Fran 's .Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 70 Jenine R. Davey, Esq., Id. No. 87077 7? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 PHS # 175172 lxh 4 SUNTRUST MORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2905 CIVIL TERM THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s) TO: THOMAS W. BOLIEW, JR 206 NORTH HIGH STREET, PO BOX 312 NEWBURG, PA 17240-0312 DATE OF NOTICE: August 20, 2009 CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Lace T. Phelan, Ekq., Id. No. 32227 Fr s S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 810 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 175172 Ixh SUNTRUST MORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2905 CIVIL TERM THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s) TO: NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 DATE OF NOTICE: August 20, 2009 CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lxh Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 L ence T. Phelan, $sq., Id. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817f 0 Jenine R. Davey, Esq., Id. No. 87077/ Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 175172 lade SUNTRUST MORTGAGE, INC. V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Plaintiff Defendant(s) TO: NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 DATE OF NOTICE: August 20, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 175172 lath Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 • Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: _ L me T. Phelan, E q., Id. No. 32227 Fr is S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8 V60 Jenine R. Davey, Esq., Id. No. 8707f Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 175172 Ixh RLEa- T OF THE PROTHONOTARY 2004 SEP -9 AM 10: 23 PENNSYLVA10 4I,+.oo Po A` l-( C??' $y 905p p..t?` a3osso Ndhce U&tuQ (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-2905 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter please contact: By: fence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 2067,W Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/4/09-3/3/10 (per diem -$31.29) COURT OF COMMON PLEAS • CIVIL DIVISION NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY $190334.39 $5,663.49 TOTAL Note: Please attach description of property. 195,997.88 0 Lawrence T.TMan, Esq., Id. No. 32227 ? F)Mcis S. Hallinan, Esq., Id. No. 62695 R'Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 0 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 0 Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 0 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 0 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 175172 tj d> W V z w3 oW o x q° w p >3w 00 x &n U? U >- co U-) Z C? tV C.L Z.L' tLi t:.3 :? a L1 cv U 0 ad ?a ?a 10 W) O Nv??no?o ' - 0,,,a a N oo , .?r ; w MNN l? nc+1 ? ppZOcO? p 'a ?p?p Goo Ot+1N t?o001 NN G H x U z o 0z GZoo°, Gz 0Z WWWAA r? " G z " z b E d °' ;To S t; z.8 004 -0 A "I a 5 "g > 8 Aw r?'o..Sa op E- x v, ? ° 1A 8 co 9> d a N C7 ? aG a1 E pG 14 ? ? ? ? ? ? ? ? ? ? ? ? ? ? V E313 a ? Q (a%-= _a:1. '=s_Sr. 4v o-j 0 C6 o o o v oovv) . 0 SO •?ct?I?0000y D a 06 ki V z? ? PHELAN HALLINAN & SCHMIEG, L.L.P. 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. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney, hereby verifies that he/she 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: () the mortgage is an FHA mortgage. ( ) the premises is non-owner occupied. ( ) the premises is vacant. (X) Act 91 procedures have been fulfilled _ This certification is made subject to the penalti of l"a. C.S.A. § 4904 relating to unsworn falsification to authorities. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? yrancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff FILED-OFFICE OF THE PRM? U1 OTl iY 2009 OCT -5 PM 2'. 58 cum6t- --j .NNS5 LVANIA. SUNTRUST MORTGAGE, INC. . Plaintiff, V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 206 NORTH HIGH STREET, NEWBURG, PA 17240. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) THOMAS W. BOLIEW, JR NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 2753 SANDY RUN ROAD HOPEWELL, PA 16650 2. Name and address of Defendant(s) in the judgment: THOMAS W. BOLIEW, JR 206 NORTH HIGH STREET NEWBURG, PA 17240 NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 206 NORTH HIGH STREET NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true ect to the best of my personal knowledge or information and belief. I understand that false s tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification rities. September 30, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr?'ancis S. Hallinan, Esq., Id. No. 62695 [''Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff RIE FFICE 4F THc PRO T wrl NOTARY 2009 OCT -6 PM 2: 58 CUhE ;? ! .; : NTY P?`liNSYEVA.N1.A 1t SUNTRUST MORTGAGE, INC. Plaintiff, V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). September 30, 2009 : COURT OF COMMON PLEAS CIVIL DIVISION ' NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: THOMAS W. BOLIEW, JR NANCY E. BOLIEW 206 NORTH HIGH STREET 2753 SANDY RUN ROAD NEWBURG, PA 17240 HOPEWELL, PA 16650 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVED A DISCHARGEIN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 206 NORTH HIGH STREET, NEWBURG, PA 17240, is scheduled to be sold at the Sheriff s Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $190334.39 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 ex-1230. 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. t You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the hereinafter described two contiguous lots, pieces or parcels of land situated in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a post on High Street at the corner of the Presbyterian Church lot; thence by said Church lot, Westwardly one hundred sixty-nine (169) feet to a post on a twelve (12) -foot alley; thence by said alley, Northwardly one hundred (100) feet to a post; thence by said alley continued on the North, Eastwardly one hundred sixty-nine (169) feet to a post on High Street; thence along said High Street, Southwardly one hundred (100) feet to a post, the place of beginning. CONTAINING sixteen thousand nine hundred (16,900) square feet; each of said lots being fifty (50) feet front by one hundred sixty-nine (169) feet in depth; being improved with a two and one-half (2- 1/2 ) story brick dwelling house. BEING known as Cumberland County Parcel Identifier Tax Parcel Number 24-21.-0390-625 BEING THE SAME PREMISES VESTED IN Thomas W. Boliew, Jr. and Nancy E. Boliew, h/w, by Deed from R. Edward Whetstone and Wilma C. Whetstone, h/w, dated 09/28/2007, recorded 10/05/2007, in Deed Mortgage Inst# 200738637. PREMISES BEING: 206 NORTH HIGH STREET, NEWBURG, PA 17240 PARCEL NO. 24-21-0390-025 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. VS. THOMAS W. BOLIEW, JR NANCY E. BOLIEW owner(s) of property situate in the NEWBURG BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 206 NORTH HIGH STREET, NEWBURG PA 17240 Parcel No. 24-21-0390-025 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $190,334.39 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2905 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From THOMAS W. BOLIEW, JR and NANCY E. BOLIEW (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 $190,334.39 L.L. $.50 Interest from 9/4/09 - 3/3/10 (per diem - $31.29) -- $5,663.49 Atty's Comm % Due Prothy $2.00 Atty Paid $568.28 Other Costs Plaintiff Paid Date: 10/6/09 Curtis R. Long, Prothono (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 i -- Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. V, THOMAS W. BOLIEW, JR. NANCY E. BOLIEW COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT THOMAS E. BOLIEW, JR. AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: 1 w? Plaintiff, Suntrust Mortgage, Inc., by its counsel, Phelan Hallinan & Schmieg, LLP, hereby certifies that, to the best of its knowledge, information and belief, the Defendant Thomas W. Boliew, Jr. is deceased -- date of death June 14, 2009. Plaintiff hereby releases Thomas W. Boliew, Jr. from liability for the debt secured by the mortgage. As the property is owned by defendants Thomas W. Boliew, Jr. and Nancy E. Boliew as tenants by the entireties, upon the death of Thomas W. Boliew, Jr., Nancy E. Boliew became sole owner of the mortgaged premises as surviving/fen*t by the entireties. & SCHMIEG, LLP By: wr nce T. Phelan, Esquire rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jen. Davey, Esquire 2-31 a? uren R. Tabas, Esquir 3 J Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 V ivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. V. THOMAS W. BOLIEW, JR. NANCY E. BOLIEW COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: Thomas W. Boliew, Jr. was sent via first class mail to the following on the date listed below: Nancy E. Boliew 206 North High Street Newburg, PA 17240 C Dated: B wrence T. Phelan, Esquire ?' Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jew R. Davey, Esquire auren R. Tabas, Esquire(?333? Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorneys for Plaintiff 7 009 EC 23 F i1 L: J' T F r,Q?t 20'10 J N 26 F jV1?/ r' 1NiLV'1'4': :'a 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. NANCY E. BOLIEW Court of Common Pleas Civil Division CUMBERLAND County Defendant No. 08-2905 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 7, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 9, 2009 in the amount of $190,334.39. 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. A Sheriffs Sale of the mortgaged property at 206 NORTH HIGH STREET, NEWBURG, PA 17240 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 1:08-04486 on November 29, 2008. The Plaintiff was granted relief from the automatic stay by order of court dated February 20, 2009. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on March 3, 2010. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 March 3, 2010 Per Diem $36.86 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 $163,095.93 $31,438.61 $0.00 $1,500.00 $2,376.50 $0.00 $1,613.80 $0.00 $0.00 $0.00 ($0.00) $7,936.94 $207,961.78 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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 Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 19, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 "D". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? La ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. NANCY E. BOLIEW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2905 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE NANCY E. BOLIEW and THOMAS W. BOLIEW, JR 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 206 NORTH HIGH STREET, NEWBURG, PA 17240. The Mortgage indicates that in the event of 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, Defendant 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Defendant 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 Real ty, 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. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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: Phelan Hallinan & Schmieg, LLP By: U ? L ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 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 175172 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. THOMAS W. BOLIEW, JR. NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 Defendants C70 ° n ? lI7 3 <c C m c:sa ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0g- 2T4l:,L; ` 6? CUMBERLAND COUNTY ATTORNEY FIE CIVIL ACTION - LAW PLEASE RETURN COMPLAINT IN MORTGAGE FORECTS?jy cOrti#y the within ? biR © and correct COPY the - rir;ap?1 iced 01 record File k: 175172 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 #: 175172 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 #: 175172 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 #: 175172 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: THOMAS W. BOLIEW, JR. NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/28/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200738638. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 175172 6. The following amounts are due on the mortgage: Principal Balance $163,095.93 Interest $6,929.68 11/01/2007 through 05/06/2008 (Per Diem $36.86) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 09/28/2007 to 05/06/2008 Cost of Suit and Title Search $750 00 Subtotal . $172,025.61 Escrow Credit $0.00 Deficit $431.68 Subtotal $431.68 TOTAL $172,457.29 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. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File A: 175172 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $172,457.29, together with interest from 05/06/2008 at the rate of $36.86 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: Z LAWRENCE T. PHELAN, E UIRE FRANCIS S. HALLINAN, E IRE DANIEL G. SCHMIEG, ESQ IRE Vl'OfICHELE M. BRADFORD, ESQUIRE r. b,(V j yj 9 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 #: 175172 LEGAL DESCRIPTION ALL the hereinafter described two contiguous lots, pieces or parcels of land situated in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a post on High Street at the corner of the Presbyterian Church lot; thence by said Church lot, Westwardly one hundred sixty-nine (169) feet to a post on a twelve (12) foot alley; thence by said alley, Northwardly one hundred (100) feet to a post; thence by said alley continued on the North, Eastwardly one hundred sixty-nine (169) feet to a post on High Street; thence along said High Street, Southwardly one hundred (100) feet to a post, the place of beginning. CONTAINING sixteen thousand nine hundred (16,900) square feet; each of said lots being fifty (50) feet front by one hundred sixty-nine (169) feet in depth and known in the general plot of said Borough; being improved with a two and one-half (2-1/2 ) story brick dwelling house. Parcel Number 24-21.-0390-625 PROPERTY BIENG: 206 NORHT HIGH STREET File #: 175172 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. DATE: 54A 9 Attorney for Plaintiff I.D.0217 Exhibit "B" TrORK RLE GO .-ss&a PLEASE '. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 1 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 N Jenne R. Davey, Esq., Id. No. 87077 C Lauren R. Tabas, Esq., Id. No. 93337 M Vivek Srivastava, Esq., Id. No. 202331 -o Jay B. Jones, Esq., Id. No. 86657 E Peter J. Mulcahy, Esq., Id. Andrew L. Spivack Es Id CO -: ?. _ ,- , . Jaime McGuinness, Esq., Id. I ' t_ z Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS THOMAS W. BOLIEW, JR CIVIL DIVISION NANCY E. BOLIEW , ?T®` ?F? o. 08-2905 CIVIL TERM e•egt ?(: ?,? m..rr,aNr .c PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THOMAS W. BOLIEW. JR and NANCY E. BOLIEW, 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 Plaintiff's damages as follows: As set forth in Complaint $172,457.29 Interest - 05/07/2008 to 09/03/2009 $17.877.10 TOTAL $190,334.39 I hereby certify that (1) the Defendants' last known addresses are 13477 MOCKING BIRD LANE ORRSTOWN. PA 17244, and 2753 SANDY RUN ROAD. HOPEWELL. PA 16650, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. r By:_ renee T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779--- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff' DAMAGES ARE HEREBY ASSESSED AS 4h?l DATE: Q q PHS # 1751n PROTH ONOTARY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Thomas W. Boliew, Jr Nancy E. Boliew, Debtor(s) CHAPTER 13 CASE NO. 1-08-bk-04486-MDF Litton Loan Servicing, LP, as servicer for mortgagee of record Movant, vs. Thomas W. Boliew, Jr Nancy E. Boliew, Charles J DeHart, III, Trustee Respondents ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the motion of Litton Loan Servicing, LP as servicer for mortgagee of record for Relief from the Automatic Stay, it is hereby ORDERED AND DECREED THAT: The Automatic Stay of all proceedings, as provided under 1 I U.S.C. §362, is modified with respect to premises: 206 North High St. Newburg, PA 17240 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. By the Court, A&VjL (JoK) This document is electronically signed and filed on the same date. Dated: February 20, 2009 Case 1:08-bk-04486-MDF Doc 23 Filed 02/20/09 Entered 02/20/09 16:17:10 Desc Main Document Page 1 of 1 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey January 19, 2010 NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 RE: SUNTRUST MORTGAGE, INC. v. NANCY E. BOLIEW Premises Address: 206 NORTH HIGH STREET NEWBURG, PA 17240 CUMBERLAND County CCP, No. 08-2905 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 24, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V trul yours, c ence .11 , Esquire Francis S. Hallinan, Esquire el G. Schmieg, Esquire A4ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: Z ? La ence T. Phelan, Esq., Id. No. 32227 rS. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County NANCY E. BOLIEW Defendant No. 08-2905 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. NANCY E. BOLIEW NANCY E. BOLIEW 2753 SANDY RUN ROAD 206 NORTH HIGH STREET HOPEWELL, PA 16650 NEWBURG, PA 17240 NANCY E. BOLIEW NANCY E. BOLIEW PO BOX 74 13477 MOCKING BIRD LANE HOPEWELL, PA 16650-0074 ORRSTOWN, PA 17244 NANCY E. BOLIEW NANCY E. BOLIEW 107 MARCO CIR 23 S PRINCE ST SHIPPENSBURG, PA 17257-8934 SHIPPENSBURG, PA 17257-1919 NANCY E. BOLIEW 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP DATE: to By: ? Lawrence T. Phelan, Esq., Id. No. 32227 (ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF - r ?. btu JAN 27 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NANCY E. BOLIEW No. 08-2905 CIVIL TERM Defendant RULE AND NOW, this day of z 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. z+C_ lS o, t'? t t51 ZD c Rule Returnable Cotlrtr a. BY THE COURT J. ti.i3?? 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff, V. NANCY E. BOLIEW Defendant(s) t'7 N CUMBERLAND COUNTY-O t try f''- c 7^ COURT OF COMMON PJAWS < CIVIL DIVISION C-n No. 08-2905 CIVIL TERM p rv -c AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". C? c Date: ?' 6 40 LjoMwrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Ej,fpourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 175172 C 3 O u 0 z Q J Ix W co V O O N J =O N W U) S ? ZU)a Q mrn ?a = U cu E I-2 ga-av w?co CL 012 u 'a C m C E a v? zao V N N N O ?E E = x 3 W C = C o O N E - E 2 n 'm c d E?adg - ? CL b` G 3U a31MW E E o c Z. 9S LLZ, )0o a,-EOM ?'O o Wl ZQ rn? NwE dNE- ` ?KUa G Ak? ' 7 C m ? a? `? o L O KF-?°. W N ?vd S3? _ c ? v? E?cn E9 °° E? O n c . W o rno d? ? 0 E o o, g U O 1 R = ° (D ? ? o t3 O = W y!n = C O N 'n y O N U N 0 N 0) w O ` C O O W _ z w'agEo 0 F nw2 o rn U N Q c Z a J Lu (D d W m O E O w' U . a O CL r N l0 ° w a ? w w ? a = t1 N F? s c QQ U> w ¢ m ?? - ?a a O`? A O a N N v O w \?? ? u . 00 d z a E. ?w0 ?o ? Q w ? E? Z> E z z WW N ppz ? a O A a ~ ° Z A U U U w d .a E 3 z D d ? W N ti = O J SO ^ N sm Q F-m r g? E J 1 Z N J N M Ct U') (O f, 00 O . CY) .?- PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. vs. NANCY E. BOLIEW Attorney for Plaintiff n L_ Court of Common Pleas 7 , Civil Division rr, Cumberland County No. 08-2905 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable N 0 rri co Cn Ss. c. Court for an Order directing service of the Notice of Sale and all future pleadings upon the above- captioned Defendant, NANCY E. BOLIEW, by first class mail and certified mail to the Defendant's last known addresses, 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 and mortgaged premises, 206 NORTH HIGH STREET, NEWBURG, PA 17240, posting of the mortgaged premises, 206 NORTH HIGH STREET, NEWBURG, PA 17240, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, NANCY E. BOLIEW, personally with the Notice of Sale have been unsuccessful. The Plaintiff attempted to serve the Defendant at the mortgaged premises, 206 NORTH HIGH STREET, NEWBURG, PA 17240. As indicated by the Affidavit of Return of Service attached hereto as Exhibit "A", NO SERVICE WAS MADE AS THE DEFENDANT HAS MOVED. 2. The Plaintiff attempted to serve the Defendant at 2753 SANDY RUN ROAD, HOPEWELL, PA 16650. As indicated by the Affidavit of Return of Service attached hereto as Exhibit "B", NO SERVICE WAS MADE AS THERE WAS NO ANSWER AT SAID ADDRESS. 3. The Plaintiff attempted to serve the Defendant at 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244. As indicated by the Affidavit of Return of Service attached hereto as 3 Exhibit "C", NO SERVICE WAS MADE AS THE DEFENDANT IS UNKNOWN AT SAID ADDRESS. 4. The Plaintiff attempted to serve the Defendant at 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257. As indicated by the Affidavit of Return of Service attached hereto as Exhibit "D", NO SERVICE WAS MADE AS THE DEFENDANT IS UNKNOWN AT SAID ADDRESS. 5. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "E". 6. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge J. Westley Oler, Jr. entered an order for Reassessment of Damages dated January 29, 2010. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant(s) on FEBRUARY 5, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff' FEBRUARY 5, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "F". 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, NANCY E. BOLIEW, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the premises and by publication. Respectfully su tted, Phelan Hall' Schmieg, LLP By: Vive astava, Esq. Attorneys for Plaintiff February 16, 2010 4 000 000 N H Ei w r-I r-1 i I AVIT OF SERVICE PLAINTIFF DEFENDANT(S) SUNTRUST MORTGAGE, INC. THOMAS W. BOLIEW, JR NANCY E. BOLIEW SERVE NANCY E. BOLIEW AT: 206 NORTH HIGH STREET NEWBURG, PA 17240 Served and made known to , 200_ at o'clock _.m., at SERVED CUMBERLAND COUNTY No. 08-2905 CIVIL TERM PHS #175172 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 3, 2010 Defendant, on the day of , 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 Height Weight Race Sex Other I, 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 day of _ 200. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the Fbn day of 1V0-Vi ak,2 , 200-1, at ;2:;4 o'clock _P.m., Defendant NOT FOUND because: Moved Unknown No Answer 15` Attempt: 10/ 13 / C Fl Time: -9-:4Aw 3rd Attempt: 1( l 04 / 69 Timer Sworn to and subs ribed before me this day of a MR, 2 Notary: V Vacant 2°d Attempt: 1 / 1 / 69 Time: 1 :,9? By ?i?&y' Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard KIMBERLY CURTY Philadelphia, PA 19103-1814 NOTARY PUBLIC (215) 563-7000 i STATE OF NEW MRSEY " .' Cn'sds?SSin`, f . •""R'?S MARCH 7, 2013 PQ 000 0100 N H x w rl r-I AFFIDAVIT OFSERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) THOMAS W. BOLIEW, JR NANCY E. BOLIEW SERVE NANCY E. BOLIEW AT: 2753 SANDY RUN ROAD HOPEWELL, PA 16650 Served and made known to , 200, at o'clock _.in., at SERVED , Commonwealth of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No. 08-2905 CIVIL TERM PHS #175172 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 3, 2010 Defendant, on the day of 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 ofplace 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 Height Weight Race Sex Other I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of .200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the o J day of CTbliC2 , 200 `, at :35" o'clockA in., Defendant NOT FOUND because: Moved Unknown 1x No Answer Vacant Vt Attempt: /() / / o q Time: S-: .z7 P/n 2"d Attempt: /o l 17 / O q Time: -IV(-) All 3rd Attempt: /o / -7-6/ Oct Time: 9 : 3s fr?n Sworn to and subscribed before me this7'7'day of Cam, 200 D d?2 Cl- Ccs Notary: By: c Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. ..j, One Penn Center at Suburban Station, Suite 1400 CO O ALTH OF PENS YLVANIA 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Notarial Seal (215) 563-7000 Marilyn A CarrpW. Notary Public Cfty OrMoom, Bl* Cou* My Commission Expires Dea 6, 2011 Member, Pennsylvania Association of Notaries 0010 000 N H x W Adk AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY No. 08-2905 CIVIL TERM DEFENDANT(S) THOMAS W. BOLIEW, JR NANCY E. BOLIEW PHS #175172 SERVE. NANCY E. BOLIF.W Type of Action AT: 13477 MOCKINGBIRD LANE - Notice of Sheriffs Sale . ORRSTOWN, PA 17244 Sale Date: MARCH 3, 2010 SERVED Served and made known to Defendant, on the day of , 200_, at , o'clock _.m., at , 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 Height Weight Race Sex Other I, a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 200 Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. A NOT SERVED On the day of vv>rr< 20f -O at 3 4 S o'clock f m., Defendant NOT FOUND because: Moved _K Unknown No Answer Vacant l't Attempt: Time: 2°d Attempt: Time: ` r 3rd Attempt: Time: co (ifLeo? ?Aeo - zo C?Q?s 1"° I'?Na Sworn to and subs-1 OP before me this y of 13"0.-4 No 0 NoBy Attorney for Plaintiff LAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 TARIAL SEAL 1617 John F. Kennedy Boulevard LUCILLE N. CARTY Philadelphia, PA 19103-1814 Notary Public (215) 563-7000 tLYCTURKMENNY TWP, FRANKLIN COUNTY omission Expires Nov 10, 2011 0010 000 N H x W AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) SUNTRUST MORTGAGE, INC. THOMAS W. BOLIEW, JR NANCY E. BOLIEW SERVE NANCY E. BOLIEW AT: 82 Rustic Drive Shippensburg, PA 17257 Served and made known to at , o'clock _.in., at 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 Height Weight Race Sex Other Commonwealth 1, _ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of .200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED W, f? On the day of 2004 at. Jj)#4d'clock8.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant V Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and sub befo me this day of 200R No twmf W lut (?• J B Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CUMBERLAND COUNTY No. 08-2905 CIVIL TERM PHS #175172 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 3, 2010 SERVED . Defendant, on the day of , 200, w 000 000 N H x W r-A r-I FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 175172 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Thomas W. Boliew Jr. (Deceased) & Nancy E. Boliew Property Address: 206 North High Street, Newburg, PA 17240 Possible Mailing Address: (Thomas W. Boliew Jr.) 23 South Prince Street, Shippensburg, PA 17257 (Nancy E. Boliew) 2753 Sandy Run Road, Hopewell,, PA 16650 (Nancy E. Boliew) 13477 Mockingbird Lane, Orrstown, PA 17244 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Thomas W. Boliew Jr. - xxx-xx-1995 Nancy E. Boliew - xxx-xx-3248 B. EMPLOYMENT SEARCH Thomas W. Boliew Jr. & Nancy I? Boliew - A review of the credit reporting agencies provided no employment information C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Thomas W. Boliew Jr. reside(s) at 206 North High Street, Newburg, PA 17240 & Nancy E. Boliew reside(s) at: 82 Rustic Drive, Shippensburg, PA 17257. Il. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Thomas W. Boliew Jr. & Nancy E. Boliew. B. On 12-12-09 our office made a telephone call to the phone number (717) 5305914 and received the following information: disconnected. On 12-12-09 our office made a telephone call to the phone number (717) 530-1553 and received the following information: disconnected. 111. INQUIRY OF NEIGHBORS On 12-12-09 our office made a phone call in an attempt to contact Tina Gray (717) 423-60%, 204 North High Street, Newburg, PA 17240: spoke with an unidentified female who could not confirm that the subjects reside(s) at 206 North High Street, Newburg, PA 17240. On 12-12-09 our office made several phone ells in an attempt to contact Gods little ones (717) 423-9989, 203 North High Street Newburg, PA 17240: no answer. On 12-12-W our office made several phone cells in an attempt to contact Tena R. Jones (717) 423 5345, 202 North High Street, Newburg, PA 17240: answering machine. On 12-12-09 our office made several phone calls in an attempt to contact George M. Horton (814) 685-3828,2603 Sandy Run Road, Hopewell, PA 16650: answering machine. On 12-12-09 our office made several phone calls in an attempt to contact Veryl A. Dodson (814) 6&5-3930,2527 Sandy Run Road, Hopewell, PA 16650: no answer. On 12-12-09 our office made several phone calls in an attempt to contact Patricia A. Dodson (814) 685-3830,2481 Sandy Run Road, Hopewell, PA 16650: answering machine. On 12-12-09 our office made several phone calls in an attempt to contact Dale T. Martin (717) 530-0639,13496 Mockingbird Lane, Orrstown, PA 17244: answering machine. On 12-12-09 our office made several phone calls in an attempt to contact Paul L. Fraker (717) 532-2856,13437 Mockingbird Lane, Orrstown, PA 17244: answering machine. On 12-12-09 our office made several phone calls in an attempt to contact Ursula M. Lefevre (717) 530-0500,13415 Mockingbird Lane, Orrstown, PA 17244: no answer. On 12-12-09 our office made a phone call in an attempt to contact Jeremy McIntyre (717) 477-2115, 22 South Prince Street, Shippensburg, PA 17257: disconnected On 12-12-09 our office made several phone calls in an attempt to contact Chandrika R. Paul (717) 532-7966,19 South Prince Street Shippensburg, PA 17257: answering machine. On 12-12-09 our office made a phone call in an attempt to contact Jessica Stusnick (717) 477-2099, 22 South Prince Street Apartment 2, Shippensburg, PA 17257: spoke with an unidentified female who could not confirm that the subjects reside(s) at 23 South Prince Street Shippensbur& PA 17257. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 12-12-09 we reviewed the National Address database and found the following information: Thomas W. Boliew Jr. - 23 South Prince Street Shippensbur& PA 17257 & Nancy E. Boliew -13477 Mockingbird Lane, Orrstowry PA 17244. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (fhomas W. Boliew Jr.) 23 South Prince Street Shippensburg, PA 17257 & (Nancy E. Boliew) 2753 Sandy Run Road, Hopewell, PA 16650 and 13477 Mockingbird Lane, Orrstown, PA 17244 V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Thomas W. Boliew Jr. & Nancy E. Boliew. VI.OTHER INQUIRIES A. DEATH RECORDS As of 12-12-09 Vital Records and all public databases have a death record on file for Thomas W. Boliew Jr. & have no death record on file for Nancy E. Boliew. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Thomas W. Boliew Jr. & Nancy E. Boliew residing at last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Thomas W. Boliew Jr. -10-25-1969 Nancy K Boliew -10-01-1969 B. DATE OF DEATH Thomas W. Boliew Jr. - 06-14-2009 C. A.K.A. Thomas Warren Boliew Jr. Nancy E. Wright- Boliew' ' Our accessible databases have been checked and cross-referenced for the above named individual(s). • Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unswom cation to authorities. N aA7?M^ A FIANT - Brendan Booth Full Spectrum Services, Inc. Sworn to and subscribed before me this 14Lh day of December, 2009. The above information is obtained from available public records and we are only liable for the cost of the affidavit. ENID ESTRADA NOTARY11113MOFNEWN&Y CcmWWM Ek#61?6WI1 F14 000 000 N H x w r-I ri PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jessica.nahill@fedphe.com@fedphe.com Jessica J. Nahill, 1533 Service Department February 5, 2010 NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 Representing Lenders in Pennsylvania and New Jersey RE: SUNTR UST MORTGAGE, INC. vs. NANCY E. BOLIEW Premises Address: 206 NORTH HIGH STREET, NEWS URG, PA 17240 Cumberland County, No. 08-2905 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with a re uested relief that is, Special Service. Please respond to me within one week, by Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 9 Very truly yours, F-I O ti r a N O ? Oo J O? In A W N z ?y c y? c ?'?k ?? c a r y a ya y H A fD y f! >b ' LI I.. ?FSPOgl . ,h_ ?' ySP ? ? ? ? F ? PITNEY BOYVGS . 02 1M 0004277256 FEB05 2010 MAILED FROM ZIP CODE 19 10 3 CY r-\ m ?o ? A. 91 O ? W ?a .P o? c ypy •1 a z n b A Oa A O h A O O y t r PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, Court of Common Pleas INC. Civil Division vs. Cumberland County NANCY E. BOLIEW No. 08-2905 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the Attorney for Plaintiff publication of legal notices and in one newspaper of general circulation within the 5 county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibits "A", "B", "C" and "D", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "E". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hal ' Schmieg, LLP By: Vivek Srivastava, Esq. Attorney for Plaintiff Date: February 11, 2010 6 VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hal ' & Schmieg, LLP By: Vivek ava, Esq. Attorney for Plaintiff February 1 f4 2010 7 PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq. Attorney for Plaintiff Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Civil Division VS. Cumberland County No. 08-2905 CIVIL TERM NANCY E. BOLIEW CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. NANCY E. BOLIEW: 206 NORTH HIGH STREET, NEWBURG, PA 17240 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: February 1f, 2010 Phelan Hallinan & Schmieg, LLP By: er;;? Viv Srivastava, Esq. Attorney for Plaintiff 8 F,LEQ"? ?F,? J?c Zola FEB -g F11 3: 02 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. NANCY E. BOLIEW Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2905 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 29, 2010 Rule was sent to the following individual on the date indicated below. NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 NANCY E. BOLIEW PO BOX 74 HOPEWELL, PA 16650-0074 NANCY E. BOLIEW 107 MARCO CIR SHIPPENSBURG, PA 17257-8934 NANCY E. BOLIEW 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DATE: By: NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 NANCY E. BOLIEW 13477 MOCKING BIRD LANE ORRSTOWN, PA 17244 NANCY E. BOLIEW 23 S PRINCE ST SHIPPENSBURG, PA 17257-1919 allinan & Schmieg, LLP LJ Lawrence T. Phelan, Esq., Id o. 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 FLauren 1 R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS FEB r Zuiu CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Civil Division VS. No. 08-2905 CIVIL TERM NANCY E. BOLIEW ORDER AND NOW, this day of 1- tAbr%) airy , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, NANCY E. BOLIEW, by: 1. Posting of the premises: 206 NORTH HIGH STREET, NEWBURG, PA 17240. 2. First class mail to NANCY E. BOLIEW at the last known addresses, 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 and the mortgaged premises located at 206 NORTH HIGH STREET, NEWBURG, PA 17240; and 3. Certified mail to NANCY E. BOLIEW at the last known addresses, 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 and the mortgaged premises located at 206 NORTH HIGH STREET, NEWBURG, PA 17240; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: V, `111'-"!, ` `'S; 'i - CH L Z :6, 141' 8 i 93J 01OZ I?aYlililvi'i!' SOU ]HJL ='O J. e?y rn?a t 2l8`cd Fi! F, 201 ill11 ? F E 3 L ? 4 `? H A i's '`j. 2c1 v J Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County NANCY E. BOLIEW No. 08-2905 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE SUNTRUST MORTGAGE, INC., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, 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 January 26, 2010. 3. A Rule was entered by the Court on or about January 29, 2010 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 February 8, 2010, 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 February 18, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ?'l ? L0 Phelan Hallman & Schmieg, LLP c By: a rence . Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?Mlichele aniel G. Schmieg, Esq., Id. No. 62205 M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NANCY E. BOLIEW No. 08-2905 CIVIL TERM Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 26, 2010. A Rule was entered by the Court on or about January 29, 2010 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 February 8, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 18, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 2 Phelan Hallinan & Schmieg, LLP CBy: , E sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?,?,?niel G. Schmieg, Esq., Id. No. 62205 L_'Mlchele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" JAN 2 7 20106 h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff Court of Common Pleas V. NANCY E. BOLIEW Defendant Civil Division CUMBERLAND County No. 08-2905 CIVIL TERM RULE AND NOW, this day ofd 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. 7- 0 2fe- -Q-) Ij- Rule Returnable t oR4he-- 1010 in 01G'-Main Coullroo 'a. BY THE COURT J. Exhibit 46B" a ' ATTORNEY FILE COPS PLEA` RETURN. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 rr Y rn: Mi Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 r== Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 8443 Jaime McGuinness, Es Id. No 9013"# -_ w ?, G U" . Chrisovalante P. Fliakos, Esq., Id. No. 946V4.E- ' ` " rv Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE,.INC. Court of Common Pleas Plaintiff Civil Division V. s- ?. - :... NANCY E. BOLIEW C?ERLAND County Defendant No. 08-2905 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 29, 2010 Rule was sent to the following individual on the date indicated below. NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 NANCY E. BOLIEW PO BOX 74 HOPEWELL, PA 16650-0074 NANCY E. BOLIEW 107 MARCO CIR SHIPPENSBURG, PA 17257-8934 NANCY E. BOLIEW 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 "E=REET NEWBURG, PA 17240 NANCY E. BOLIEW 13477 MOCKING BIRD LANE ORRSTOWN, PA 17244 NANCY E. BOLIEW 23 S PRINCE ST SHIPPENSBURG, PA 17257-1919 ATTORNEY FILE Copy r !an allinan & Schmieg, LLP DATE: I? By: Lawrence T. Phelan, Esq., Id o. 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 ? Sh R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 euren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 A ? Jones, Esq., Id. No. 86657 r U3 A lsq, Id. No. 61791 " d? px kl?, Esq., Id. No. 84439 ? Jaime McGunuiess, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: ?i Phelan Hallinan & Schmieg, LLP By: . Ph anEsq., Id. No. 32227 Vajwrejnce ? F 'ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 rMichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NANCY E. BOLIEW No. 08-2905 CIVIL TERM Defendant 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. NANCY E. BOLIEW NANCY E. BOLIEW 2753 SANDY RUN ROAD 206 NORTH HIGH STREET HOPEWELL, PA 16650 NEWBURG, PA 17240 NANCY E. BOLIEW NANCY E. BOLIEW PO BOX 74 13477 MOCKING BIRD LANE HOPEWELL, PA 16650-0074 ORRSTOWN, PA 17244 NANCY E. BOLIEW NANCY E. BOLIEW 107 MARCO CIR 23 S PRINCE ST SHIPPENSBURG, PA 17257-8934 SHIPPENSBURG, PA 17257-1919 NANCY E. BOLIEW 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Phelan Hallman & Schmieg, LLP DATE: 2 ? By: V Q 'nc e hel, Esq., Id. No. 32227 ? F ncis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF .14- IN THE COURT OF COMMON PLEAS FEB 2 5 2010 CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County NANCY E. BOLIEW Defendant No. 08-2905 CIVIL TERM IV% ORDER AND NOW, this '14 day of V O-10 , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $163,095.93 Interest Through March 3, 2010 $31,438.61 Per Diem $36.86 Late Charges $0.00 Legal fees $1,500.00 Cost of Suit and Title $2,376.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,613.80 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $7,936.94 TOTAL $207,961.78 Plus interest from March 3, 2010 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. 6ES' rnatu A44'f M. &2g"'c AJ • I?vL?'g? 0C :C !w 9Z EJ 0101 BY THE COURT J. 1 7r% 1 'T7 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmiegg, Esyy., Id. No. 62205 Michele M. Bradtord, Esg ., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., I . Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, EsqNo Id. No. 202331 Jay B. Jones, Esq. Id. 86657 Peter J. Mulcahy, hs , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esc Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia PA 19103 215-563-7050 1010 M,? 19 r0: 3 11 CUV4 SUNTRUST MORTGAGE, INC Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NANCY E. BOLIEW NO. 08-2905 CIVIL TERM Defendant(s). , VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to NANCY E. BOLIEW on FEBRUARY 23, 2010 in accordance with the Order of Court dated FEBRUARY 18, 2010. The property was posted on FEBRUARY 25, 2010. Publication was advertised in THE SENTINEL on FEBRUARY 26, 2010 & in CUMBERLAND LAW JOURNAL on MARCH 5, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: U wrence T. Phelan Esquire r rancis S. Hallinan, , Esquire (o L q Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones Esquire Andrew L. 9pivack, Esq., Id. No. 84439 Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Dated: March 17, 2010 IN THE COURT OF COMMON PLEAS FEB , C 'LULU CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Civil Division vs. No. 08-2905 CIVIL TERM NANCY E. BOLIEW d s flut a aE???? P1-T?A 4 ORDER AND NOW, this day of , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, NANCY E. BOLIEW, by: 1. Posting of the premises: 206 NORTH HIGH STREET, NEWBURG, PA 17240. 2. First class mail to NANCY E. BOLIEW at the last known addresses, 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 and the mortgaged premises located at 206 NORTH HIGH STREET, NEWBURG, PA 17240; and 3. Certified mail to NANCY E. BOLIEW at the last known addresses, 2753 SANDY RUN ROAD, HOPEWELL, PA 16650, 13477 MOCKINGBIRD LANE, ORRSTOWN, PA 17244 and 82 RUSTIC DRIVE, SHIPPENSBURG, PA 17257 and the mortgaged premises located at 206 NORTH HIGH STREET, NEWBURG, PA 17240; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: J. 2 v t ,d? AFFIDAVIT OFSERWCE PLAINTIFF SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY No. 08-2905 CIVIL TERM DEFENDANT(S) NANCY E. BOLIEW SERVE: NANCY E. BOLIEW AT: 206 NORTH HIGH STREET NEWBURG, PA 17240 ***PLEASE POST PROPERTY WITH NOTICE OF SALE, PER COURT ORDER*** PHS #175172 Type of Action - Notice of Sheriff's Sale Sale Date: MAY 5, 2010 SERVED Served and made known to NAOicy 1E . (3a 1 FW Defendant, on the a s day of vgQy , 2060, at 5:40 , o'clock _.m., at 2b6 N4&4 ST., NEW B02G . , 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: PO STED pF?T W NM- Ce 0 P S 4-c,E- Description: Age Height Weight Race Sex Other I, _ ?O t 10 L-t- , a competent adult, being duly sworn according to law, depose and state that I personally true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned c date and at the address indicated above. Sworn to and subscribed 14 iaaFRLY CURTY before me this ? day NOTAi ?` PUBLIC of 2 Txm Or NI;W jERSbY No By; 155tON E?tii'IRES MARCH 7, 2013 PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown No Answer 1'r Attempt: Time: Vacant 2'd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200_. Notary: Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 i_? i PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): FebruAj? 26, 2010 COPY OF NOTICE OF PUBLICATION PERTY" se?e,sytr?Ant4EA?. (5, to wit: , (NIEW"G. PA 17240. ROMP". Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this R o f Notary Public My commission expires: MARK SEAL IN MM ANN NECKENMN No" Public CARLISLE BOROUGH. CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PILEAS ` 70F %MYL RM JAM JAMTOP lifdkt,4 ??atOY! VIA! (30A 15440,* PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis arie Coyne, E. - or SWORN TO AND SUBSCRIBED before me this 5 day of March 2010 C;L? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public FCARLISOLE BORO, CUMBERLAND COUNTY mission E xpires Apr 28, 2010 .- , , 406- CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. VS. NANCY E. BOLIEW NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: NANCY E. BOLIEW ALL THAT following described lot of ground situate, lying and being in NEWBURG Township, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Being Premises: 206 NORTH HIGH STREET, NEWBURG, PA 17240. Improvements consist of residen- tial property. Sold as the property of NANCY E. BOLIEW. Parcel #24-21-0390-025. Your house (real estate) at 206 NORTH HIGH STREET, NEWBURG, PA 17240 is scheduled to be sold at the Sheriff's Sale on MAY 5, 2010 at 10:00 A.M. at the CUMBERLAND County Courthouse to enforce the Court Judgment of $190,334.39 ob- tained by, SUNTRUST MORTGAGE, INC. (the mortgagee), against your Prop. sit. in NEWBURG Township, County of CUMBERLAND, and State of Pennsylvania. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff Mar. 5 lzj)?? ate' I cn o _? CJ7 W N -? O CD CO -I O Cn Js W N r = CO) V 0 Z 7 N3 a ca V U) C CD N e? z ?o Z m ?n;yzy d Owz x?`'yz p W ?Nyz ? z Z 03 a b7 Z bin ? n Z ' d t?rnn zZ pn 3 o m I ? 3 y , 0 to ? CL ' pdp ? p r O b? bxO ? r D ? r bzr ? ? A a clip) 3 c 0 3 0 N r O 9) -4 0 CD n .N+ Z C m m a < Z v Q' N n y or g g '?CD 0 C d m $om n 5' C, ova ?D °'9• ° 00 I ? c C o§Haf ? R ,64 0 SL 0 3 r D x , $,S o 0 C m 3 409 d x-` a c O $Q 3 40 L= n 3 to3n fD 2. cq.>> a CD cn?)'m3 ?' m N v m?` 0 O NN7?p D7 ZpSES Rpsr 0 ti • ?? (E _ N N d °I K g p , f/ C " 0 0 3 8 o° 3 @ ? L 1 ? 2 H ' .6$d G C' ,??, FEE g ?$ D D F= yo?? q MAILED FROM ZlPCt DE O @ m m ?v 3 F ? yq 3 , CD o03 > > > F -B 2 11' cCD 3 y M aZ a3 j O rn a 1 o= CD M CDz 09 :r ? Z ? Z CD Qo c c N 2 cn m v G) 0 c :i CD 0 0 ?N rr ?I? Z k.. 7178 2417 6099 0049 3883 4 / JJN NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) Vlllll?lllll??lllfllll?lll? 7178 2417 6099 0049 3890 4 / JJN NANCY E. BOLIEW 82 RUSTIC DRIVE SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) 7178 2417 6099 0049 3906 4 / JJN NANCY E. BOLIEW 13477 MOCKING BIRD LANE ORRSTOWN, PA 17244-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) 7178 2417 6099 0049 3913 4 / JJN NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm i,TwSTQT,ES POSTAL SEM01me Track & Confirm Search Resufts Page 1 of 1 Home I H I Sign In Track & Confirm FAOs r Label/Receipt Number: 7178 2417 6099 0049 3913 Confirm Class: First-Class MBII- --- Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Unclaimed Your item was returned to the sender on March 16, 2010 because it was not claimed by the addressee. Detailed Results: • Unclaimed, March 16,2010,2:43 pm, HOPEWELL, PA • Acceptance, February 23,2010,5:04 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 23, 2010 Nofficafillin gPdonS Track & Confirm by email Get current event information or updates for your item sent to you or others by email. l;_Ggs site Maw C..ustomer $R(Nice Forms Cov't_,$eryices Careers P...rivacyP...glicy Ternts,of_tZse t3usmess CustomerQ'ate..w.a..y Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA , http://trkenfrm 1. smi.usps.comIPTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 3/17/2010 USPS - Track & Confirm Page 1 of 1 U, , ?MTpE?SE Home I Heln l Sign _.. ?_ . Track 4 Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0049 3906 Class: First-Class MailO Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 11:20 AM on March 8, 2010 in PHILADELPHIA, PA 19103. Track & Coffin Enter Label/Receipt Number. Detailed Results: • Delivered, March 08, 2010,11:20 am, PHILADELPHIA, PA 19103 • Moved, Left no Address, March 02, 2010,1:39 pm, ORRSTOWN, PA • Notice Left, February 25,2010,10:16 am, ORRSTOWN, PA 17244 • Arrival at Unit, February 25, 2010, 8:04 am, ORRSTOWN, PA 17244 • Acceptance, February 23, 2010, 5:04 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 23, 2010 (+iotification Optic Track 8r Confirm by email Get current event information or updates for your item sent to you or others by email. ito s Return Receipt (Electronic) Verify who signed for your item by email. ! G+ora l 5ilee a Customer Service Forms Gott Sendces Careers CopyrightO 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA i' Privacy Polio v Terms of Use Business custom .r Gilt vay http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 3/17/2010 USPS - Track & Confirm Page 1 of 1 ax W-Swu Home I Helo I n in Track & Confirm FAQs Track & Confirm Search Result Labei/Receipt Number: 7178 2417 6099 0049 3890 Class: First-Class Mail® Tuck &Confirm Service(s): Return Receipt Electronic Status: Unclaimed Enter Label/Receipt Number. - Your item was returned to the sender on March 13, 2010 because it was not claimed by the addressee. Detailed Results: • Unclaimed, March 13, 2010, 9:03 am, SHIPPENSBURG, PA • Notice Left, February 25, 2010,10:36 am, SHIPPENSBURG, PA 17257 • Acceptance, February 23, 2010, 5:04 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 23, 2010 Nt ea rn Options -_ Track & Confirm by email Get current event information or updates for your item sent to you or others by email. !?o> Site Mao Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gateway CopyrightU 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA a wx http://trkcnfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 3/17/2010 USPS - Track & Confirm AW Um P05T SERVKE. Page 1 of 1 Home I -H "I I Sian In Track & Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0049 3883 Class: First-Class Mail® Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 11:47 AM on March 1, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, March 01, 2010,11:47 am, PHILADELPHIA, PA 19103 • Arrival at Unit, March 01, 2010, 6:39 am, PHILADELPHIA, PA 19104 • Forward Expired, February 26,2010,10:04 am, NEWBURG, PA • Acceptance, February 23, 2010, 5:04 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, February 23, 2010 Nate Option Track & Corrrrt Enter Label/Receipt Number. c' > ) Track & Confirm by email Get current event information or updates for your item sent to you or others by email. ,mss Return Receipt (Electronic) Verify who signed for your item by email. Cf3er> 3 $ite M.ap (;y$SOmvr a ice Forms Gov't Services Careers. Rr[ya4y-F0iLcy Ter-r .4f Use Du...smess... $t Copyright© 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm l .smi.usps.comIPTSIntemetWeb/lnterLabelInquiry.do?strOrigTrackNum=7... 3/17/2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor c OFFtt"E:% ",E'-"ERIFF 2010 M!4Y 24 AV W 51 CUP, : _; N I Y Suntrust Mortgage, Inc. Case Number vs. Thomas W. Boliew, Jr. (et al.) 2008-2905 SHERIFF'S RETURN OF SERVICE 01/14/2010 Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 10/12/10 at 1302 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 Thomas W. Boliew, Jr., located at, 206 North High Street, Newburg, Cumberland County, Pennsylvania according to law. 01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas W. Boliew, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Thomas w. Boliew, Jr., Defendant is deceased per Bobby Boliew, mother. 02/12/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas W. Boliew, Jr, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bedford County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Bedford County Return and now the, 21 st day of January 2010, served the within Real Estate Writ, Notice of Sale and Description upon Nancy E. Boliew, the defendant, by making known unto Jason Strait, adult in charge at 2753 Sandy Run Road, Hopewell, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Diane Nelson, Deputy Sheriff of Bedford, County, Pennsylvania. 02/23/2010 PROPERTY SALE POSTPONED TO 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 900.27 SHERIFF COST: $900.27 SO ANSWERS, May 21, 2010 RON R ANDERSON, SHERIFF q6, Dv rd . ae-'k . sz c (cj CountySuite Sheriff, Ieleosoft. Inc. tN? ???? J ..M SUNTRU'ST MORTGAGE, INC. Plaintiff, V. THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 206 NORTH HIGH STREET, NEWBURG, PA 17240 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) THOMAS W. BOLIEW, JR NANCY E. BOLIEW 206 NORTH HIGH STREET NEWBURG, PA 17240 2753 SANDY RUN ROAD HOPEWELL, PA 16650 2. Name and address of Defendant(s) in the judgment: THOMAS W. BOLIEW, JR 206 NORTH HIGH STREET NEWBURG, PA 17240 NANCY E. BOLIEW 2753 SANDY RUN ROAD HOPEWELL, PA 16650 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name None Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Address (if address cannot be reasonably ascertained, please indicate) 206 NORTH HIGH STREET NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true ect to the best of my personal knowledge or information and belief. I understand that false st tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification rities. September 30, 2009 V DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 13"Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff, V. - THOMAS W. BOLIEW, JR NANCY E. BOLIEW Defendant(s). September 3Q, 2009 COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2905 CIVIL TERM CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: THOMAS W. BOLIEW, JR NANCY E. BOLIEW 206 NORTH HIGH STREET 2753 SANDY RUN ROAD NEWBURG, PA 17240 HOPEWELL, PA 16650 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVEDA DISCHARGEIN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 206 NORTH HIGH STREET, NEWBURG, PA 17240, is scheduled to be sold at the Sheriff s Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $190334.39 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. • The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the hereinafter described two contiguous lots, pieces or parcels of land situated in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a post on High Street at the corner of the Presbyterian Church lot;'thence by said Church lot, Westwardly one hundred sixty-nine (169) feet to a post on a twelve (12) -foot alley; thence by said alley, Northwardly one hundred (100) feet to a post; thence by said alley continued on the North, Eastwardly one hundred sixty-nine (169) feet to a post on High Street; thence along said High Street, Southwardly one hundred (100) feet to a post, the place of beginning. CONTAINING sixteen thousand nine hundred (16,900) square feet; each of said lots being fifty (50) feet front by one hundred sixty-nine (169) feet in depth; being improved with a two and one-half (2- 1 /2 ) story brick dwelling house. BEING known as Cumberland County Parcel Identifier Tax Parcel Number 24-21.-0390-625 BEING THE SAME PREMISES VESTED IN Thomas W. Boliew, Jr. and Nancy E. Boliew, h/w, by Deed from R. Edward Whetstone and Wilma C. Whetstone, h/w, dated 09/28/2007, recorded 10/05/2007, in Deed Mortgage Inst# 200738637. PREMISES BEING: 206 NORTH HIGH STREET, NEWBURG, PA 17240 PARCEL NO. 24-21-0390-025 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-2905 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. THOMAS W. BOLIEW, JR NANCY E. BOLIEW owner(s) of property situate in the NEWBURG BOROUGH, Cumberland County, Pennsylvania, being (Municipality) 206 NORTH HIGH STREET, NEWBURG PA 17240 Parcel No. 24-21-0390-025 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $190,334.39 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-2905 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From THOMAS W. BOLIEW, JR and NANCY E. BOLIEW (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 $190,334.39 L.L. $.50 Interest from 9/4/09 - 3/3/10 (per diem - $31.29) -- $5,663.49 Atty's Comm % Due Prothy $2.00 Atty Paid $568.28 Other Costs Plaintiff Paid Date: 10/6/09 AaAAil Curtis R. ong, Prothonotary (Seal) Depu REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On November 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Newburg, Cumberland County, PA, Known and numbered as 206 North High Street, L-,-Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 5, 2009 B: Real Estate Coordinator 14 ?L `` I] c cr ?? IN THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY CIVIL ACTION SUNTRUST MORTGAGE, INC. -vs- Nancy E.Boliew No. 2008-2905 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION SUNTRUST MORTGAGE, INC., hereinafter called Assignor, for and in consideration of the sum of 1,231.78 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on May 5, 2010 in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 6`h day of May 2010, intending thereby to be legally bound. Y??-fl YLLk-A (SEAL) Notary Public C0MM0W&VALTM CF PMNMVANIA O NOTARIAL F SEAL FNmty ORA M. ERRER, Notary Pubk of Philadelphia, Pila. County mission Expin;s November 22, 2013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and Febru 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. X2A sa Marie Coyne, Edit r writ No. 2008-2906 civil Suntrust Mortgage, Inc. vs. Thomas W. Boliew, Jr. Nancy E. Boliew Attty: Daniel G. Schmieg By virtue of a Writ of Execution No. 08-2905 CIVIL TERM, SUNTRUST MORTGAGE, INC. vs. THOMAS W. BOLIEW, JR, NANCY E. BOLIEW, owner(s) of property situate in the NEWBURG BOROUGH, Cumberland County, Pennsylvania, being (Munici- pality) 206 NORTH HIGH STREET. NEWBURG, PA 17240. Parcel No. 24-21-0390-025. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $190,334- .39. PROPERTY ADDRESS: 206 North High Street, Newburg, PA 17240. SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 C Notary RAH A COLLINS FCARLISOLE TARIAL SEAL 1ary Public , CUMBERLAND COUNTY n Expires Apr 28, 2010 ''? . The Patriot-News Co. 812 Market St. Harrisbu-rg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE t4e Patti* ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing 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 she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY CWU Tinn Suntrust Mortgage, Inc: vs. Thomaew., Boliaw, Jrc'' ; Nancy E. Soliew Attty; Daniel 0, Schmleg By virtue of a ue Writ of Execution Rio. ()8-2905 CIMRM SUNTRUST MORTGAGE, INC. VS. THOMAS W. BOLIEW, JR , AG, NANCY E: BOLIEW owner(s) of property s}tuate m the URG BOROUGH, Csmbeitand County, Pe Ivama, being (Municipality), 206 NORTH HIGH aTREET. IVEWBURG, PA 17240 Parcel No. 24-21-0390425 (Acreage or street address) Improvements thereon: RESIDENTMAL DWELLING JUDGId W AMMW 141),334.34 , PROPERTY ADM M: 206 Nort Street, Newburg, PA 17240 This ad ran on the date(s) shown below: Sworn to avid subscribed before rrae Ws?2A d1ay of February, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal i Sheme L. Kisner, Notary Public II City Of Harrisburg; Dauphin County My C)rnmosan EVIres Nov. 26, 2011 Member, Pennsylvania Association of Notaries 01/22/10 01/29/10 02/05/10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 6TH day of OCT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2905, at the suit of SUNTRUST MTG INC against THOMAS W BOLIEW JR & NANCY E BOLIEW is duly recorded as instrument Number 201013336. IN TESTIMONY WHEREOF, I have hereynto set my hand and seal of said office this 0 day of A.D. o? 0 ! t2- q RVorder of Deeds by C?omrsdeeMn lbady Caft ?N