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HomeMy WebLinkAbout08-3557 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 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 / PETER MULCAHY, ESQ., Id. No. 61791 J ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 175933 SUNTRUST MORTGAGE 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. c g - 3 575-7 crv; I `ficrin CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 175933 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 #: 175933 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 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION File #: 175933 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 #: 175933 Plaintiff is SUNTRUST MORTGAGE 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: PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/15/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1924, Page 4751. 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. 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. 6. The following amounts are due on the mortgage: File #: 175933 Principal Balance $127,380.62 Interest $5,349.77 11/0 1/2007 through 06/10/2008 (Per Diem $23.99) Attorney's Fees $1,250.00 Cumulative Late Charges $206.40 09/15/2005 to 06/10/2008 Cost of Suit and Title Search 750.00 Subtotal $134,936.79 Escrow Credit $0.00 Deficit $586.04 Subtotal 586.04 TOTAL $135,522.83 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. 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 File #: 175933 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 $135,522.83, together with interest from 06/10/2008 at the rate of $23.99 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. 7PHE AN HALLINAN & SCHMIEG, LLP By. ` ? (? (7 5 LAWRENCE T. PHEL N, E UIRE FRANCIS S. HALLINAN, ES UIRE DANIEL G. SCHMIEG, ES IRE 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 MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 175933 LEGAL DESCRIPTION ALL that certain lot of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the hereinafter mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East 92.16 feet to a point; thence by the same on a curve to the right having a radius of 10 feet, an arc distance of 13.29 feet to a point on the northern side of Echo Road; thence by the northern side of Echo Road, South 60 degrees 54 minutes 27 seconds West 120.89 feet to a point; thence by the western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and being subject to utility easements and building and use restrictions and conditions of record. PREMISES: 100 WEST FOXCROFT DRIVE Parcel #47-18-1302-057 File #: 175933 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. !o 175 Attorney for Plaint ff DATE: (041-6% C) r?a C:a ° n w T t F F SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03557 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUHN PAUL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , KUHN PAUL E 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 NO ONE CURRENTLY LIVING AT THIS ADDRESS. KATHRYN IS TERMINALLY ILL AND KUHNS ARE LIVING WITH DAUGHTER. Sheriff's Costs: So an Docketing 6.00 Service .00 Not Found 5.00 R. omas Kline Surcharge 10.00 /She iff of Cumberland County .00 c??G?b P 9w• 21.00 ELAN HALLINAN SCHMIEG 06/23/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03557 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KUHN KATHRYN P but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KUHN KATHRYN P 422 GEARY AVENUE I NEW CUMBERLAND, PA 17070 NO ONE CURRENTLY LIVING AT GEARY AVENUE ADDRESS. DEFENDANT TERMINALLY ILL AND LIVING WITH DAUGHTER. Sheriff's Costs: So Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 n .00 (11agoB `L X00 i Sworn and Subscribed to before me this day of A. D. momas Kiine r'ff of Cumberland County KELAN HALLINAN SCHMIEG 6/23/2008 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TITTTJTT DZITTT. T~' the DEFENDANT , at 1756:00 HOURS, on the 18th day of June 2008 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4/; (,/D P (,, 18.00 15.00 .00 10.00 .00 ? 43.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/23/2008 PHELAN HALLIVHM G By: ° Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KUHN KATHRYN P the DEFENDANT at 1756:00 HOURS, on the 18th day of June 2008 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge G'2 6f6 F 6.00 .00 .00 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/23/2008 PHELAN HALLIN SCHMI By: 71 eput h e r i f f A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHRONISTER CHRIS A the. DEFENDANT , at 1756:00 HOURS, on the 18th day of June 2008 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1. f a Ur0 T 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/23/2008 PHELAN H By: A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE VS KUHN PAUL E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHRONISTER JANE E the DEFENDANT , at 1756:00 HOURS, on the 18th day of June 2008 at 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 by handing to JANE CHRONISTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 1,J?tej0 ?.. ? 16.00 06/23/2008 PHELAN HALLIN CH EG Sworn and Subscibed to By: before me this day Depu y Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 CIVIL DIVISION NO. 08-3557-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $135,522.83 Interest from 06/11/2008 to 08/06/2008 $1,367.43 TOTAL $136,890.26 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: slI/DX /-S/ O PROTHY p" 175933 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PAUL E. KUHN KATHRYN P. KUHN : NO. 08-3557- CIVIL TERM CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants TO: PAUL E. KUHN s, 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: JULY 17, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE : COURT OF COMMON PLEAS Plaintiff Vs. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants TO: KATHRYN P. KUHN 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: JULY 17, 2008 u v ;'.?y ,`tea ? pmv ?tl THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CIVIL DIVISION CUMBERLAND COUNTY NO. 08-3557- CIVIL TERM CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff Vs. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants TO: CHRIS A. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: JULY 17.2008 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 08-3557- CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Y.? A Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff Vs. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants TO: JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-3557- CIVIL TERM DATE OF NOTICE: JULY 17, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE 1001 SEMMES AVENUE P.O. BOX 27767 Plaintiff, v. PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL E. KUHN, is over 18 years of age and resides at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 . (c) that defendant KATHRYN P. KUHN, is over 18 years of age and resides at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 . (d) that defendant CHRIS A. CHRONISTER is over 18 years of age, and resides at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011. (e) that defendant JANE E. CHRONISTER is over 18 years of age, and resides at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -> 4 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE 1001 SEMMES AVENUE P.O. BOX 27767 V. Plaintiff, PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 A P 0 # d A - ? Lou. By: EPUTY If you have any questions concerning this matter, please contact: . DANIEL G. SCHMIEG, ESQUIRE, Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN TION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." I A PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Amount Due Interest from 08/07/2008 - 12/10/2008 (per diem -$22.50) Add' I Costs TOTAL $136,890.26 $2,835.00 and Costs $139,725.26 Q21NIIIIE-1, G. SCHMIEG, ESQ RE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff SUNTRUST MORTGAGE Plaintiff, V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). No. 08-3557-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the absence of .a representative of the plaintiff at the She:rkff's' Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 175933 w? ow Q OO O v? t tTa? ?v w 1_ • jj'?r" o 'd W 4 W? HW O o a w d r7?.a ? (_ ^ ^ I V to ? 1. o ? ?a d a?;aa a a U w w ApAA w oc?-o OppO ?? ww?"H M (ON a ' C D I f SUNTRUST MORTGAGE Plaintiff, V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST MORTGAGE , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Unemployment Compensation Fund Last Known Address (if address cannot be reasonably ascertained, please indicate) 16`b Floor, L&T Building Harrisburg, PA 17121 t Pennsylvania Supply, Inc. Pennsylvania Supply, Inc. C/o W. Scott Henning 1001 Paxton Street, P.O. Box 3331 Harrisburg, PA 17104-1645 1300 Linglestown Rd, P.O. Box 60337 Harrisburg, PA 17106-0337 Commonwealth of Pennsylvania Bureau of Compliance Department of Revenue P.O. Box 281230 Harrisburg, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. Treasury Department P.O. Box 12051 Philadelphia, PA 19105 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. sai?44 August 28, 2008 QF??d'g' DATE DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff ? ? --j • .? . ??r ?-, r., ,x,,, r__ ?._ ? r?7 ?-_ ?? ro w ' p ?-r, t.-:: . . ? ?s '" ^, ?} PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff, V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 0-"- 11?1 I S9" DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff 170 k ? ? 1 t Cl ' _3 ( SUNTRUST MORTGAGE Plaintiff, V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). TO: PAUL E. KUHN 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 August 28, 2008 KATHRYN P. KUHN 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 08-3557-CIVIL TERM CHRIS A. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $136,890.26 obtained by SUNTRUST MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. V, 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 A Ir LEGAL DESCRIPTION ALL that certain lot of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the hereinafter mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East 92.16 feet to a point; thence by the same on a curve to the right having a radius of 10 feet, an arc distance of 13.29 feet to a point on the northern side of Echo Road; thence by the northern side of Echo Road, South 60 degrees 54 minutes 27 seconds West 120.89 feet to a point; thence by the western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and being subject to utility easements and building and use restrictions and conditions of record. Parcel #47-18-1302-057 BEING THE SAME PREMISES VESTED IN Chris A. Chronister and Jane E. Chronister, his wife and Paul E. Kuhn and Kathryn P. Kuhn, his wife, by Deed from Jay A. Young, a single man, dated 09/15/2005, recorded 09/29/2005, in Deed Book 271, page 981. PREMISES BEING: 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 PARCEL NO. 47-18-1302-057 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3557 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, Plaintiff (s) From PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER (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 $136,890.26 L.L. $.50 Interest FROM 8/7/08 -12/10/08 (PER DIEM - $22.50) - $2,835.00 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $252.00 Plaintiff Paid Date: AUGUST 29, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Other Costs LcYuLy Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff vs. PAUL E. KUHN KATHRYNP.KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants No. 08-3557-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 13, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 7, 2008 in the amount of $136,890.26. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 10, 2008 Per Diem $23.99 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 $127,380.62 $9,703.08 $516.00 $1,675.00 $1,436.50 $0.00 $9.30 $130.00 $0.00 $0.00 ($0.00) $3,387.91 $144,238.41 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on September 24, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P n'nanhmieg, LLP DATE: By: Miche a , uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff VS. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER 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 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: li anchmieg, LLP By: qK$r? Michele M. Bradfor , Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 175933 SUNTRUST MORTGAGE 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 V. Plaintiff PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE ° C 00 `t7lX: -n / .1_. ? 1 C7 n cz E3 v c cv ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 g= 3 ?S 7 c 1'v 11 ernl CUMBERLAND COUNTY NE FILE COPY A, I PLEASE RETURN CAMP HILL, PA 17011 ?ettWl tvNe DcliVlituuiia 4 11 g?;17 ?tvu,8?pd CIVII, ACTION - LAW.m`tt'8%?? ? y 0 COMPLAINT IN MORTGAGE FMR i?(A 01 c(t Of, O File #: 175933 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 ELIG[BLE 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 #: 175933 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 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION File #: 175933 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 #: 175933 1. Plaintiff is SUNTRUST MORTGAGE 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: PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 09/15/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1924, Page 4751. 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. 6. The following amounts are due on the mortgage: File #: 175933 Principal Balance $127,380.62 Interest $5,349.77 11/01/2007 through 06/10/2008 (Per Diem $23.99) Attorney's Fees $1,250.00 Cumulative Late Charges $206.40 . 09/15/2005 to 06/10/2008 Cost of Suit and Title Search 750.00 Subtotal $134,936.79 Escrow Credit . $0.00 Deficit $586.04 Subtotal 586.04 TOTAL $135,522.83 7 8. 9. 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. 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 File N: 175933 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 $135,522.83, together with interest from 06/10/2008 at the rate of $23.99 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. PHE AN HALLINAN & SCHMIEG, LLP By: '- (??L (P(7gI LAWRENCE T. PHEL , E UIRE FRANCIS S. HALLINAN, ES UIRE DANIEL G. SCHMIEG, ES IRE 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 MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff rue k: 175933 LEGAL DESCRIPTION ALL that certain lot of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the hereinafter mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East 92.16 feet to a point; thence by the same on a curve to the right having a radius of 10 feet, an arc distance of 13.29 feet to a point on the northern side of Echo Road; thence by the northern side of Echo Road, South 60 degrees 54 minutes 27 seconds West 120.89 feet to a point; thence by the western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and being subject to utility easements and building and use restrictions and conditions of record. PREMISES: 100 WEST FOXCROFT DRIVE Parcel #47-18-1302-057 File #: 175933 VERIFICATION I hereby state that I am the. attorney for Plaintiff in this matter, that- Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. (0(7°1( Attorney for Plain ff DATE: (9-11- 8% Exhibit "B" • PHELAN HALL MA i SC20=4 "P- or. DAMEM Q Sc3cwm idodmhouna No. am Aneraay hr Pbhmi R ONE PENN CZW= AT SilKWJlAN STATION 1617 JOHN W. ICCINM ELVD., SUrM 1400 PHM ADUL14"PA I"WIL14 ais +,L4.m $[1411wor 1180ItIGAG4 lWl SCdKCS AVZ= P.O. BOX 27M RIC811801Ub4 VA 23224-7767 lbdatm CUNMIRIAND COUM BURY O1rCOMi?flll,S',AS ! CVM DIVif8IM Na. 7-CIM TTI RM PAUL X MW 4 KATARW P. , Cffitffi A. CiEDl01 jwjrSR AND JANX R. C>-101?TIIgTi1:R IM WEST FOXCRM DRIVE CAMP HILT, PA 170X1 Dtisadaas(s). PRARCIPE FOR IN RRM JUDGMRN'i<' FOR FAILMW TO TO THE PROTHONOTARY: for end ft Foreolosm As wt ft* in Complaint $135,522.83 Iatema $om 06111f2M to 0&V6f2008 51,367.43 TOTAL SIU,,, 24 I hereby certify that (1) the addmsses of the Plaintiff and De&adant(s) we as *Ann above, and (2) that notice bas been given in mcoubmw with Rule 237.1. oopy attaebod. r )Joe DANIEL 0. SCk1M[BG, BS+QV AUamey lb r Plaintiff DAMAGE'S ARE HEREBY ASSESSED AS INAICATED. DA'Z'E: j P. " O PROTHY PAR 175933 and Sale of the mm*gpd pewh4% w d assess PWnti9's dajwps as follows: Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey September 24, 2008 PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 RE: SUNTRUST MORTGAGE vs. PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER Premises Address: 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 08-3557-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yo Mi huire Fo r Phelan Hallinan & Schmieg, LLP Enclosure °o v .?a a U old a 0 U I a a O ag ? v vii `?' E ? GT. O?lj Q31?1iW £0 L6 L 3apod{2 0 LDS LZti000 - ? ? ? • wl Z O zdas b a - O s QOZ Z ? ...::??? RP U O O ? OO otJ• o • f? ? ' «+ ? =' v m ? '' E k E 'v° ` .. t•?4 E w S of ? ?h rr O pp °o a=i ... ? d w s . a a ? e a? w p h C w zx ? E `pn E%p F U a p W _ tl N N $ ? ?a Ems, U d ? W ^ ? U v W /P4 F ?1 A W Z = u . r w U H a W 0 " > '° a o a 0 p ? En O Fy W Z W w ?a° ao ?-l ? u Z a a °a U z ? h U „'? x ry x b w d r a -- N t*1 ?p I? 00 ON - - - - a a SIC 10 zd0 J VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. linan chmieg, LLP DATE: By: Michele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff VS. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-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. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE: PAUL E. KUHN 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 eg, LLP Peche MiSchmi By: . , quire A ttorney for Plaintiff ? E LIJ ? Ca.. LLJ 0 - c5 ? C`dC AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE DEFENDANT(S) PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER SERVE KATHRYN P. KUHN, AT: 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 08-3557-CIVIL TERM ACCT. #176933 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to K?{T?a?yN "P• k U N'?1 Defendant, on the ''(tt3 +h day of ?Itf 200- at : 5S , o'clock &m., at 1600 N'.:F6XC_ 0EE ?QI Vi? , (onn4/nP Ai_ L. Commonwealth of Pennsylvania, in the manner described below: _ V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is - Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: A/ge? ALL Height ?" Weight ,2_d Race W Sex )^ Other I, Z)VA-" / y16 b L- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: %tov AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of hew Jersey PATRICIA E. HARRIS NOT SERVED Commission ExNirss June 16, 2013 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 z9 )?q y - . cam rl -- ` ^ ? 'J rn 73 AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE DEFENDANT(S) PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER SERVE JANE E. CHRONISTER AT: 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 08-3557-CIVIL TERM ACCT. #175933 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Sep7ramInA Served and made known to IME F-- IWNIS"TLR Defendant, on the day of .200.1, at F' SS , o'clockA-.m., at 1606 W • ?FbXCP4 FT >A1 V E-, 04-M P at E4- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I?? 1 Adult family member with whom Defendant(s) reside(s). Name and Relationship is cTI? ?R 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 10 5 Height 515 Weight :200 Race W Sex P Other I, ROW4.1-b `vt0 L-L- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and subscri d be f n thi / D J L v V By: U (L??A SERV C AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Not N Public NOT SERVED Psi U ft Of NOW Jersey ATRICIA E. Commission Ex, HARftjS On the tlf?cl ?,e ,82019 200_, at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 15t Attempt: / / Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200 One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 T? x. n x - i ^ W fir? i cr, AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE DEFENDANT(S) PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER SERVE CHRIS A. CHRONISTER AT: 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 08-3557-CIVIL TERM ACCT. #175933 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to C `GAI S ff . `F-A6 N (ST r-Ik , Defendant, on the i 34h day of _A?00_j at $:5 5 , o'clock k.m., at 1600 u/ . 72XC ROP`T U I ( O E ? ( L,- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. A ?_- VAdult family member with whom Defendant(s) reside(s). Name and Relationship is ?yN f AA& Q4"' i N - L*j 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 705 Height ?, Weight D0 Race 'W Sex Other I, pW/41_0 NLo Imo- , 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. lm? in By: RVICE A LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Publk NOT SERVED Stab of Now,leraey PATH A E. RRIS On t1Bommlasloaj _?iA , 200_, at o'clock _.m., Defendant NOT FOUND because: rf Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of . 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 79 17tl I C-) na C C=5 r Vl-; 'fir q ? r ttW;ti ?` rn AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE DEFENDANT(S) PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER and JANE E. CHRONISTER SERVE PAUL E. KUHN AT: 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 08-3557-CIVIL TERM ACCT. #175933 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to % c E. K u F?/V , Defendant, on the 13TH day of?*MBTy?, 200_j at •. S S o'clock A in., at _ (&)b w • ?? %KC-8 0 1- AN I UL (?AT P 1?1 L Lr Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Name and Relationship is N IF6- 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'1Height Weight ?0 Race W Sex F Other A1 I ( ` `0 L L- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 'AL 200d By: r ` "'P&X4,014 %JY ASE A=MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary PubNc State of New Jersey NOT SERVED PATRICIA E. HARRIS Commission gx0ir9s June 16, 2013 On the day or , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 9 -71 l-1 Li C-0 Y7 ?^ CD ; 7 C, C` Cj 4 OCT 0 2 2008 (n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE Plaintiff VS. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM AND NOW, this 6' day of Oh/w-, 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the aety of ;wog' at Courtroom of the Cumberland County Courthouse Carlisle, Pennsylvania 9 s •ol wn J -100 00oz ? Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 /michele.bradford@fedphe.com PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 Gor i" my t LL I Iob-/o8 ? PAUL E. KUHN 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 175933 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff vs. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of l b was sent to the following individual on the date indicated below. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE: 0 PAUL E. KUHN 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 WhhIl Hallin Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ` _' CD PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff VS. PAUL E. KUHN KATHRYN P.KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE SUNTRUST MORTGAGE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 1, 2008. 3. A Rule was entered by the Court on or about October 6, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 14, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of November 3, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: l 5 (I , - nPh 1'chmieg, LLP By: c ele M. Bradford, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff vs. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 1, 2008. A Rule was entered by the Court on or about October 6, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 14, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: S b By: P e Schmieg, LLP Mi hele M. Bradfor squire Attorney for Plaintiff Exhibit "A" 4 OCT 0 2 ZOOS (a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE Plaintiff VS. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM AND NOW, this 6' day of 06h/n, 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the, dfty of at Courtroom of the C=umberland County Courthouse, Carlisle Pennsylvania BY THE COURT J. too, hew" f my Ulh -3j tu. Exhibit "B" C C= -n ate' C ,G - w: -- C31 r t- `'?; = C) b m _ N O PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff vs. ??Zj Iq ' PAUL E. KUHN KATHRYNP.KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM CERTIF)CCTN OF SERVICE I hereby certify that a t , !)Md correct copy of our Motion to Reassess Damages noting a Rule Return date of l' was sent to the following individual on the date indicated below. PAUL E. KUHN PAUL E. KUHN KATHRYN P. KUHN 422 GEARY AVENUE CHRIS A. CHRONISTER NEW CUMBERLAND, PA 17070 JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE `CAMP HILL, PA 17011 1 Hallin Schmieg, LLP DATE: 101 141AA By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. 'nan chmieg, LLP DATE: l' By: dford, squire ne tBra Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE Plaintiff Vs. PAUL E. KUHN KATHRYNP.KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3557-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. PAUL E. KUHN KATHRYN P.KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 DATE: u PAUL E. KUHN 422 GEARY AVENUE NEW CUMBERLAND, PA 17070 ieg, LLP qh li N By: e M. Bradford, quire A ttorney for Plaintiff NOV, 0 7 2008" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County PAUL E. KUHN No. 08-3557-CIVIL TERM KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendants ORDER AND NOW, this /Z' day of NMI , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and 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 -$127,380.62 Interest Through December 10, 2008 $9,703.08 Per Diem $23.99 Late Charges $516.00 Legal fees $1,675.00 Cost of Suit and Title $1,436.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $9.30 q t -n ,. nrn WOO 91. 3AL a Appraisal/Brokers Price Opinion $130.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,387.91 TOTAL $144,238.41 Plus interest from December 10, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT ?- --7<X - J. 175933 SUNTRUST MORTGAGE VS. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3557-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for SUNTRUST MORTGAGE hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. C DATE: December 3, 2008 C_---PlANIEL G. SCHMIEG, Attorney for Plaintiff w 9 a° £ 1111 31100 clZ 11021- 8002 L L dM 0 L08 LZ o9tlvo w L 53MOY A7M/M a > a W ? W cc z C) M O 4 a ?O? ¢UO° ?z a 1"O z ; ¢x c? 11 ? 0 N con of) 0 z 0 ? z" AU U a UOAP. m E x Z d W M 5 h U o a .? A o o U O f-+ ? pp O M U a C11 MO C 0 0 i 4 ~? ^ a w pQ, .-• 4-4 ?_? ^ 0 rNy °O a o o ?' o a oo x x N c -o U V] c) M aao 112 aw•N ci?,?? x M -g -1 0 W? *C max? o A 3 tZ4 "0 A" C2 2! ?N o ;a o -ax,?>;a O w¢ O 000' N Q) C's ?4 00 a°i 0 V) 011+? ? 3N ?z 0o-a °Ha?pOOa zo C, o O ------------- a l I N I M I? I? I `o I n I oo I rn I O T) w u a u .a L 0..m q H s" 5??y O G uo ??sH u•osw s u g 9S?A 5??r N C ? ?aa ag.? M w d$ c w M o l H e^ . '0 4 u C U :s FS a v a°w o: 0 00 w ? z$ a Hx + ? u I s o? .8 79 4b ' Ilw M r 4 a O C) a a ? / te v r ^ o ^ u U s at d 0 a r, ? M v ?+ rl 'j a+ ? O\ ' ? r•1 y P., \ cad ? '? ? l g r4 0 °a z ?-+MU a a.. d Z Q W Zd0 '? £0 L 6 l 3400 a1Z WOHA a311" 8002 £Z i3o o 4o8 4`Zivo o 3 oo ? $ - c• S3NA8 A3N11d Nsoas w ... u a a T ?'u a °o UUttl ?$ °•a C> a' .yy'O O d_?Q •a w b Gw•a m A 5 8 v, a H SF E y y ? w° qq ? }4m C U UH ; O ? M O U ? ? O b Cm`a'a ? ? u g o0 wy Gw $°c a ao_E?n •O q O N P w U C G O CC, m u U M a Z5 4 a `u d ?o a°w W ds v o a a C U N M h ?p l? 00 01 Nr .?-, o fs. .80 -. A t'. ?y r W'Y" Lf...] 'a e W x o U C7 o c? ? O o 00 9,o>,o 14 zUw o a? Q ¢ a0 °a ? •qi. 'C zoo w ? 7 y Y u .4 T ? V . q E C y'c O y $ w hp Or: £0 LS L 3003d12 WOaj 0311VVV a O e _ 8002 0 l AON 0 l08 LZb000 WG S ZO M30 yW o o 53M09 AlrJlld ?i C y ? C u pU TW N&'Od SO C yqa ? e e .V.. o?°jOg ei q E? ? h >1 9 ? cCl m ? o va o ` M M > o o'o w aN_gw O Q 1 In w e N pO ? h CO 0 ti 4 4 ?yme? a 0 ? ? 0 ? go C F 'J ai H PC uA U a A ? rail O w 4. too u .? t7 a s A a ? ^? o h 4 ?D u 0 0-0 o o' x o h n "e .. s. C V] oo z > m ? z x °' a b M Q X? s N cn r- 00 a u F /S. 7178 2417 6099 0016 1324 4/KXO UNITED STATES DEPARTMENT OF JUSTICE - U.S. ATTORNEY - MIDDLE DISTRICT OF PA 228 WALNUT STREET P.O. BOX 11754 HARRISBURG, PA 17108-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Track & Confirm Search Resufts Label/Receipt Number: 7178 2417 6099 0016 1324 Detailed Results: • Delivered, November 13, 2008, 7:44 am, HARRISBURG, PA 17108 • Notice Left, November 12, 2008, 8:38 am, HARRISBURG, PA 17108 • Acceptance, November 10, 2008,4:32 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, November 10, 2008 Page 1 of 1 Home I Help Track & Confirm Enter LabeVReceipt Number. w Notificaden Option Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 8a> Return Receipt (Electronic) Verify who signed for your item by email fio> Site Map Contact Us Forms Goyl Services Jobs Privacy Policy Terms of Use National & Premier Ac counts Copyright©1999 2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 12/3/2008 7178 2417 6099 0016 1317 4 / KXO US INTERNAL REVENUE SERVICE, SPECIAL PROCEDURES BRANCH 1001 LIBERTY AVE STE 1300 THIRTEENTH FLOOR PITTSBURGH, PA 15222-0000 -fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Jamb =11711's Page 1 of 1 Home I HBID Track Confirm Search Rescl Label/Receipt Number: 7178 2417 6099 00161317 Detailed Results: • Delivered, November 12, 2008, 9:24 am, PITTSBURGH, PA 15222 Arrival at Unit, November 12, 2008, 4:43 am, PITTSBURGH, PA 15219 ¦ Acceptance, November 10, 2008,4:32 pm, PHILADELPHIA, PA 19102 ¦ Electronic Shipping Info Received, November 10, 2008 ?` fark? Ra ter ff?P?catn fA?e s I Track $ Confirm Tfack & Confi m ' Enter Label/Receipt Number. +Ptlft f3fttC)ttS . Track & Confirm by email Get current event information or updates for your item sent to you or others by email. tp> Return Receipt (Electronic) Verify who signed for your item by email. trip n Site Mao Contact Us Forms ov't rvi -- &DI Privacy Policy Copyrights 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Terms of Use National & Premier A ^ un http://trkcnfrml-smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 12/3/2008 ?.?? ,-_ SUNTRUST MORTGAGE f' CUMBERLAND COUNTY PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): V. Plaintiff, Last Known Address (if address cannot be reasonably ascertained, please indicate) Name PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Unemployment Compensation Fund Last Known Address (if address cannot be reasonably ascertained, please indicate) 16th Floor, L&T Building Harrisburg, PA 17121 Pennsylvania Supply, Inc. t" Pennsylvania Supply, Inc. 1300 Linglestown Rd, P.O. Box 60337 C/o W. Scott Henning Harrisburg, PA 17106-0337 Commonwealth of Pennsylvania Department of Revenue United States Department of Justice - U.S. Attorney - Middle District of PA 1001 Paxton Street, P.O. Box 3331 Harrisburg, PA 17104-1645 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Integrity Bank 3345 Market Street Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. Treasury Department P.O. Box 12051 Philadelphia, PA 19105 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 r Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. C-? < /^ /--? ' December 3, 2008 6 C? DATE ANIEL G. SCHMIEG, Attorney for Plaintiff ;l r" 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 Suntrust Mortgage is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 29th day of August, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3557, at the suit of Suntrust Mortgage against Paul E & Kathryn P Kuhn & Chris A & Jane E Chronister is duly recorded as Instrument Number 200840575. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ' A.D. a! rte- of Deeds to eece + pia y, t s, 4wr48dand County CAW, PA W OttfTNflli W Ev*es 0* Fro Monday d im 2010 Suntrust Mortgage In the Court of Common Pleas of VS Cumberland County, Pennsylvania Paul E. Kuhn, Kathryn P. Kuhn, Chris A. Writ No. 2008-3557 Civil Term Chronister and Jane E. Chronister Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1024 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Paul E. Kuhn, Kathryn P. Kuhn, Chris A. Chronister and Jane E. Chronister, by making known unto Jane Chronister, personally and adult in charge, at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 09, 2008 at 1840 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 Paul E. Kuhn, Kathryn P. Kuhn, Chris A. Chronister and Jane E. Chronister, located at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Paul E. Kuhn, Kathryn P. Kuhn, Chris A. Chronister and Jane E. Chronister, by regular mail to their last known address of 1000 West Foxcroft Drive, Camp Hill, PA 17011. These letters were mailed under the date of October 7, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Suntrust Mortgage. It being the highest bid and best price received for the same, Suntrust Mortgage of 1001 Semmes Ave., Richmond, VA 23224, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,042.14. Sheriffs Costs: Docketing $30.00 Poundage 20.43 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge 50.00 Law Journal 359.00 Patriot News 357.29 Share of Bills Distribution of Proceeds 14.92 25.00 0,0 Sheriff s Deed 50.00 r z 3 n' psc-. j 4? w ? $1,042.14 ` C'.KI 4-7?5 n 1/9os , 0?' So Answers: R. Thomas Kline, Sheriff BYJ G dk +-I Real Estate e r 0 SUNTRUST MORTGAGE Plaintiff, N. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3557-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST MORTGAGE Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Unemployment Compensation Fund Last Known Address (if address cannot be reasonably ascertained, please indicate) 16th Floor, L&T Building Harrisburg, PA 17121 Pennsylvania Supply, Inc. Pennsylvania Supply, Inc. C/o W: Scott Henning Commonwealth of Pennsylvania Department of Revenue 1001 Paxton Street, P.O. Box 3331 Harrisburg, PA 17104-1645 1300 Linglestown Rd, P.O. Box 60337 Harrisburg, PA 17106-0337 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. Treasury Department P.O. Box 12051 Philadelphia, PA 19105 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare 'A'PL Casualty Unit Estate Recovery Program 13'b Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Aug_nst 28, 2008 S DATE DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff SUNTRUST MORTGAGE Plaintiff, V. PAUL E. KUHN KATHRYN P. KUHN CHRIS A. CHRONISTER JANE E. CHRONISTER Defendant(s). TO: PAUL E. KUHN August 28, 2008 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 KATHRYN P. KUHN 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 08-3557-CIVIL TERM CHRIS A. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 JANE E. CHRONISTER 1000 WEST FOXCROFT DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $136,890.26 obtained by SUNTRUST MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. - You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that cexrtain lot of land situate in the Borough of Wormleysburg, Cumberland County,< Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the hereinafter mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East 92.16 feet to a point; thence by the same on a curve to the right having a radius of 10 feet, an arc distance of 13.29 feet to a point on the northern side of Echo Road; thence by the northern side of Echo Road, South 60 degrees 54 minutes 27 seconds West 120.89 feet to a point; thence by the western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and being subject to utility easements and building and use restrictions and conditions of record. Parcel #47-18-1302-057 BEING THE SAME PREMISES VESTED IN Chris A. Chronister and Jane E. Chronister, his wife and Paul E. Kuhn and Kathryn P. Kuhn, his wife, by Deed from Jay A. Young, a single man, dated 09/15/2005, recorded 09/29/2005, in Deed Book 271, page 981. PREMISES BEING: 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011 PARCEL NO. 47-18-1302-057 I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3557 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW tO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, Plaintiff (s) From PAUL E. KUHN, KATHRYN P. KUHN, CHRIS A. CHRONISTER AND JANE E. CHRONISTER (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 $136,890.26 L.L. $.50 Interest FROM 8/7/08 -12/10/08 (PER DIEM - $22.50) - $2,835.00 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $252.00 Other Costs Plaintiff Paid Date: AUGUST 29, 2008 (Seal) Leputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #76 On September 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Wormleysburg, Cumberland County, PA Known and numbered as 1000 West Foxcroft Drive, Camp Hill more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2008 By: ! Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Af ant 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. Marie Coyne, SWORN'TO AND SUBSCRIBED before me this 14 day of November. 2008 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RX" WTAT11 0"A NO. 74 Writ No. 2008-3557 Civil Suntrust Mortgage VS. Paul E. Kuhn, Kathryn P. Kuhn, Chris A. Chronister and Jane E. Chronister Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain lot of land situ- ate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows, to wit; BEGINNING at a point on the western side of Foxcroft Drive, said point being the northeastern corner of Lot No. 70, Section D of the herein- after mentioned plans of lots; thence by the western side of West Foxcroft Drive, South 09 degrees 15 minutes 33 seconds East 92.16 feet to a point; thence by the some on a curve to the riot having a radius of 10 drat, an_ arc distance of 13.29 feet to a t on the northern side of Ee ; thence by that northern ' at XChG Road, South 60 degrees 54 ndaute* 27 seconds West 120.89 feet to a point; thence by the western line of Lot No. 70, Section D., North 09 degrees 15 minutes 33 seconds West 130.78 feet to a point; thence by the northern line of Lot No. 70, Section D North 80 degrees 44 minutes 27 seconds East 125 feet to the place of BEGINNING. BEING Lot No. 70, Section D, of the Plan of Lots of Riverview as recorded in Plan Book 11, Page 9, Cumberland County records and be- ing subject to utility easements and building and use restrictions and conditions of record. Parcel #47-18-1302-057. BEING THE SAME PREMISES VESTED IN Chris A. Chronister and Jane E. Chronister, his wife and Paul E. Kuhn and Kathryn P. Kuhn, his wife, by Deed from Jay A. Young, a single man, dated 09/15/2005, recorded 09/29/2005, in Deed Book 271, page 981. PREMISES BEING: 1000 WEST FOXCROFT DRIVE, CAMP HILL, PA 17011. PARCEL NO. 47-18-1302-057. '`The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patfict)WXeWs Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 108 A. D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheme L. Kisner, Notary public CRY Of Hamburg; Dauphin County MY ConxrNeeion E*m Nov. 26, 2011 Member, Pennsylvania Association of Notaries gqWAWft W?Ma7i WMjI96l10"wCk%Tbrm ,Mge Pad 1l_,10ft Ko tp P. Kuhn, GMs,k Ch*daw and Ame E met Aftp" Daniel SchTk9 LEGAL DESCRIPTION ALL 9W oaf* let of bA sbo in the 0060-at Wbiii? Qnbeil m cwnl), Pdm*A Ow paelicidarly boaadbd and destxbad zta fatorrs,ta srir SOGDOM a a paler on the west side of Faiuaoft Drm atid-pA bang the northeastern norm of Lot No. 70„ Sectiea D of the 6 trielruened pbns bf i*- thence by the wesbem side'ofWit i?i?oft iiMe 9oeih 09 doom 15 m$aom 33 wands Fist 42.16 feet to`a prrm tLeaoe byt)?e same ona mnT to the right k* a radios of to Ears, an KC dista m of-13:29 fM io a paw 6n the aorlA au side ofEcho-RDst ftmlrythe side of Edt?ii 5o>dh 60 deg?txs 54 mi'W 27 AWN N#WaaA .piti?tlrSamltydr#itiWit ffoa poh? ?enee?'bea'f 1.+t No 7Q, Seetim D 1 8(ldagrees 44 miumles 27 seconds But 125 feet to the Placs of BF(B36M. BEING to No. 7% &ftm D. of ft -Ow of Lots of Ritei4w aaracosdaa in Pba BoOk 11, Page 9, Cpubetlaad C tq moods ad belt, subject to v&q and.buUag and use rewic#iaes andooadtdem of rabid. Patod #47-18-1302-051 BEING TM SAW PRBAM WNW IN Chris A. Aasow mr and im E cr, his wife aad Pauli Euh1 aad Satbryn P. Kub& Ws wife, by Dead b m Jay A. Yoang, a single man, dated 09/15/1A05, teoatdedt)9f2912005, iaDeed Book 27T,pagt?l...- MUVt: CAW ttUA, M r ntr 1 FARM NO. 47-18-13112-057