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HomeMy WebLinkAbout09-6751Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 6,4kchele 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 21.5-563-7000 217821 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. JOHN J. NEWMAN 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050-1529 Defendant File #: 217821 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OQ - 1095/ OnYZL 1e 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 #: 217821 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: JOHN J. NEWMAN 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050-1529 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/03/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1771, Page 2036. 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 03/01/2009 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 #: 217821 6. The following amounts are due on the mortgage: Principal Balance $80,993.12 Interest $3,523.35 02/01/2009 through 10/07/2009 (Per Diem $14.15) Attorney's Fees $0.00 Cumulative Late Charges $25.63 09/03/2002 to 10/07/2009 Property Inspections $9.00 Cost of Suit and Title Search $75000 Subtotal $85,301.10 Escrow Credit $0.00 Deficit $1,002.94 Subtotal $1,009-94 TOTAL $86,304.04 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 ner,_ 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 #: 217821 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. Plaintiff hereby releases Marilyn C. Newman from liability for the debt secured by the mortgage. 11. By virtue of the death of Marilyn C. Newman on 07/08/2008, Defendant became the sole owner of the mortgaged premises as surviving joint tenant with right of survivorship. File #: 217821 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $86,304.04, together with interest from 10/07/2009 at the rate of $14.15 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 A.'J?mj By: awrence T. Phelan, Esq., Id. No. 32227 r-1 Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217821 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground, being Lot No. 1 in the Plan of Pleasant Grove, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the center line of Township Route No. 595, said point being referenced South 58 degrees 16 minutes East, a distance of 583.16 feet from the center line intersection of Township Route No. 595 and Township Route No. 592; thence South 58 degrees 16 minutes East along the center line of Township Route No. 595, a distance of 200 feet to a point; thence South 27 degrees 29 minutes West, a distance of 187 feet to a stake; thence South 76 degrees 32 minutes West, a distance of 80.19 feet to a stake; thence North 74 degrees 22 minutes West, a distance of 95.10 feet to a stake; thence North 17 degrees 59 minutes East, a distance of 277.78 feet to a point in the center of the Township Route No. 595, the point of BEGINNING. HAVING THEREON ERECTED a one-story brick dwelling house known and numbered as 149 Pleasant Grove Road, Mechanicsburg, Pennsylvania. BEING the same premises which Geoffrey O. Minter and Laura L. Minter, husband and wife, by their Deed dated March 14, 2000 and recorded in Cumberland County Deed Book 217, page 969, granted and conveyed unto John J. Newman and Marilyn C. Vallor, who is now known as Marilyn C. Newman, by virtue of her marriage to John J. Newman. Tax Parcel No. 38-14-0852-018A File #: 217821 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: 7 File #: 217821 Attorney for Plaintiff 0 GIT THE 2C03 G4- r -9 P1412: 42 *99.5o PO ATT`( Cie 'I 8l0(bas W* a- (aqu Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ty a° OFFICE FILED cE Cr THE: "lARY 2099 QCT 15 A1 0. 10 Edward L Schorpp Solicitor CUi1 ?„?I;?t Suntrust Mortgage, Inc. Case Number vs. John J. Newman 2009-6751 SHERIFF'S RETURN OF SERVICE 10/13/2009 03:43 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1543 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John J. Newman, by making known unto himself personally, at 149 Pleasant Grove Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWER October 14, 2009 R THOMAS KLINE, SHERIFF ? 1U Depu y Sheriff U Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. JOHN J. NEWMAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6751-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 JOHN J. NEWMAN, 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 $86,304.04 Interest -10/08/2009 to 11/16/2009 $566.00 TOTAL $86,870.04 I hereby certify that (1) the Defendant's last known address is 149 PLEASANT GROVE ROAD, MECHANICSBURG, PA 17050-1529, and (2) that notice has been given in accordance with Rule 237.1, copy attached. A , 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 4oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? 17 jd PHS # 217821 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION JOHN J. NEWMAN : No. 09-6751-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 JOHN J. NEWMAN is over 18 years of age and resides at 149 PLEASANT GROVE ROAD, MECHANICSBURG, PA 17050-1529. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L_J Lance . Phelan, 159q., Id. No. 32227 E:1 F cis S. allin sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. JOHN J. NEWMAN 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050-1529 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6751-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 22'y"? /1 any By: Agg -99ptily- 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 ff ioshua I. 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 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 BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. JOHN J. NEWMAN NO. 09-6751-CIVIL TERM CUMBERLAND COUNTY Defendant(s) TO: JOHN J. NEWMAN 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050-1529 DATE OF NOTICE: November 3, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT-FEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 217821 Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 By: Lawre T Phelan; M. No. 32227 Franc' S. allinan, Es ., Id. No. 62695 D el G. S mie Id. No. 62205 Michele M. Br ord, 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 ,Ioshua 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 # 217821 OF 1KOmmy 2909 Nov 1 7 AM 10: 42 CUMER?, ,,) 0outm pDmvtw 444 ?-l -7 a k0 x-33 (,G U v ' Dennis J. Shatto, Esquire PA Attorney ID 25675 CLECKNER AND FEAREN 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 dennisshatto@hotmail.com Attorneys for Defendant SUNTRUST MORTGAGE, INC., Plaintiff VS. JOHN J. NEWMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-6751 CIVIL TERM MORTGAGE FORECLOSURE ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. The first sentence of paragraph 3 is admitted. Defendant is without knowledge or information sufficient to form a belief as to the truth of the second sentence of paragraph 3, and proof is demanded. The third sentence is admitted in part and denied in part. It is admitted that the mortgage is a matter of public record. It is denied that any assignment is a matter of public record. The remaining averments are in the nature of conclusions of law to which no answer is required. 4. Admitted. 5. Denied. It is denied that the mortgage is in default because monthly payments of principal and interest due March 1, 2009, and each month thereafter, are due and unpaid. Defendant believes that monthly payments due on and after March 1, 2009, were made and not credited to his account. The characterization of the terms of the mortgage is denied on the basis that the documents speak for themselves. It is denied, however, that Defendant received written notice of acceleration of the principal balance. 6. Denied. Based upon the answer to No. 5 above, the amounts claimed in paragraph 6 are denied. It is denied that the amount claimed as "Cost of Suit and Title Search" is reasonable or has actually been incurred. 7. The first and third sentences of paragraph 7 are not factual averments to which an answer is required. The second sentence is a conclusion of law to which no answer is required and is based upon a document which speaks for itself. 8. Paragraph 8 contains no factual averment to which an answer is required. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded. Defendant received no such notices. 10. Paragraph 10 contains no factual averment to which,an answer is required. - 2 - 11. Paragraph it is in the nature of a conclusion of law to which no answer is required. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff . CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 Attorneys for Defendant - 3 - VERIFICATION I, JOHN J. NEWMAN, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: JOHN J. NEWMAN CERTIFICATE OF SERVICE I hereby certify that on this day, I served a true and correct copy of the foregoing document upon the person indicated below, by depositing same in the United States mail, postage prepaid, addressed as follows: Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Attorneys for Plaintiff) Date: /yd ? Z-ay y CLECKNER AND FEAREN B Y w ' 1-g4i? Jenny A. Tobias, Secretary to Dennis J. Shatto, Esquire 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 tt .a F TI 2003NOY 24 i',ii !: It I -IA SUNTRUST MORTGAGE, INC. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN J. NEWMAN : N0.2009 - 6751 CIVIL TERM ORDER OF COURT AND NOW, this 9~ day of FEBRUARY, 2010, the hearing scheduled for Wednesday, February 10, 2010, at 3:00 p.m. is continued and rescheduled to FRIDAY, MARCH 12, 2010, at 9:30 a.m. in Courtroom # 3. MICHELE M. BRADFORD, ESQUIRE 1617 JFK BLVD. SUITE 1400 ONE PENN CENTER PLAZA ~PHILA., PA 19103 .~ DENNIS J. SHATTO, ESQUIRE P.O. BOX 11847 119 LOCUST STREET HARRISBURG, PA 17108-1847 :sld ~ ~ ~ES ~,,,,btiL~C__. 02` q/(C~ )~ B ourt, Edward E. Guido, J. c_: ~~ -r~i~7 f~."i r ~_ r.. r~.~ c', ~.-J ~; %~ _~ A ('7'I C.7 -~ 0 .~- `~ i T f7T r~~ 4~~ Y -''. } ~~,3 c