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Home My WebLink About08-7478Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 /Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 176980 SUNTRUST MORTGAGE, INC. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ob -?q I V CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176980 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 (717) 249-3166 File #: 176980 1. Plaintiff is SUNTRUST MORTGAGE, INC. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COMMERCE BANK/ HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1997, Page 1835. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 176980 6. The following amounts are due on the mortgage: Principal Balance $269,230.34 Interest $23,897.06 11/01/2007 through 12/22/2008 (Per Diem $57.17) Attorney's Fees $1,300.00 Cumulative Late Charges $483.60 06/22/2007 to 12/22/2008 Cost of Suit and Title Search 750.00 Subtotal $295,661.00 Escrow Credit $0.00 Deficit $242.35 Subtotal 242.35 TOTAL $295,903.35 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 176980 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $295,903.35, together with interest from 12/22/2008 at the rate of $57.17 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 176980 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 19th Street and at the southwest corner of land conveyed by S. Josephine Breach, widow, to Joseph Kutchman, et ux, by deed recorded in the Cumberland County Recorder of Deeds Office in Deed Book'M', Vol. 25, Page 876 and which is also the southwest corner of Lot 338 on the hereinafter referred to plan of lots; thence along the southern line of Lot 228, aforesaid, North 82 degrees 30 minutes East 100 feet to a point; thence South 07 degrees 30 minutes East along the eastern line of Lots 229, 230, 231, 232 and 233 a distance of 150 feet to a point on the northern right-of-way line of Lincoln Street; thence along the northern line of Lincoln Street South 82 degrees 30 minutes West 100 feet to a point on the eastern line of North 19th Street aforesaid; thence along the eastern line of North 19th Street North 07 degrees 30 minutes West 150 feet along the western line of Lots 233, 232, 231, 230 and 229, a distance of 150 feet to the point and place of BEGINNING. The above description prepared in accordance with a survey by William B. Whittock, Professional Engineer, and being Lots 229 through and including 233 as shown on the plan of lots recorded in the Cumberland County Recorder of Deeds Office in Plan Book '1', Page 90. HAVING thereon erected a 1 1/2 story frame dwelling known and numbered as 341 North 19th Street, Camp Hill, Pennsylvania. File #: 176980 BEING the same premises which Thomas G. Liddick and Sally J. Liddick, by corrective deed dated June 4, 1974 and recorded June 5, 1974 in the Office of the Recorder of Deeds in and for Cumberland County in Book Q-25 Page 427, granted and conveyed unto Thomas G. Liddick and Sally J. Liddick, the Grantors herein. PARCEL NO. 01-20-1854-249 PROPERTY BEING: 341 NORTH 19' STREET File M 176980 VERIFICATION I hereby state that I am the attorney for the 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. 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. Aftorney for Plaintiff Q/? y DATE: oI,;t File #: 176980 (A 0 41 ? 11 C-D rt? C? ; < C\J r ? = ?: • 0 LL- O J tV v , SHERIFF'S RETURN - REGULAR CASE NO: 2008-07478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS WOLL PATRICIA A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WOLL PATRICIA A the DEFENDANT , at 2104:00 HOURS, on the 20th day of January , 2009 at 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 by handing to PATRICIA A WOLL 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 Sworn and Subscibed to before me this of So Answers: 18.00 39.60 f' .00 -?-. 10.00 R. Thomas Kline .00 67.60 01/21/2009 PHELAN HALLINAN SCHMIEG By: -? day Deputy Sheriff A. D. ?" ? ;;^ ti? = ?? # ""- .? s ?? ,,.,p ?. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. PATRICIA A. WOLL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7478 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. P Hallinan & Schmieg, LLP ttorn for Plaintiff By: Francis S. Hallin quire Date: 2/19/09 PHS #: 176980 r -. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. PATRICIA A. WOLL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7478 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 Hallinan & Schmieg, LLP Atto for Plaintiff By Francis S. Hallinan, q ire Date: 2/19/09 i VERIFICATION Denise Bailey hereby states that he/she is Assistant Secretary of LITTON LOAN SERVICING, LP, SERVICING AGENT FOR SUNTRUST MORTGAGE, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. DATE: F FR a 4 20H Loan:19503762 Name: Denise Balley Title: Assistant Secretary Company: LITTON LOAN SERVICING, LP, SERVICING AGENT FOR SUNTRUST MORTGAGE, INC. File #: 176980 x- i i CO c?? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7478 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRICIA A. WOLL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $295,903.35 Interest - 12/23/2008 to 02/26/2009 $3,773.22 TOTAL $299,676.57 I hereby certify that (1) the addresses of the 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: Q -42 PHS # 176980 PRO PROTHY a PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 SUNTRUST MORTGAGE, INC. v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7478 PATRICIA A. WOLL Defendant(s) TO: PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 DATE OF NOTICE: February 11, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMA OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE P S RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOW /SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B T S ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association ,32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LAUREN MATTER Legal Assistant PHS # 176980 4. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. PATRICIA A. WOLL Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7478 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PATRICIA A. WOLL is over 18 years of age and resides at 433 SAMPLE BRIDGE ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff 51 ti (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7478 Notice is given that a Judgment in the above captioned matter has been entered against you on d1,2 7L0 I a '00ti --M By: ? /I DEPUTY If you have any questions concerning this matter please contact: aniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** -4' 'Pf-A7'fJ?m #T: ME\)iwisLi Wgu v ez> C- l5-aq AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) PATRICIA A. WOLL SERVE PATRICIA A. WOLL AT: CUMBERLAND COUNTY No. 08-7478 ACCT. #176980 433 SAMPLE BRIDGE ROAD Type of Action ENOLA, PA 17025 - Notice of Sheriff's Salo Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to „SAT Ric! i A A. W o L L Defendant, on the 2144" day of 20q, T P^ at ' 3 o'clock D.nL at of Pennsylvania, in the manner described below- Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or. relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s.company. Other: Comnonwealth Description: Agen_ S Height 'q, Weight j3Q Race Sex ? Other 1, ?oNA-t,b ! UI d LA_ a competent adult, being duly sworn according to law, depose and state th 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 ci on the date and at the address indicated above. _ -0.0.6-0-04 Sworn to and subscribed KIMBERUI CURTY before met ay NOTARY PUB S of 2 STATE OF NEW Ot` Notary Dpnrmissigj,LxPlres M fe PLEAS P SERVICE AT LEAST 3 TIMES. INDICATE DATES & THKES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at Moved Unknown No Answer 1" Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200. Notary: By: o'clock -.1u.; Defendant NOT FOUND beca?se: Vacant 20d Attempt: / ! Time: Attorney for Plaintiff DANIEL G. SCHIMIIEG, Esquire-. I.D. o..62205 One Penn Center at Suburban Station, uite 1400 1617 John F. 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Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. PATRICIA A. WOLL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-7478 : CUMBERLAND COUNTY PHS #: 176980 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: bdAn?L ? Lai ence T. Phel , Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-15-09 PHS #: 176980 FILE I ".* ! ?. 0F is ?'V Y 201;9 JUL 17 Pl"I 1: -4 1 VERIFICATION teX)?S'6 hereby states that he/she is ARck- i3eCCek and a - ` of LITTON LOAN SERVICING, LP, mortgage loan servicing on behalf of the plaintiff and or its subsequent assignees for plaintiff herein, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: ??e2i 1ge- DATE: MIZAP? Title: nSZ!L - ' CC e ar t1?-, Company: LITTON LOAN SERVICING, LP Loan: 19503762 File #: 176980 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. PATRICIA A. WOLL Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-7478 : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? La ence T. P elan, 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 RSheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-15-09 FR.F_'-C 2uQ9 Ji{ti 17 P1;' 1. 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff V. PATRICIA A. WOLL Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7478 AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE. PURSUANT TO Pa. R.C.P. 405 OF NOTICF OF SALF. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, the undersigned attorney for SUNTRUST MORTGAGE, INC., hereby verify as follows: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 341 NORTH 19TH STRF,F.T, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". PHELAN, HALLINAN & SCHMIEG?, LLP By: wrenee T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206772--?- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: 7 /.: 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 176980-SXF a O o? a ? ?U uv a ?xa Uw ?? A, b h m a d Ab 64 Q 0 i V ? F £0 L6 l 3003diZ WOH-4 Qal,VVI 600z LE ?j" 0 408 LZt000 5? L 0 0 N OOZ ZO S WL z0 Nl • ? ? 9 C6 ??? C 0 ? ??a F p MA 6 . A F 'L V .J 66 gg a ? ? ?vv O •H 1O ? c9 Y O [+ G W 8 A O a o 42 F a? a? o 9. 8 o "?' ? C O w ? N O O ? o ? 2 b?s? 00 N Ltr AGO a o r -o a . 3 w a o oc cd Cd > A? 0000 cl N b U ° a ? H w a o a En v? Q PG ?" a O Q fwd (Yi E N U O .. ~ o w O ?H o `nC14 a a 0 ? a d o a ? C7 ... v a .n ?- a3 a ° ? O 3 d U w ? 0 3? w X00 wo O? O EA ? 0x o z w p AUM .•U 0 O W UAa M U U$ A, `k a ? 2 a m E Z m a a3 ? o; b E I IL - 7 F (? 2 0 0 9 ?GL 31 AM 10: 2- ' r. v +3VX\?:;A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. PATRICIA A. WOLL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7478 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 24, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit 6W5 2. Judgment was entered on February 27, 2009 in the amount of $299,676.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 2, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $269,230.34 Interest Through September 2, 2009 $38,377.30 Per Diem $57.17 Late Charges $386.88 Legal fees $1,300.00 Cost of Suit and Title $1,066.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $97.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $12,065.29 TOTAL $322,523.81 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 Defendant. 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 Defendant on July 29, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: A By: Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id.' No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. N4.202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq,, Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. PATRICIA A. WOLL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7478 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE PATRICIA A. WOLL 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 341 NORTH 19TH STREET, 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mort age a Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First FedggI Savings and Loan Association v. Street Road Shoppin Cg enter, 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. Citim 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. Phelan Hallinan & Schmieg, LLP DATE: By: wrence T. P elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" I., Phelan Hallinan & Schmieg, LLP ........ phi fi.la EsqId. No. 32227 Lawrence n, Francis S. Hallman, Esq., Id. No. 62695 - A C= P Daniel G. Schmieg, Esq., Id. No. 62205 C Michele M. Bradford, Esq., Id. No. 69849 ,..? rn " Judith T. Romano, Esq., Id. No. 58745 Z =l' ` ' g, Sheetal R. Shah Jan, Esq., Id. No. 81760 ":: Jenne R. Davey, Esq., Id. No. 87077 < r:. -a r Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Z •• "-` Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy,. Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 i Chrisovalante P Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard,- Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 176980 SUNTRUST MORTGAGE, INC. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. NO. pg -?q g' CUMBERLAND COUNTY PATRICIA A. WOLL 341. NORTH .19TH STREET -h"*Y OWNY *9 it, CAMP. H1 LL, PA 17011 . „s,-,:sue : N...,?.+r•'? .Ddanx ... CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176990 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 maybe 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 FORTIS 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: C n*aland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 1769 1. Plaintiff is SUNTRUST MORTGAGE, INC. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/22/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COMMERCE BANK/ HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1997, Page 1835. The PLAIN'T'IFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a, date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 176980 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2007 through 12/2212008 (Per Diem $57.17) Attorney's Fees Cumulative Late Charges 06/22/2007 to 12/22/2008 Cost of Suit and Title Search Subtotal Escrow Credit . Deficit Subtotal TOTAL 7. 8. $269,230.34 $23,897.06 $1,300.00 $483.60 $750.00 $295,661.00 $O:OO $242.35 $242.35 $295,903.35 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 no seeking a judgment of personal liability (or an in personam Judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right! to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 176980 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $295,903.35, together with interest from 12/22/2008 at the rate of $57.17 per them to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCBMIEG, LLP /1)17 90i3 $y; a?o? - Y Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-JanL Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 176980 LEGAL DESCREMON ALL that certain tract or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 19th Street and at the southwest corner of land conveyed by S. Josephine Breach, widow, to Joseph Kutchman, et ux, by dead recorded in the Cumberland County Recorder of Deeds Office in Deed Book `M', Vol. 25, Page 876 and which is also the southwest comer of Lot 338 on the hereinafter referred to plan of lots; thence along the southern line of Lot 228, aforesaid, North 82 degrees 30 minutes East 100 feet to a point; thence South 07 degrees 30 minutes East along the eastern line of Lots 229,230, 231, 232 and 233 a distance of 150 feet to a point on the northern right-of-way line of Lincoln Street; thence along the northern line of Lincoln Street South 82 degrees 30 minutes West 100 feet to a point on the eastern line of North 19th Street aforesaid, thence along the eastern lime of North 19th Street North 07 degrees 30 minutes West 150 feet along the western line of Lots 233, 232, 231, 230 and 229, a distance of 150 feet to the point and place of BEGINNING. The above description prepared in accordance with a survey by William B. Whittock, Professional Engineer, and being Lots 229 through and including 233 as shown on the plan of lots recorded in the Cumberland County Recorder of Deeds Office in Plan Book T, Page 90. HAVING thereon erected a 11/2 story frame dwelling known and numbered as 341 North 19th Street, Camp Hill, Pennsylvania. File M 176980 BEING the same premises which Thomas G. Liddick and Sally J. Liddick, by corrective deed dated June 4, 1974 and recorded June 5, 1974 in the Office of the Recorder of Deeds in and for Cumberland County in Book Q-25 Page 427, granted and conveyed unto Thomas' G. Liddick and Sally J. Liddick, the Grantors herein. PARCEL NO. 01-20-1854-249 PROPERTY BEING: 341 NORTH 19TH STREET File M 176M VERIFICATION Denise Bailey hereby states that he/she is Assistant Secreta_ of LITTON LOAN SERVICING, LP, SERVICING AGENT FOR SUNTRUST MORTGAGE, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in.Mortgage Foreclosure are true and correct to the best of higher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Denise Bailefr DATE: FM 8-4 Title: Assistant &=eWy Company: LITTON LOAN SERVICING, LP, SERVICING AGENT FOR SUN7RUST MORTGAGE, INC. Loan: Afto File #: 176980 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 Attorney for Plaintiff g 41 L; T CUMBERLAND COUNTY COURT OF COMMON PL` r CIVIL DIVISION No. 08-7478 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: NO 0 F'? 1 N 0 _n Z '%m kEAW- Kindly enter judgment in.favor of the Plaintiff and against PATRICIA A. OLL Mfendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days 6om service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $295,90335 Interest -12/23/2008 to 02/2612009 773.22 TOTAL $299,676.57 I hereby certify that (1) the addresses of the 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: -,Q 12 ZL PES # 176980 PRO PROTHY Exhibit "C" 3 8 a? a c? o a? ?a a v ? a 60? zeo Y C o L s G 300a CIZ WOHA 0311dw ' ' ? N sooz sz -inr o Los avooo s OWN $ Wl z0 . ? G ,,CdC y 53 a MOa A3M"d O W -• ? O O ? O ? ,/MVn N° l F ? 99 a? ? c y O ? a° b a G O F N G O A-0 O .? p ? 1?1 _ g gp ? O O rl ? n ' O w ir?9 'C ,.. O O O ? O a ^ 4 x a ?x? g? ? a z ?•? = PC w ? U F C a a w a E X-1 0 ' ' Q O t ,. • ?, ?. a w J 4 . ' PC e ? ?,d Vii ?_ Z a a ? a 0 a a ?? z N en v1 %Q l? 00 42S r, c] CM = n z VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 91 By: ,.-nLawrence T. Phelan, Esq., Id.. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Iii. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Icy. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. PATRICIA A. WOLL ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7478 Defendant 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. PATRICIA A. WOLL PATRICIA A. WOLL 341 NORTH 19TH STREET 433 SAMPLE BRIDGE ROAD CAMP HILL, PA 17011 ENOLA, PA 17025 Phelan Hallinan & Schmieg, LLP DATE: By: 4:f %--- Lawrence T. Phelan, Esq., Id, No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF OF THE 'Hr' ? T '' 2009 AUG -4 A 9: 5 AUG 0 5 2009.? '3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County PATRICIA A. WOLL No. 08-7478 Defendant RULE AND NOW, this day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ee Rule Returnable on the day of 2009, at ( in.Qw-gym -A3 Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. Y TH URT J. ? Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 I PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 176980 THE 2909 AUG -6 P 12; 2 i N. ITV A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. PATRICIA A. WOLL Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7478 V • CERTIFICATION OF SERVICE I'hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 28, 2009 was sent to the following individual on the date indicated below. PATRICIA A. WOLL PATRICIA A. WOLL 341 NORTH 19TH STREET 433 SAMPLE BRIDGE ROAD CAMP HILL, PA 17011 ENOLA, PA 17025 Phelan Hallinan & Schmieg, LLP DATE: ( `7 By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF RLED-OFFCE OF IK PROTHICO }C?TARY 209 AUG 18 AM 10= 58 SUNTRUST MORTGAGE, INC. Plaintiff VS. PATRICIA A. WOLL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7478 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff at Oral Argument on Plaintiff's Motion to Reassess Damages on August 28, 2009 at 9:00 a.m. in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Date: August 18, 2009 ?\ n ) Dale F: Sha111,9-373 Supreme Cou 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Michele M. Bradford, Esquire Patricia A. Woll OF THE P-"(',POINOTARY 2009 AUG 18 PM 2: 33 €'EINNS Yt.ANIlt r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff ; Civil Division V. CUMBERLAND County PATRICIA A. WOLL Defendant No. 08-7478 ORDER AND NOW, thisAJ71ay of , 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through September 2, 2009 Per Diem $57.17 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 $269,230.34 $38,377.30 $386.88 $1,300.00 $1,066.50 $0.00 $97.50 $0.00 $0.00 $0.00 ($0.00) $12,065.29 TOTAL $322,523.81 176980 M Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. J. Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 8 FAX: (215) 563-3459 c a?zu+ ,? n PATRICIA A. WOLL 341 NORTH 19TH STREET CAMP HILL, PA 17011 PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 176980 FILED-,-); 11 OF THE 2009 AUG 28 AM !C: 11 Sheriffs Office of Cumberland County R Thomas Kline FiLF- 7 i-11k -,' E F7 1! 'P`ti>TrY Sheriff x TI-ic Ronny R Anderson' Chief Deputy 2009 OCT 30 P t 1 3: G 2 Jody S Smith Civil Process Sergeant 7...r ?ti r Edward L Schorpp Solicitor Suntrust Mortgage, Inc. Case Number vs. Patricia A Woll 08-7478 SHERIFF'S RETURN OF SERVICE 06/30/2009 11:32 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/05 at 1130 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patricia A. Woll, located at, 341 North 19th Street, Camp Hill, Cumberland County, Pennsylvania according to law. 06/30/2009 10:43 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/05 at 1040 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Patricia A. Woll, by making known unto, Patricia A. Woll, personally, at, 433 Sample Bridge Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/02/2009 Property sale postponed to 10/7/2009. 10/07/2009 Property sold to Atty Daniel Schmieg for $1.00 on 10/7/09 10/16/2009 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 October 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, of, P.O. Box 650043, Dallas, TX, 75265-0043, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 999.92 SHERIFF COST: $999.92 October 16, 2009 1 f /V 51b9 L), SO ANSWERS, R THOMAS KLINE, ERIF qV, .5 d j P30 SUNTRUST MORTGAGE, INC. Plaintiff, V. PATRICIA A. WOLL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7478 AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,341 NORTH 19TH STREET, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 341 NORTH 19TH STREET 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 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 27, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 08-7478 PATRICIA A. WOLL Defendant(s). March 27, 2009 TO: PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINSTPROPERTY. ** Your house (real estate) at, 341 NORTH 19TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $299,676.57 obtained by SUNTRUST MORTGAGE, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 19 Street and at the southwest corner of land conveyed by S. Josephine Breach, widow, to Joseph Kutchman, et ux, by Deed recorded in the Cumberland County Recorder of Deeds Office, in Deed Book 'M', Volume 25, Page 876, and which is also the southwest corner of Lot No. 228, on the hereinafter referred to Plan of Lot; thence along the southern line of Lot No. 228, aforesaid, North 82 degrees 30 minutes East, 100.00 feet to a point; thence South 07 degrees 30 minutes East along the eastern line of Lots Nos. 229, 230, 231, 232 and 233, a distance of 150.00 feet to a point on the northern right-of-way line of Lincoln Street; thence along the northern line of Lincoln Street, South 82 degrees 30 minutes West, 100.00 feet to a point on the eastern line of North 19th Street aforesaid; thence along the eastern line of North 19th Street, North 07 degrees 30 minutes West, 150.00 feet along the western line of Lots Nos. 233, 232, 231, 230 and 229, a distance of 150.00 feet to the point and place of BEGINNING. The above description prepared in accordance with a survey by William B. Whittock, Professional Engineer, and being Lots Nos. 229 through and including 233, as shown on the Plan of Lots recorded in the Cumberland County Recorder of Deeds Office, in Plan Book 1, Page 90. HAVING THEREON ERECTED a 1-1/2 story frame dwelling known and numbered as 341 N. 19th Street, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Patricia A. Woll, single woman, by Deed from Thomas G. Liddick and Sally J. Liddick, h/w, dated 06/22/2007, recorded 06/27/2007, in Deed Book 280, page 3319. PREMISES BEING: 341 NORTH 19TH STREET, CAMP HILL, PA 17011 PARCEL NO. 01-20-1854-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7478 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From PATRICIA A. WOLL (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 $299,260.88 L.L. $.50 Interest from 2/27/09 - 9/02/09 (per diem - $49.26) -- $9,260.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $186.60 Other Costs Plaintiff Paid Date: 3/30/09 L?Pmle urtis R. L r t o otary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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 # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Camp Hill, Cumberland County, PA Known and numbered as, 341 North 19th Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 B: Real Estate Coordinator ` G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 30TH day of MARCH, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7478, at the suit of SUNTRUST MTG INC against PATRICIA A WOLL is duly recorded as Instrument Number 200936933. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Q day of A.D. C2 &-p 9 of Deeds rtsc-:Iga c! D ;l CumbsrAW COunh. CtiW PA My COM4ssion Ey*' Qs Ow Fv* Mo,4ay of Jsn 2010 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: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, Editor SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 C Notary NOTARIAL SEAL DEBORAH A COLLINS CARLISLE BOROt CUMBERLAND 2010 My Commission Expires LAND , COUW Apr 28, 201 Q REAL ESTATE BALE NO. 98 Writ No. 08-7478 Civil Suntrust Mortgage, Inc. VS. Patricia A. Woll Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 19 Street and at the southwest corner of land conveyed by S. Josephine Breach, widow, to Joseph Kutchman, et ux, by Deed recorded in the Cumberland County Recorder of Deeds Office, in Deed Book SM', Volume 25, Page 876, and which is also the southwest corner of Lot No. 228, on the herein- after referred to Plan of Lot; thence along the southern line of Lot No. 228, aforesaid, North 82 degrees 30 minutes East, 100.00 feet to a point; thence South 07 degrees 30 minutes East along the eastern line of Lots Nos. 229, 230, 231, 232 and 233, a distance of 150.00 feet to a point on the northern right-of-way line of Lincoln Street; thence along the northern line of Lincoln Street, South 82 degrees 30 minutes West, 100.00 feet to a point on the eastern line of North 19th Street aforesaid; thence along the eastern line of North 19th Street, North 07 degrees 30 minutes West, 150.00 feet along the western line of Lots Nos. 233, 232, 231, 230 and 229, a distance of 150.00 feet to the point and place of BEGINNING. The above description prepared in accordance with a survey by William B. Whittock, Professional Engineer, and being Lots Nos. 229 through and including 233, as shown on the Plan of Lots recorded in the Cumberland County Recorder of Deeds Office, in Plan Book 1, Page 90. HAVING THEREON ERECTED a 1-1/2 story frame dwelling known and numbered as 341 N. 19th Street, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Patricia A. Woll, single woman, by Deed from Thomas G. Lid- dick and Sallv J. Liddick, hlw, dated 06/22/2007, recorded 06/27/2007, in Deed Book 280, page 3319. PREMISES BEING: 341 NORTH 19TH STREET, CAMP HILL, PA 17011. PARCEL NO. 01-20-1854-249. The Patriot-News Co. 812, Market St. Harrisburg, -PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4tPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07131/09 ?- . 08/07/09 Sworn t a ubscribed befo a th' 1 y of August, 2009 A.D. Notary Public V COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shame L Kisner, Notary Public City Of Harrisburg, Dauphin County My Cornmissior. Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Nis Ms. M 4*111 fib. C?-7+i ! itrM7?rm l sasKMM ham. vs: Pstlids+.A Walt A*: DMWSch*ft LEGAL DESCRIPTION ALL THAT' CkM N%4taet or parcel of land situate in • The ' Boiotgh of Camp Hill, Cumberland County,' Penasylvama, more patticuWy boueded`aal described as follows, to wit; B13Gi MG at &,point on the• eastern side bf North-19 Strew and At''1be southwest comerof liprdconveyed 6 S:;Josephine Breacb, widow, to Jaseph Kutchman, et m by Deed recorded in the Comabaland Crony ROw der of Deeds (Mce, in Deed Uk, $W, Volume 25; Page 876, and which is also the sootbwest corner of Lot No. 228, on the hereinafter referred to Plan of Lot; thence along the southern lira of Lot No, 228, aforesaid, North 82 degrees 30 minutes B* X60,60 fact to a point; thm South 07 degrees JD minutes East along the eastern line of Lots Nos. 229, 230, 231, 232 and 233, a distance of 150.00 feet to a point, oa & ght-of-way line of Lincoln Street t?slo ring.the noithem be of Lincoln Streit, Sooth'82 degrees 30 minutes West, 100.00fa4 to a poi on the esote p line of North 19th Stiset afoesaid; them "aim the eartem line of North .19th Sdreet, Nod 07 degrees 36 minutes Wi4150.00 feet alatg the western lints of Lots Nos. t3,232, 231; 230 and 229,'a distance of 150.00 feet to the *in and place of BEt3lNNli q. The above dexription prepared in aaw dance wide a wM byWillimn B. Whitlock, professional Engineer, and being Lots Nos. 229 Throng and including 233, as shown on `the Plan of Lots recorded in the Cumberland County Recorder of Deeds office, in Plan Book 1, Page 90. HAVING THEREON ERE= a 1-112 story frame dwelling known and numbered as 341 N. 19th Street, Camp Hill, Pennsylvania. TPfI. 76 SAID PREMISES IS VESTffi11Q'PAStieia A.1tK single woman, by Deal from Tltotnea G. Liddick and Sally J. Liddick,"hiw, dated 09221200%, recorded W271 '2001, in Deed Bdok 280,' page 3319. PAE),M M. 341140M " 19'141 SYIM, CAMP H1L1, PA 17011 PARCEL NO. 01-20•M4-249