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HomeMy WebLinkAbout09-6266.a Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Aheetal 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 216309 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 Defendant File #: 216309 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 9 -- 6 2- 6& / -/o-,k CUMBERLAND COUNTY 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 #: 216309 .1% 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: ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1812, Page 5087. By Assignment of Mortgage recorded 10/05/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 712, Page 151. 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 #: 216309 6. The following amounts are due on the mortgage: Principal Balance $62,706.50 Interest $3,030.50 12/01/2008 through 09/16/2009 (Per Diem $10.45) Attorney's Fees $0.00 Cumulative Late Charges $187.52 05/16/2003 to 09/16/2009 Property Inspections $9.00 Mortgage Insurance Premium / $52.36 Private Mortgage Insurance Cost of Suit and Title Search $750-00 Subtotal $66,735.88 Escrow Credit $0.00 Deficit $1,097.48 Subtotal $1,097.4R TOTAL $67,833.36 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 nat seeking a judgment of personal liability (or an in per onam 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 #: 216309 1 1% 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 ram Judgment against the Defendant(s) in the sum of $67,833.36, together with interest from 09/16/2009 at the rate of $10.45 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, Esq., I . N . 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 El Michele M. Bradford, Esq., Id. No. 69849 With 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 #: 216309 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the TOWNSHIP OF EAST PENNSBORO, County of Cumberland, Pennsylvania, bounded and described in accordance with a survey and plan made by Ernest J. Walker, Prof. Eng., dated February 2, 1971, as follows: BEGINNING at a point on the eastern line of North Enola Drive, said point being 140 feet North of the northern end of a curve which connects the eastern line of North Enola Drive and the northern line of Perry Street; thence along the eastern line of North Enola Drive, North 10 degrees 20 minutes West, 29.294 feet to a point of curve; thence continuing along the eastern line of North Enola Drive in a northerly direction on a curve to the right, having a radius of 302 feet, for the arc distance of .706 of a foot, to a point opposite the center of the partition wall dividing house nos. 112 and 114 North Enola Drive; thence along the premises known as 114 N. Enola Drive and passing through the center of said partition wall, North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East 30 feet to a corner of land now or formerly of C. Alan Hale, known as 110 North Enola Drive; thence along said land, South 79 degrees 40 minutes West, 115 feet to the point and place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 112 North Enola Drive. PARCEL NO: 09-14-0832-236 PROPERTY BEING: 112 NORTH ENOLA DRIVE, ENOLA, PA 17025 File M 216309 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: ---T ax6joN? Attorney for Plaintiff File #: 216309 -05 RLED--O F 2009 SEP 18 Ali 10: 13 CtjlV ii`d+}? 7 ? S J /1 Gt- ?y 3 J 7;L 2- Sheriffs Office of Cumberland County R Thomas Kline FILED- RCE Sheriff OF THE Fotc r?-`n-x'r ARY Ronny R Anderson 2009OCT -8 PM 12:00 Chief Deputy Jody S Smith Cut Civil Process Sergeant Edward L Schorpp Solicitor Suntrust Mortgage, Inc. I Case Number vs. 2009-6266 Alice L. Killian SHERIFF'S RETURN OF SERVICE 10/03/2009 12:23 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 3, 2009 at 1223 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alice L. Killian, by making known unto herself personally, at 112 North Enola Drive Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing tc her personally the said true and correct copy of the same. SHERIFF COST: $55.00 SO ANSWER October 05, 2009 R THOMAS KLINE, SHERIFF Deputy 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 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. ALICE L. KILLIAN A/K/A ALICE KILLIAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6266-CIVIL 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 ALICE L. KILLIAN A/K/A ALICE KILLIAN, 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 $67,833.36 Interest - 09/17/2009 to 11/10/2009 $574.75 TOTAL $68,408.11 I hereby certify that (1) the Defendant's last known address is 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520, and (2) that notice has been given in accordance with Rule 237.1, copy attached. i f e ce T. Phe an, Esquire Z La F ci . Hall' an, Esquire Daniel G. chmieg, 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 for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -40- PHS # 216309 PROTHONOTARY 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. ALICE L. KILLIAN A/K/A ALICE KILLIAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6266-CIVIL 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 ALICE L. KILLIAN A/K/A ALICE KILLIAN is over 18 years of age and resides at 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U La en e T. Phel , Esq., Id. No. 32227 ? ancis . Halli , Esq., Id. No. 62695 ? Daniel G. c 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 F?khrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6266-CIVIL ALICE L. KILLIAN, A/K/A ALICE KILLIAN Defendant(s) TO: ALICE L. KILLIAN, A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 DATE OF NOTICE: October 27, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IWORTANT NOTICE 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 PHS # 216309 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: L nce T. Phelan, Esq., I? No. 32227 F "is S. Hallinan, Esq., Id. No. 62695 Da iel 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. 817 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 # 216309 BLED C' SCE OF THE PPC'?-iONIOT'ARY 2009 NOY 20 Fib 1: 01 CUB 414.0o PP A ert,?t %,HIS(o5 N??. (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6266-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on I1 114-1-D-9 By: If you have any questions concerning this matter please contact: ? 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 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 YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 2D~U ~~ic~ri [~..7 ~~!'i .~.'' L.l ~' ~ ._ p. ,,rr~; 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. ATTORNEY FOR PLAINTIFF COURT QF CQIVIM01~ PLEAS CIVIL DIVISION N0.09-6266-CIVIL ALICE L. KILLIAN A/K/A ALICE CUMBERLAND COUNTY KILLIAN Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 216309 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: Jr - -- - - ^ L wrence 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., fd. loo. ~'t?fifJ ^ 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, kb i~cr: i}$439~ ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., kl. No: 94624 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 2'06?74 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 216309 VERIFICATION la,~„ Wu~ hereby states that he/she is ~a~'ec~as.,.+re SlJec:n(lt-~-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 unsworrl falsification to authorities. DATE: ~ d Name: avid ~•~4 Title: ~~,~~.K~ SPtelw(~S'y' Company: SUNTRUST MORTGAGE CORPORATION File #: 216309 Killian 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. ALICE L. KILLIAN A/K/A ALICE HILLIAN Defendant(s) ~4'F'FORI`IEY I~OIt PL~4II`i'FIF'1~ COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6266-CIVIL 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: PHS #: 216309 ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 Phelan Hallisian.:& Schmieg, LLP Attorney for Plaintiff ^Lawrence T. Phelan, Esq., Id. No. 32227 []~rancis S. Hallman, 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. hlo. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esg., ItI: No: 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id' No. ~66s`'T ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Icy hlo. 54439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalaxtite.P_Flialc~asy,Fsg,,ki,.l~la,gg5y1; ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. IIwan, Esc}., Id. Na. 206779. ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 1-25-10 PHS #: 216309 i ~ ~ C ~ ~ - ~~~ ~ ~~~}~~~ Z~E~.~I't~~ G~ ~' ~~; ~;~~~ F ~; ~ .. JAN 2 7 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County ALICE L. KILLIAN A/K/A ALICE KILLIAN No. 09-6266-CIVIL Defendant RULE AND NOW, this day of ~ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable C n ounty Court ouse, ar ' . BY THE COURT i~ ~ A~ ~. ~~~~~ J. ~vf «s .n.~ ~~ ~~i4/~a ~r~ fiLLC.i-F.ii`/ t~~ ~~~ ~~ f'~C~ 1,,.,~~4~~'ARY 2010 FEB - 9 PPS v ~ Q t r~E~~i, ~~'1~.V~ ~,~aA. 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 ~/1'auren 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. ALICE L. KILLIAN A/K/A ALICE KILLIAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 09-6266-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 29, 2010 Rule was sent to the following individual on the date indicated below. ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 Y lan llinan & Schmieg, LLP _~ DATE: ~ By: Lawrence T. Phelan, Esq., Id... 2227 ^ 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 ^ She R. Shah-Jani, Esq., Id. No. 81760 ine 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. vs. ALICE L. KILLIAN A/K/A ALICE KILLIAN Civil Division No. 09-6266 CIVIL MARD41u1u4 ORDER AND NOW, this j 6~ day of c- 2010, upon consideration of Plaintiffls Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant, ALICE L. KILLIAN A/K/A ALICE KILLIAN, by: 1. Posting of the premises: 112 NORTH ENOLA DRIVE, ENOLA, PA 17025- 2520. 2. First class mail to ALICE L. KILLIAN A/K/A ALICE KILLIAN at the last known address and the mortgaged premises located at 112 NORTH ENOLA DRIVE, ~ d ENOLA PA 17025-2520• and ~' ~' a ~ 3. Certified mail to ALICE L. KILLIAN A/K/A ALICE KILLIAN at the -< ~ - ~ ~ cn ~~ ~ known address and the mortgaged premises located at 112 NORTH ENOLA DRI~;,~_~ ENOLA, PA 17025-2520; and °z'~ ~ w ~ ~~ 4. Publication in accordance with PA. R.C.P. 430. ~ ~°n ~ ~Y 3 f s~~ o ~n'1 216309 2 $V TAF. ('CITTRT• SHERIFF'S OFFICE OF CUMBERLAND COUNTY_ ~:;'_ ~ _ , Ronny R Anderson ~ `r ', '" { ;,.~ / t~Y Sheriff -- , ... att3ttt, ct ~;uu(~rr/a, , Jody S Smith " ° ~% i ~ MAY 24 ~~ ~ I ~ ~~ Chief Deputy Edward L Schorpp Solicitor ~, ,~~ i ... ~k ~'. _'1 !.F\ Suntrust Mortgage, Inc. vs. Alice L. Killian SHERIFF'S RETURN OF SERVICE Case Number 2009-6266 12/17/2009 07:11 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 17, 2009 at 1909 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 Alice L. Killian, located at, 112 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Alice L. Killian, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Alice L. Killian. 02/22/2010 Property sale postponed to 5/5/2010. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of 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 $ 850.80 SHERIFF COST: $850.80 May 21, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF C!~ ~ 7~ O ~l ~ ~y~~/~ (d .n,rtiyS.r.tc Sner:ft. T2iaos fit. Inc. SUNTRUST MORTGAGE, INC. Plaintiff, v. ALICE L. HILLIAN A/K/A ALICE KILLIAN ' Defendant(s). ' COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-6266-CIVIL 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 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520 . 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 2. Name and address of Defendant(s) in the judgment: ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and Corr to the best of my personal knowledge or information and belief. I understand that false state entsrein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to thortttes. November 24, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 C FJ~ncis S. Hallinan, Esq., Id. No. 62695 'Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 C Judith T. Romano, Esq., Id. No. 58745 C Sheetal R. Shah-Jani, Esq., Id. No. 81760 C 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 C Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff, v. ALICE L. KILLIAN A/K/A ALICE KILLIAN Defendant(s). November 24, 2009 COURT OF COMMON PLEAS CIVIL DIVISION ' NO. 09-6266-CIVIL CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: ALICE L. KILLIAN A/K/A ALICE KILLIAN 112 NORTH ENOLA DRIVE ENOLA, PA 17025-2520 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IFYOUHAYEPREVIOUSLYRECEIVEDADISCHARGEIN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 112 NORTH ENOLA DRIVE ENOLA PA 17025-2520 is scheduled to be sold at the Sheriff s Sale on MARCH 3, 2010 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,408.11 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: (Z15) 563-7000 ex-1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in_the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-6266-CIVIL SUNTRUST MORTGAGE, INC. vs. ALICE L. KILLIAN A/K/A ALICE KILLIAN owner(s) of property situate in the EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 112 NORTH ENOLA DRIVE ENOLA PA 17025-2520 Parcel No. 09-14-0832-236 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $68,408.11 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or parcel of land situate in the TOWNSHIP OF EAST PENNSBORO, County of Cumberland, Pennsylvania, bounded and described in accordance with a Survey and Plan thereof made by Ernest J. Walker, Prof. Eng., dated February 2, 1971, as follows: BEGINNING at a point on the eastern line of North Enola Drive, said point being 140 feet North of the northern end of a curve which connects the eastern line of North Enola Drive and the northern line of Perry Street; thence along the eastern line of North Enola Drive, North 10 degrees 20 minutes West, 29.294 feet to a point of curve; thence continuing along the eastern line of North Enola Drive in a northerly direction on a curve to the right, having a radius of 302 feet, for the arc distance of .706 of a foot, to a point opposite the center of the partition wall dividing house nos. 112 and 114 North Enola Drive; thence along the premises known as 114 No. Enola Drive and passing through the center of said partition wall, North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 30 feet to a corner of land now or formerly of C. Alan Hale, known as 110 N. Enola Drive; thence along said land, South 79 degrees 40 minutes West, 115 feet to the point and place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 112 N. Enola Drive. TITLE TO SAID PREMISES IS VESTED IN Alice L. Killian, unmarried, by Deed from Bryan E. Rhoades, Jr. and Lynette J. Rhoades, h/w, a/k/a Brian E. Rhoades, Jr., dated 05/16/2003, recorded 05/22/2003 in Book 257, Page 892. PREMISES BEING: 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520 PARCEL NO. 09-14-0832-236 ' WRIT OF EXECUTION and/or ATTACHMENT COMMOI~]WEALTH OF PENNSYLVANIA) NO 09-6266 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 ALICE L. KILLIAN A/K/A ALICE KILLIAN (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 $68,408.11 L.L. $.50 Interest FROM 11/11/2009 - 03/03/2010 (PER DIEM - $11.25) - - $1,271.25 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Other Costs Plaintiff Paid Date: NOVEMBER 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 vc}~u~y Supreme Court ID No. 62205 On December 2, 2009 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered, 112 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2009 Real Estate Coordinator ~(!~i~'r~'~11; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22 January 29 and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-6266 Civil Suntrust Mortgage, Inc. S ~s. Alice L. Killian a/k/a Alice Killian Atty: Francis Halllinan By virtue of a Writ of Execution No. 09-6266-CIVIL, SUNTRUST MORTGAGE, INC. vs. ALICE L. KIL- LIAN A/K/AALICE KILLIAN, owner(s) of property situate in the EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520. Pazcel No. 09-14-0832-236. (Acreage or street address) Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $68,408- .11. PROPERTY ADDRESS: 112 North Enola Drive, Enola, PA 17025. Marie Coyne, TO AND SUBSCRIBED before me this 5 day of February 2010 ,~, -<~~~ ~~-~~( Lit .~ ~~~-~ Notary NOTARIAL SEAL DEL'OFiAH A COLLINS No1~.ry Public CARL'SLE BORG, CUI~96ERLAND COUNTY tv7Y Commission Expires Apr 28, 2010 ~-- '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 c~e~latriot ~'~ews 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: a 01 /22/10 pc.,cket Number: 2009-6266 Clvil 01 /29/10 Term A - Suntrust Mortgage, Inc. ~ 02/05/10 vs. ~- Alice L. Killian a!k!a ANce Killian ~~~~,~ Atiy: Francis Halllinan (i/` G" By virtue of a Writ of Execution No. 09-6266- ~~~ ~ -,, ~lvII. r sUNTRUSTMORTGAGE,INC. worn to an subscribed before me thi$ 24 da `rof February, 2010 A.D. vs. ALICE L. KILLIAN A/K/A ALICE IGI,LtAN ~ ~ ~ i owner(s) of property situate rn the EAST `~.~ J„-~'" ~~.'C.- L -'~ ' ~~ L PENNSBORO, Cumberland County, Notary Public '-~~--~-_" " Pennsylvania, being (Municipality) 112 NORTH ENOLA DRIVE, ENOLA, PA 17025-2520 COMMONWEALTH OF F'ENN9YLVANIA -Pared Alo. 09-14-0832-236 -.~.~.,.~,.~,_ (Acreage or street address) Notarial Seal Improvaa~nts thereon; RL°S1b`EN'I'IAL Shame 1. Kisner, Notary Public City OF HarrisburcJ, Dauphin COUrtty 'DWELLING My Commission ~ JUDGMENT AMOUNT: $68,408.11 Exp rea NOV. 26, 2011 PROPERTY ADDRESS: 112 North Enola Member, Pennsylvania Association of Notaries Drive, Enola, PA 17025 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 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of NOV, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6266, at the suit of SUNTRUST MTG INC against ALICE L KILLIAN AKA A ALICE is duly recorded as Instrument Number 201013338. IN TESTIMONY WHEREOF, I have he~`e2unto set my hand and seal of said office this Lj day of A.D. l9 / O Recor e of Deeds t'iecarder d Glnibederd Canh, t~rlbte. !MI ARy F~iree the Fist Yonday aF Jan. 2014