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HomeMy WebLinkAbout09-5849Phelan 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 Chrisovaiante P. Fliakos, Esq., Id. No. 94620 Jos ua I. Goldman, Esq., Id. No. 205047 urtenay 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 214205 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. XIMENA R. BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq- 5849 Civi I ier" CUMBERLAND COUNTY File #: 214205 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 #: 214205 I 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: XM1ENA R. BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/23/2006 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. 1956, Page 2555. 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 01 /01 /2009 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 #: 214205 6. The following amounts are due on the mortgage: Principal Balance $166,490.94 Interest $7,768.30 12/01/2008 through 08/19/2009 (Per Diem $29.65) Attorney's Fees $1,300.00 Cumulative Late Charges $768.76 06/23/2006 to 08/19/2009 Property Inspections $9.00 Mortgage Insurance Premium / $134.76 Private Mortgage Insurance Cost of Suit and Title Search $750.00 Subtotal $177,221.76 Escrow Credit $0.00 Deficit $0.00 Subtotal $0-00 TOTAL $177,221.76 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 nersonam 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 #: 214205 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $177,221.76, together with interest from 08/19/2009 at the rate of $29.65 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: --- awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 214205 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Ashburg Drive at the southwest corner of Lot No. 16; thence along said right-of-way line by a curve to the left, said curve having a radius of 385.00 feet and an arc distance of 24.11 feet to a point; thence along Lot No. 14 North 10 degrees 17 minutes 23 seconds West, a distance of 140.45 feet to a point; thence along lands now or formerly of Max Hempt, Deed Book 21, Volume'B', Page 651 North 75 degrees 50 minutes 50 seconds East, a distance of 24.05 feet to a point; thence along Lot No. 16 South 10 degrees 17 minutes 23 seconds East, a distance of 144.32 feet to a point, said point being the place of BEGINNING. CONTAINING 0.08 acres HAVING THEREON ERECTED a two-story townhouse known and numbered as 30 Ashburg Drive, Mechanicsburg, PA 17050. BEING LOT NO 15 as shown on a Final Land Subdivision Plan of Phase 1 of Waterford Square prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74. File #: 214205 I BEING PART OF THE SAME PREMISES which Waterford Square Associates, Inc., a Pennsylvania corporation, by its deed dated May 17, 1996, and recorded May 21, 1996, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 139, Page 670, granted and conveyed unto Fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR, herein. UNDER AND SUBJECT to restrictions as set forth in Misc. Book 488, Page 590, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of way of record and as shown on the above-mentioned plan of lots. PARCEL NO. 38-18-1342-071 PROPERTY BEING: 30 ASHBURG DRIVE File #: 214205 1 The undersigned attorney hereby states 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. 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. DATE: .0000-mey for Plaintiff File #: 214205 0 F'" ? ^SQTARY OF THFI! 2003 AUG 25 PH 2: 15 CUP, a .Jt ? 1W? ?- 2.4, t PE' NNSYL Ai A 0.50 m I%ii'1 84a 153 aUS 71 AA i Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE OF "-e SrERiFF , ( `i it "Ivy OF REE p ,?} ,..n,in;?Ry 2009 AUG 31 P l i 3:34 Pr i `"; '. 'to Edward L Schorpp Solicitor Suntrust Mortgage, Inc. vs. Ximena R. Boyer Case Number 2009-5849 SHERIFF'S RETURN OF SERVICE 08/27/2009 05:45 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2009 at 1745 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ximena R. Boyer, by making known unto herself personally, at 30 Ashburc Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 28, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 470ty? Sheriff 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 ?dfvek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. XIMENA R. BOYER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-5849-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against XIMENA R. BOYER, 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 $177,221.76 Interest - 08/20/2009 to 09/30/2009 $1,245.30 TOTAL $178,467.06 I hereby certify that (1) the Defendant's last known address is 30 ASHBURG DRIVE, MECHANICSBURG, PA 17050-8203, and (2) that notice has bee iven in accordance with Rule 237.1, copy attached. Lawr ce t-thelan, 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, Esquir Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: in 1, In? PHS # 214205 1 PROTHONOTARY .;1-1? 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 Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. XIMENA R. BOYER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-5849-CIVIL-TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant XIMENA R. BOYER is over 18 years of age and resides at 30 ASHBURG DRIVE, MECHANICSBURG, PA 17050-8203. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? Lawre 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 ? S eetal R. Shah-Jani, Esq., Id. No. 81760 ? enine R. Davey, Esq., Id. No. 87077 F-Kauren 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 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. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v XR%4ENA R. BOYER NO. 09-5849-CIVIL-TERM CUMBERLAND COUNTY Defendant(s) TO: XIMENA R. BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 DATE OF NOTICE: September 17, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. PHS # 214205 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 A(717) 249-3166 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 214205 R XD-+JFFICE Of THE PPOTFONOTARY 2049 OCT -1 AM 11: 55 CEDE =x?-40 COUNTY PENNSYLVANIA. 14. 00 P p A?'f Lt ?'!? 8585cv s ? x31313 K)Ae? W.tij (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. XIMENA R. BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-5849-CIVIL-TERM Notice is given that a Judgment in the above captioned matter has been entered against you on _ lob o B A..4,-D T_ BT 4-t7m If you have any questions concerning this mattase contact: Lawrence T. Ian, Esquire Francis S. Ha inan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS 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 AN ATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 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. ~~'~ %~ _ ~Q~J ~f1J~1 Z J ~i'i .~~ ZJ r .} .v Y'fr, ~j~~ _~~~i-'~ i~la ATTORNEY FOR PLAINTIFF COURTQP` COlt21at01~ P~.EAS CIVIL DIVISION N0.09-5849-CIVIL-TERM XIMENA R. BOYER CUMBERLAND COUNTY Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 214205 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: l d -~-~.~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ©~ancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., td. Iqo. 8276Q ^ 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., l~ 2~v: 8~4~39 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., I~. AIQ. 94624 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 2C16T79 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 214205 VERIFICATION L 1ay; ~ Wa~e hereby states that he/she is ~orec~=S4r 5~~;.~; ~-l~ of SUNTRUST MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, 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. DATE: ~ O D Name: v~~ Wa~e Title:~o~{cl~s~~c .~otc.: alts-E- Company: SUNTRUST MORTGAGE CORPORATION File #: 214205 Boyer 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. XIMENA R. BOYER Defendant(s) A~'TO1~iEY F4R PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-5849-CIVIL-TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffls Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHS #: 214205 XIMENA R. BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ~~-~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ~rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Ict. No. 5874 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq:, Id. No. 57477 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. lvo. 2'B233f ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. N6.6t79t ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McC~u~uess, Fsd,, Id,, N,O,,.gp,13.q ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esc}., icL No.. 2QSQ47 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Brarrrble~t, Esq:, Id: Noo- 248375 Date: 1-25-10 PHS #: 214205 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE, INC. PHS # 214205 DEFENDANT SERVICE TEAMI iin XIMENA R. BOYER COURT NO.: 09-5849-CIVIL-TERM SERVE XIMENA R. BOYER AT: TYPE OF ACTION 30 ASHBURG DRIVE XX Notice of Sheriff s Sale MECHANICSBURG, PA 17050-8203 SALE DATE: 06/02!2010 SERVED Served and made known to ~ ~ MINA ~?. BDYER ,Defendant on the 7~'day of d1Q~ , ?~! ~~t 7 ; ~ o'clock ~. M., at ~p~~ RiJ14b DiQ',~'hEC-dAMes BuRb,~in the manner described below: C =' '~~ V Defendant personally served. '7Y1 `~? -~ Adult family member with whom Defendant(s) reside(s). '-' ~' ' w ?~ Relationship is i; N c~ - Adult in charge of Defendant's residence who refused to give name or relationship. ~ ._? _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~= ~- :~~ __t ~, ~~.: ~9 _ Agent or person in charge of Defendant's office or usual place of business. ~<~'~ ~~,~_ "' ~ --~ c n~ ~ _ an officer of said Defendant's company. ~ == -'. - -i Other: :~ -~- ~" s- Description: Age COs Height ' ~~ Weight x.'1.0 Race W Sex ~ Other I, Kt7'1~'~'t~A iytp tel. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed 1CIMPERLY CURTY before me this 2~~ day NOTARY PUBLIC of ~A'I~ , 20(~~. STAT'E OF 1VEW tERSEY COi~!V[1SS::`N 'EXPIRES MARCH 7, 2013 No By: ~7 v'~ NOT SER D On the f , 200_, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of ~ By: Notary: _ Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF fawrenm T. Phelan, Esq., Id. No. 32227 Francis S. HalBnan, Esq., Id. No. 62695 Daniel C. Schmieg, Fsq., Id. Na 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 SheMai R Shah•Jani, Esq., Id. No. 81760 Janine 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. 866.57 Peter J. Mulcahy, Esq., Id. No. 6]19] Andrew 1,. Spivack, Esq., [d. No. 84439 Jaime McGuinness, Esq., Id. No. 40134 Chrivrovalan[e P. Fiiakas, Esq., Id. No.94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Dung Fsq., Id. No. 206779 Andrew C. Brambletl, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563J000 IN THE COURT OF COMMON PLEAS MAY 14 2p~p CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff v. XIMENA R. BOYER Defendant : Civil Division CUMBERLAND County No.09-5849-CIVIL-TERM ORDER AND NOW, this 1 ~" day of ~~ , 2010, upon consideration of Plaintiff`s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $166,490.94 Interest Through June 2, 2010 $16,274.92 Per Diem $29.65 Late Charges $1,151.32 Legal fees $1,300.00 Cost of Suit and Title $1,191.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $9.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $336.90 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,392.62 TOTAL $189,147.20 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. l»D~IF.S !'h$t~~ X. ~~ s~l7~rv 1 BY TH OURT r~.,r-~~~r ~r ~ /J ~~~~ ~ ~v' _ ~"/ ~ - , ~, ~~ ~ ~t,.~ ._,.v .__~:, , J. a~ :Z Wd ~! '.~~~ Qi4l 214205 ~~ ,, -• -, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F'L~4:,_,~., ^ - :.~ c Sheriff ! ~ ~ ~ ;~ '~ ~`?V Jody S Smith ~aa~,tr c! ~*un,b~r~I,~ _ . , , Chief Deputy '~ ~ Z~ i Q ,~~ r ?~ Richard W Stewart ~~~- Solicitor ~Fice -mss $kE~i~F C~;~~ ''.~ Suntrust Mortgage, Inc. vs. Case Number Ximena R. Boyer 2009-5849 SHERIFF'S RETURN OF SERVICE 04/01/2010 07:35 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1931 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 Zimena R. Boyer, located at 30 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/08/2010 05:04 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 1724 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: Ximena R. Boyer, by making known unto, Ximena R. Boyer, personally, at, 30 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 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, Inc., 1001 Semmes Avenue, P.O. Box 27767, Richmond, VA 23224, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 749.87 SHERIFF COST: $749.87 SO ANSWERS, «^ (~ June 30, 2010 RON R ANDERSON, SHERIFF c1~• DO ~ . Q,t~ . a -oa pd• ~ . ~ G~p~', Gfi;~ ?~ 9S~ a~,S3oC~ (cj CountySuite Shenff. Teleosoft. hic. SUNTRU~ST 1~'ORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. XIMENA R. BOYER N0.09-5849-CIVIL-TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: XIMENA R BOYER 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 **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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 30 ASHBURG DRIVE, MECHANICSBURG, PA 17050-8203 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $178,467.06 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 21230. 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.) Y YOU MAY S'P'ILL BE ~ABLE'TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffls 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-5849-CIVIL-TERM SUNTRUST MORTGAGE, INC. vs. XIMENA R. BOYER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 30 ASHBURG DRIVE. MECHANICSBURG PA 17050-8203 Parcel No. 38-18-1342-071 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $178,467.06 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevazd, Suite 1400 Philadelphia, PA 19103 215-563-7000 , LEGAL DESCRIPTION ,~ ~ ;' ALL THAT CERTAIN `lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of--way line of Ashburg Drive at the southwest corner of Lot No. 16; thence along said right-of--way line by a curve to the left, said curve having a radius of 385.00 feet and an azc distance of 24.11 feet to a point; thence along Lot No. 14 North 10 degrees 17 minutes 23 seconds West, a distance of 140.45 feet to a point; thence along lands now or formerly of Max Hempt, Deed Book 21, Volume'B', Page 651 North 75 degrees 50 minutes 50 seconds East, a distance of 24.05 feet to a point; thence along Lot No. 16 South 10 degrees 17 minutes 23 seconds East, a distance of 144.32 feet to a point, said point being the place of BEGINNING. CONTAINING 0.08 acres HAVING THEREON ERECTED atwo-story townhouse known and numbered as 30 Ashburg Drive, Mechanicsburg, PA 17050. BEING LOT NO 15 as shown on a Final Land Subdivision Plan of Phase 1 of Waterford Squaze prepared by H. Edward Black and Associates and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 74. UNDER AND SUBJECT to restrictions as set forth in Misc. Book 488, Page 590, and FURTHER UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of way of record and as shown on the above-mentioned plan of lots. TITLE TO SAID PREMISES IS VESTED IN Ximena R. Boyer, (Married Person), by Deed from Fine Line Homes, Inc., a Pennsylvania Corporation, dated 06/23/2006, recorded 06/28/2006 in Book 275, Page 1726. PREMISES BEING: 30 ASHBURG DRIVE, MECHANICSBURG, PA 17050-8203 PARCEL N0.38-18-1342-071 SUNTRUST MORTGAGE, INC. Plaintiff ' COURT OF COMMON PLEAS CIVIL DIVISION v. XIMENA R. BOYER Defendant(s) N0.09-5849-CIVIL-TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 30 ASHBURG DRIVE, MECHANICSBURG, PA 17050-8203. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) XIMENA R BOYER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 30 ASHBURG DRIVE MECHANICSBURG, PA 17050-8203 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Baldwin Holding Company, LLC. P.O. Box 13054, Harrisburg, PA 17110 CLIFTON R GUISE, ESQUIItE 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare ROBERT B. COLLINS, C/O ROBERT P. ICLINE, ESQUIItE 30 ASHBURG DRIVE MECHANICSBURG, PA 17050.8203 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 714 BRIDGE STREET PO BOX 461 NEW CUMBERLAND, PA 17070 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. December 15, 2009 By: Phela Hal inan & Schmi , LLP ^ wren T. Phelan, q., Id. No. 32227 ^ rancis Hallin sq., Id. No. 62695 ^ Daniel G. Sc ieg, 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 WRIT OF EXECUTION and/or ATTACHMENT • , COMMONVV'EALTH OF PENNSYLVANIA) NO 09-5849 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From XIMENA R. BOYER (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 $178,467.06 L.L. $.50 Interest from 10/1/09 ($29.74 per diem) -- $7,286.30 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Other Costs Plaintiff Paid Date: 12/18/09 (Seal) REQUESTING PARTY: Name: JOSHUA I. GOLDMAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 205047 TM ~~ ~, ~- <n ~lj~ . Z _. `.. ~l_. : ~LJ :'~ L~ 1, +~.. ~.:_ ~. ~.1_ .. •.._. C_~ -' ~: On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Down and numbered, 30 Ashburg Drive, Mechanicsburg, More fully described on Exhibit "A" filed with this merit and by this reference incorporated herein. I.LJ C~ d _O Date: March 22, 2010 Real Estate Coordinator ~J~1V~1~~ ~~a~~~@ ~ The Patriot-News Co. 2020 Technology Pl~wy ' Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~e~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ~ 04/16/10 kYrit ~--- 04/23/10 ~ Inc. . 04/30/10 ~$. ~ Xut~-Nr A..Boyrr . A1KY.1~aNe19chmlag , By virpie of a Wrjt of Execiuion N0. t~9-5949- ~ ... ............................. . CIVIL-TERM ~.UNTRUSTMORT1GAGin~itr, Sworn to and'"subscribed before me is 18 day of May, 2010 A.D. , ,d~f1~ ~.~. ~i` / ,, ~ °F ~'~`~ '~~~ ~d Comity, ; ~,4Ulaeir+~fl '-"-"" Notary Public ~ 17RIVE, MECHANIC38U1jG . 1 , Panx1 Na 38-1&1342-071 (A«eage~strc~~,`s~ Improvements tltoreoe: RESIDENTIitL COMMONWEALTH OF PENNSYLVANIA ~ DVI~ELLING •IUDGMENT AMOUNT: 5178,467.06 Notsx lal Seal Sherrie L Klsr-er, Notary PubNc Lower Paxton Twp., DauphM County My Commisslon F~Ires Noy. 26, 2011 Member, Pennsylvania AssoclaNOn Of NOtarlea 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: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ xo. 2009-5849 Civil Li Marie Coyne, ditor Suntrust Mortgage, Inc. ~g• SWORN TO AND SUBSCRIBED before me this ximena R. Boyer 0 da of Aril 2010 Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-5849-CIVIL-TERM, SUN- TRUST MORTGAGE, INC. vs. XI- MENA R. BOYER, owner of property Notary situate in the TOWNSHIP OF SIL- VER SPRING, Cumberland County, Pennsylvania, being 30 ASHBURG DRIVE, MECHANICSBURG, PA "° 17050-8203. NOTARIAL SEAL Parcel No. 38-18-1342-071. DEBORAH A COt.I.INS Improvements thereon: RESIDEN- Notary Public TIAL DWELLING. CARLISLE BOROUGH, CUMBERLAND COUNTY JUDGMENT AMOUNT: $178,467- My Commission Expires Apr 28 2044 .06. , ~ ., Y:.~,~: ~ .,t~:r=. ..w.,, ..~~:w~m..::.. ... .,. . :_ ,. ,, 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 SUNTRUST MTG INC is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 18TH day of DEC, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 5849, at the suit of SUNTRUST MTG INC against XIMENA R BOYER is duly recorded as Instrument Number 201018172. IN TESTIMONY WHEREOF, I have hereunto set my hand J '~_ an~eal of said office this ~ day of A.D. ~eoad~ Recorder of Deeds d t~r1~ C~eibb. M IriyCam~eeiat hRatlitoMydJ~a2Dli ~'~;~ A ~. ;~.~*w.X. ,~ ., r .