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Home My WebLink About09-8671Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 G 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 223429 BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 Plaintiff V. KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 7/ Cv, , CUMBERLAND COUNTY File #: 223429 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 223429 1. Plaintiff is BRANCH BANKING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR, P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 2. The name(s) and last known address(es) of the Defendant(s) are: KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/10/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR US MORTGAGE FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200824152. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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 #: 223429 6 The following amounts are due on the mortgage: Principal Balance $117,879.74 Interest $5,202.59 05/01/2009 through 12/09/2009 (Per Diem $23.33) Attorney's Fees $1,300.00 Cumulative Late Charges $323.19 07/10/2008 to 12/09/2009 Cost of Suit and Title Search $550-00 Subtotal $125,255.52 Escrow Credit $0.00 Deficit $575.74 Subtotal $575-74 TOTAL $125,831.26 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave 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 #: 223429 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 $125,831.26, together with interest from 12/09/2009 at the rate of $23.33 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. P H LIN & CHMIEG, LLP By: ? Lawrence T. Phelan, Esq., d. No. 32227 ancis 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 223429 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North 10 degrees 20 minutes West, 25 feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a two and one-half story frame dwelling house known and numbered as 20 N. Enola Drive, Enola, Pennsylvania. Parcel no.09-14-0832-330 Premises: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 File #: 223429 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: c me for Plaintiff File #: 223429 r,j f_? ', ? ??,?Y ,?- , „ ! 17 g.? ?,. r 'R` a4V j-ii i CJJ? ?? G? ._ ? ? ??4" ??z- ? ? ? ? ? ??? ? 2 fz 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 11?drew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff VS. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8671-CIVIL : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 223429 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: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Date: 12-28-09 PHS #: 223429 VERIFICATION (?hi Hon Morris hereby states that he/she is AT of BRANCH BANKING & TRUST COMPANY, 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. Aa.me:CWn Mon i5 DATE: 12,111 Title: AVP Company: BRANCH BANKING & TRUST COMPANY File #: 223429 Solomon 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 BRANCH BANKING & TRUST COMPANY Plaintiff VS. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8671-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: KAREN SOLOMON 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 PHS #: 223429 GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 Date: 12-28-09 PHS #: 223429 FLE' 2609 DEC 130 Fil 1: 23' ?a SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant - r"11114 pt OF THE Tai W Edward L Schorpp Solicitor Branch Banking & Trust Company vs. George J. Solomon, Jr. 2010 JAN -5 FM 2: 28 CUMBER N-0 COUNIV PmS? Case Number 2009-8671 SHERIFF'S RETURN OF SERVICE 12/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: George J. Solomon Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Karen Solomon, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 12/22/2009 Bucks County Return: And now, December 22, 2009 I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Karen Soloman the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Bucks and therefore return same NOT FOUND. Request for service at 1254 2nd Avenue, Hellertown, PA 18055 is located in Northampton County. 12/22/2009 Bucks County Return: And now, December 22, 2009 I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for George J. Soloman Jr. the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Bucks and therefore return same NOT FOUND. Request for service at 1254 2nd Avenue, Hellertown, PA 18055 is located in Northampton County. 12/23/2009 05:58 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1758 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George J. Solomon Jr., by making known unto Karen Solomon, Wife of defendant at 20 North Enola Drive, Enola, New Cumberland, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/23/2009 05:58 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 23, 2009 at 1758 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Karen Solomon, by making known unto herself personally, at 20 North Enola Drive, Enola, New Cumberland, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $100.00 December 28, 2009 SO AhLS\A&RS, R THOMAS KLI , SHERIFF , De ty Sheriff ici Gou- ySuite Shen f, T&eosott. inc. BUCKS COUNTY SHERIFF'S OFFICE EDWARD J. DONNELLY SHERIFF Bucks County Courthouse Doylestown PA 18901 _ (215) 348-6124 Jeffrey G Trauger (215) 348-6138 SOLICITOR YOUR PAPERWORK IS BEING RETURNED FOR THE FOLLOWING REASON FROM THE CIVIL DEPT (OUT OF COUNTY/ OUT OF STATE): ( ) FEE IS INCORRECT ( ) FEE IS MISSING ( ) NO PROTHONOTARY DATE ONOT ENOUGH TIME TO SERVE ?p 7? XADDRESS NOT IN OUR COUNTY (-rPY Po" T?A?YI () WE DO NOT SERVE P.O. BOXES ()CHECK NOT SIGNED .?? _. O PAPER HAS EXPIRED O NO ORDER FOR SERVICE -- ( ) OTHER THANK YOU FOR YOUR COOPERATION WITH THE ABOVE .2 (9?? BRANCH BANKING & TRUST COMPANY ) 301 COLLEGE ST, 0 FLOOR ) P.O. BOX 2027, SC 29602 ) GREENVILLE, SC 29601 ) Plaintiff ) VS. ) KAREN SOLOMON ) GEORGE SOLOMON ) 20 NORTH ENOLA DRIVE ) ENOLA, PA 17025 ) Defendant(s) ) ANSWER COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8671 -CIVIL CUMBERLAND COUNTY Defendant answers Plaintiff's Complaint as follows: 1. Admit. 2. Admit. 3. Deny. Legal Conclusion. 4. Admit 5. Deny. Lack of knowledge, need documentation. 6. Deny. Lack of knowledge, need documentation. 7. Deny. Legal Conclusion. 8. Deny. Legal Conclusion. 9. Deny. Legal Conclusion. 10. Deny. Legal Conclusion 11. New Matter C_ _ d I" C i vI -' ?C> cn G M -c The said defendants have sent documentation to Branch Banking & Trust Company for FHA-RAMP modification program. The information was mailed to Branch Banking & Trust Company on January 19, 2010. See Exhibit A. The said defendants were sent the Act 91 notice on August 18, 2009, however Branch Banking & Trust Company was in the process of working out a mortgage modification agreement with the defendants. Branch Banking & Trust had been working on the modification Agreement since July of 2009. The defendants did not contact assistance at that time due to the pending assistance from Branch Banking & Trust Company. In October of 2009, Branch Banking & Trust Company called the defendant, Karen Solomon and informed her that they were unable to assist with the modification agreement based on income. They also informed her that the mortgage had already been sent to the attorneys for foreclosure proceedings. The defendants then sought the help of PFHA/HEMAP. The defendants were turned down due to their mortgage being an FHA loan. The defendants knew they had an FHA loan but was unaware why Branch Banking & Trust Company did not disclose the FHA/HAMP program until January of 2010. The defendant called Branch Banking & Trust Company for more assistance with their mortgage and was informed at that time of this program. BRANCH BANKING & TRUST COMPANY ) Plaintiff ) vs. ) KAREN SOLOMON ) GEORGE SOLOMON ) Defendant(s) ) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8671 -CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Defendant's Answer to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PHELAN HALLINAN & SCBAHEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF MICHELE M. BRADFORD, ESQ. 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF Kos MTM-'#? Karen Solomon George Solomon Defendants Date: O 1-25-2010 VERIFICATION 1, Karen Solomon, hereby state that she is a defendant in this matter, that 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 best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa_ C.S. Sec 4904 related to unworn falsification to authorities. KAREN SOLOMON 0 4 a FILE LED- C!:?--CE iT 71. iE p;- 2010 FEB 16 A,h 13: 32 ,i NTY PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Branch Banking & Trust Company Plaintiff VS. Karen Solomon George J. Solomon, Jr. Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Branch Banking & Trust Company, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Karen Solomon and George J. Solomon, Jr. and in support thereof, states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 11. Denied. The averments contained in the New Matter filed by the Defendant consist of a combination of statement of facts and conclusions of law to which no response is necessary. To the extent that a response is required, Plaintiff has engaged the Defendants in loss mitigation discussions and to date, has been unable to reach a resolution of the mortgage default. As such, Plaintiff is proceeding with its contractual rights under the terms of the mortgage by initiating an action in mortgage foreclosure. Plaintiff will continue to review the Defendants for possible workouts in the interim. With respect to the FHA-HAMP program, said program only recently came into existence and that is why the program was not previously discussed with the Defendants earlier in 2009. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 1'S o By: Schalk, Esquire for Plaintiff i VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: t'5 o alk, Esquire laintiff By: r((2255 ?/ c reet A 17101 0 J ? t PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Branch Banking & Trust Company Plaintiff VS. Karen Solomon George J. Solomon, Jr. Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the persons listed below on the date indicated: Karen Solomon, Pro Se George J. Solomon, Pro Se 20 North Enola Drive Enola, PA 17025-2515 Date: Z 1S to BY PAZ lt? alk, Esquire PAtto p P eforPlaintiff ev FILED-OFFICE r HE PPOTHONOTAR? 20ll JUN 22 FM l- 40 Cl, PENNSYLVANIA TY PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Branch Banking & Trust Company 301 College St, 6th Floor P.O. Box 2027, SC 29602 Greeneville, SC 29601 Plaintiff VS. Karen Solomon George J. Solomon, Jr. 20 North Enola Drive Enola, PA 17025-2515 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, Karen Solomon and George J. Solomon, Jr., have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendants' Answer and New Matter, and Plaintiff s Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D and E, respectively. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A redacted copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200824152, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note, redacted to remove personal account identifying information, is also attached hereto, made part hereof, and marked Exhibit Al. 6. The Mortgage was assigned to Plaintiff. Said transfer was documented by an Assignment of Mortgage, which is recorded in Assignment of Mortgage Instrument No. 201004674. A copy of the Assignment to Plaintiff is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The Mortgage is due for the June 1, 2009 payment, a period in excess of twenty-one (21) months. Plaintiff has provided an updated Affidavit, reflecting current figures and amounts due and owing. The original is attached hereto, made part hereof, and marked as Exhibit B. 8. Defendants' default is also evidenced by Plaintiff s loan history, a redacted copy of which is attached hereto, made part hereof, and marked Exhibit G. 9. The last payment applied to the Defendants' mortgage was on or around June 15, 2009. Plaintiff applied this payment to Defendants' account for the delinquent May 1, 2009 payment, as is evidenced by the attached loan history on Defendants' account. See Exhibit G. The account remains due and owing for the June 1, 2009 payment. Furthermore, Defendants have not provided proof of any payments they might have made. 10. Defendants were reviewed by Plaintiff for loss mitigation. Per FHA guidelines, Defendants were denied due to insufficient income. A denial letter was sent to Defendants on February 4, 2010. A redacted copy of the denial letter is attached hereto, made part hereof, and marked as Exhibit H. 11. Plaintiff continued to review Defendants for additional loss mitigation options; however, Defendants failed to send Plaintiff a complete loan modification workout package. Plaintiff sent Defendants' letters on April 19, 2010 and May 24, 2010 stating that additional information was needed to be reviewed for a loan modification. Redacted copies of the letters requesting additional information from Defendants are attached hereto, made part hereof, and marked as Exhibit I. 12. Defendants were again reviewed by Plaintiff for loss mitigation. Per FHA guidelines, Defendants were yet again denied due to insufficient income. A denial letter was sent to Defendants on June 16, 2010. A redacted copy of the denial letter is attached hereto, made part hereof, and marked as Exhibit J. 13. Plaintiff was left with no alternative but to foreclose in order to recover its unjust financial losses. 14. Plaintiff has complied with Act 6 of 1974, 41 P.S. §403(a), and Act 91 of 1983, 35 P. S. § 1680.401 c, by sending Defendants the combined notice provided for under Act 91. Copies of the combined notice, which are redacted to remove personal account identifying information, are attached hereto, made part hereof, and marked as Exhibit E. 15. Defendants are not eligible for the Homeowners' Emergency Mortgage Assistance Program, Act 91 of 1983, because the Mortgage is insured by the Federal Housing Authority. 35 P. S. § 1680.401 c(a)(3). Nevertheless, Plaintiff sent Defendants notice pursuant to Act 91 of 1983. See Exhibit E. 16. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint 17. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 18. Defendants have the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for Plaintiff s Affidavit in support of the Motion for Summary Judgment. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 2.01 Schalk, Esquire for Plaintiff t, } } i z', i rt S i r ' tl1 K v ? so- t ? 4 ? ? ` {-r C ? iii ? ? r 1•. ? at a. e a • r , _ f > f 4 ` t r. s ?'' i i 4? ' ? t t S 1. It ? ? 34 ! 2 u f ? ' fi ?, } - f f f? 1 A 4 - ? i { F D k Z ' '? . . ? T W ?? [ _? _ 4 L •il t ? 4V? .Y This Instrument Prepared By. After Recording Return To: US MORTGAGE FINANCE CORP. 1922 GREENSPRING DR., SUITE 4 T'IMONIUM, MARYLAND 21093 Loan Number: 08-7347 Uniform Parcel identifier plumber: 14-0832-0330-0000000,-09 Property Address: 20 N. ENOLA DRIVE Enola, Pennsylvania 17025 (Space Above This Line For Recording Data] MORTGAGE FHA CASE NO. nlm, THIS MORTGAGE ("Security Instrument") is given on JULY 10 , 2008 1'he mortgagor is KAREN SOLOMAN AND GEORGE J. SOLOMAN JR. (" Borrower"), This Security Instrument is liven to Nlurtgage Electronic Registration Systems, Inc. ("MFRS") (solely as nominee for Lender, as hereinafter defined, and Lenders successors and assigns), as mortgagee. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 34474, P.O. Box 2026, Flint, Michigwi 48501-2026, tel. (888) 679-MFRS. US MORTGAGE FINANCE CORP., A CORPORATION ('Tender") is organized and existing under the laws of MARYLAND and has an address of 1922 GREENSPRING DR. , SUITE 4, TIMONIUM, MARYLAND 21093 Borrower owes Lender the principal sutra of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY-FIVE AND 00/100 Dollars (U. S. S 118,755.00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not !raid earlier, due and payable on AUGUST 1, 2038 FHA PENNSYLVANIA MORTGAGE - MIERS t7ocMagic ?rr.Fss 800.849•1387 eiH Page 1 of 10 www.docmagic.com ! k MAOCO, n rain rnl WTV inst it 70nR74157 - Pane 1 of 12 This Security instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's ;successors and assigns) and to the successors and assigns of hMERS the following described property located in CUMBERLAND County, Pennsylvania: SEE IZ3AL DESCRIPITCIN ATTACHED HEREM AND MADE A PART HEREOF AS EXHIBIT "An. A.P.N.: 14-0832-0330-0000000-09 which has the address of 20 N ENOLA DRIVE [Street) Ennla Pennsylvania 17025 ("Property Address"): [Caryl [Lip Code] TOGETHER WITH all the improvements now or hercatlcr erected on the property, and all easements, appurtenances, and €imures now or hereafter a part of the property. All replacements and additions shall also be covered by,,this Security lnstrumettt. All of thgWforegoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that ME•RS holds only legal title to the interests granted by Borrower in this Security lastrumcnt; but. if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security. Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-.uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. :Monthly Payment of Taxes. Insurance, and Other Charges. Borrower shall include in each monthly payment together with the principal and interest asset forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgagee insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in FHA PENNSYLVANIA MORTGAGE 'MERS acciWa c r_zL'O:UB 800-SAO-7357 t3J9fi "age 2 of YO www.docmagic.com ..«•e+,nnn :,..??,,.a,?;x r,iA414PPIAKInrniWTV 1-1k?nnA94162-PAaA7Of12 which such premium would have been required if Lender still held the Security instrument, each monthly payment shall also include either- (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items arc called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 a et. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RE SPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. i f the amounts held by Lender for Escrow items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of finds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full paytuertt of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium imtaliment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (h), and (c). 3, Application of Payments. All payments under paragraphs i and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required, THIRD, to interest due under the Note: 170 U RT14, to amortization of the principal of the Note; and ELF-M, to late charges due under the Note. 4. Eire, Flood and Other hazard insurance. Borrower shall insure all improvements on the Property, whether now inexistence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall he carried with companies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. ht the evert of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of toss if not made promptly by Borrower, Each insurance company concerned is hereby authorized and directed to make payment for sueh less directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by tender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or FHA PENNSYLVANIA MCr12TGAGE. MERS OocMagiCej-V tm WO-640-1362 gfag Page 3 of 10 www.docmepk.com n„uccai AMM rrn,MITV insr # 20(1824152 • Pace 3 of 12 change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish. and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrumcttt (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at (cast one year after the date of occupancy, unless the Lender determines that requirement will cause undue hardship for Borrower. or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borr ower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Tender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing, 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or Ibr conveyance in piwx; of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Nerve and this Security Instrument, Lender shall apply such proceeds to the reduction of the indebtedness under the. Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 1. Charges to Borrower and Protection of Lender's Rights In the Property. Borrower shall pay all governmental or municipal charges, tines and impositions that arc not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property. upon L.ender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's PHA PENNSYLVANIA MORTGAGE -HERS 00cMagicerW4.Z 80"49.1382 6/96 Page 4 of 10 www.dbcm&gk.tom .. w.. ».n,+o .. .?... R., ri 1eeaac 1 AhIn t- nl INTV In-.;I # 2n0824152 - Paoe 4 of 12 opinion operate to prevent the enforcement of the lien, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full ofall sums secured by this Security Instrument if (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior Lo or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, il'permitted by applicable law (including section 341(d) of the Garn-St. Germain Depository Institutions Act of 1352, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums sec.~ured by this Security Instrument if.. (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or de-gcent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full. but Lauder does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. "this Security Instrument hoes not authorize acceleration or foreclosure ifnot permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option, require ittunediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Vote, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foreboing, this option may not be exercised by Intender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrowers account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement ofa current FHA PENNSYLVANIA MORTGAGE - MERS DocMag(c EAsrmrx 600-698 1361 6t56 Page 5 of 14 www.doc"k-com r1 4413 rot A Kin r'ni m1TV [nO # 2MR24157 - Pang ri of 12 foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of die time of payment or modification of amortization of the sums secured by tbis Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note- (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for to this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use or another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by test class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall' not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property.: Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action. by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. Ifl3orrower iearns, or is notified by any eovernmuntal or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where die Property iti located that relate to health, safety or environmental protection. t=1iq Pt NNSYLVANIA MORTGAGE - MFRS nocMapic e,?avwmeao e4-9A3fi2 6f96 Page 6 of 10 www.docmagic.eorn nl nAnrnl Akin Pn ihl-rv inst.a 7n0824152 - Pane 6 of 12 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in The Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of bender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon. take control of or maintain the Property before or after giving notice of breach to Borrower. However; Lender or a,judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shalt be entitled to collect all expenses incurred In pursuing the remedies provided or referred to in this paragraph 153, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable low. If the Lender's Interest in this Security Instrument is held by the Secretary, and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the non judicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C. 3751 et seg.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure nod to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 113 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to entbree this Security Instrument, and hereby waives the benefit of airy present or future laws providing for stay of execution, extension of time, exemption from attachment,, levy andsale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall he a purchase money mortgage. 23. Interest Bate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time utuier the Note. FHA PENNSYLVANIA MORTGAGE - MERS 00cMapfc g%rJWJ.Z 000-046-13az 6196 Page 7 of 10 www.docmagfe.eom ruunrnt Ahm rni unv i-t B ?mnR?A15?. PanP 7 A( I? 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. {Check applicable box(es)]. ? Condominium Rider 0 Graduated Payment Rider 0 Growing Equity Rider ? Planned Unit Development Rider (j Adjustable Rate Rider ? Rehabilitation Loan Rider 0 Non-Owner Occupancy Rider ? Other [Specify} BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages I through 10 of this Security instrument and in any rider(s) executed by Borrower and recorded with it. This is a contract under seal and may be enforced under 42 Pa. C.S. Section 5524(b). h-L (Seal) KAREN SOLOMON -Borrower 'GEORGE .SO1`:,C3MOiv R. -Borrower total) (Seal) Borrower (Seal) -Borrower Witness: a.__-, (Seal) Borrower Witness: (Seal) -Borrower FHA PENNSYLVANIA MORTGAGE -'MERS lbcMagfc ey?rvrjm coo-6.,9•1302 6196 Page 8 of 10 www.dwmagic.com Inet It I MAUAO -Pane A nf 19 (Space Below This Line For Acknowledgment) State of PENNSYLVANIA County of S .? (3it thidt)u day nt _ i tore the undersigned officer, personally appeared KAREN SOLOMON AND _GEORGE J. SOLOMON Icnown to me (or satisfactorily proven) to be the person(s) whose name(s) mare subscribed to the within instniment and acknowledged that helshelthey executed the same for the purposes therein contained. In witness whereof, i hereunto set my hand and official seals. COMMORWIS11h of PIMMOYN 018 NOTARIAL SEAL. AUOY A SOSTAR, NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 21, 200 (Sea':) Printed Name Title of Officer My commission expires: FHA PENNSYLVANIA MORTGAGE - MFRS Oocuagic+ff'2 800.6494M 6196 Page 9 of to www.docmngk.com ..w .? «n .. a nwAna- , ae,n 1- ,I4 TV 1-4 * 9nMR?d157 .-.Pane Q of 12 CerNCteate of Residence of Mortgagee `Cie undersigned hereby certifies that: (i) he/she is the Mortgagee or the duty authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: 3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. 0. Box 2026, Flint, Michigan 48501-2026 Witness lily hand this r day of Signature of ?icxtgag nr Moog gre"s Duly Authorized Attorney or Agent :lam ' ,`? Type or Print Name of M ee cr Mortgaged s Duly Authorized Attorney or Agent FIAA ktNNSYt ;-AMA MCRTCAGE - MERS ooemaie Pf?3¢'rs ioo•64Daae2 6J96 Page 10 of 10 www.aglacan 0 -11. .- 1^1 lk v Inaf dI MOW4152 - Pane 10 of 12 FIFA 61 First American Title Insurance Company Commitment No. C1-2008-16$ SCHEDULE C ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feel measured southerly along the line of North Enola Drive from the southwesterly extremity ofthe arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North 10 degrees 20 minutes West, 25 feet to the place of BEGINNING. !'n-3 ICT2003-168. KDC172008-16"11 ? .. _ .-`.. . .:r: ys I...w ?/ RM1A7A1S^!. Oona 11 ni ?9 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200824152 Recorded On 7/16/2008 At 10:27:50 AM * Total Pages - 12 Instrument Type - MORTGAGE Invoice Number - 25211 User ID - RAK * Mortgagor - SOLOMAN, KAREN * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CT LAND SERVICES CO * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10,00 JUSTICE RECORDING FEES - $25.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA a, y RECORDER t) D pS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Nr11A40CM nun /,^I 1Mrv 1-4 8 7nnA7d1 K9. 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Z f y r MIN NOTE Loan Numbeamw '' >i JULY 10, 2008 TIMONIUM MARYLAND (Due) 101yl [ ] 20 N ENOLA DRIVE, Enola, Pennsylvania 17025 (Property Aftessj 1 PARTIES 'Bhrroner" nterm e-ich perm sigaing at the end of this Note, and the perwn`e successors and assigns " Lender" means US MORTGAGE FINANCE CORP , A CORPORATION and its successors and assigns 2 BORROWERS PROMISE TO PAY, INTEREST In return for a !Darn received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY-FIVE AND 00/100 Dollitrs (U S S 118,755 00 plus interest, to the order of Lender Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lander, at the rate of SEVEN AND 125 / 1000 percent ( 7 125 %) per year until the full amount of principal has been paid 3 PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument tbet a dated the some date as this Note and called the "Security Instrument " The Security Instrument protects the Lender from losses which might result iFBorrower defaults under this Note 4 MANNER OF PAYMENT (A) Time Borrower aliall snake a payment of principal and interest to Leader on the lot day of each month begmntng on SEPTEMBER 1, 2008 Any principal and mtemt remaining on the lst day of AUGUST, 2038 , will be due on that date, which is called the "Maturity Date " (a) Place Payment shall be made at 1922 GREENSPRING DR , SUITE 4, TIMONIUM, MARYLAND 21093 or at such other place as Lender may designate in writing by notice w Borrower (C) Amount Each monthly payment of principal and interest will be in the amount of U 5 $ B 0 0 0 7 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to pruxgial, interest and other items in the order described in the Security Instrument (D) Atlottge to tins Note for Payment Adjustments Ifen allonge providing for payment adjustments n executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note MVLTISTATF • FHA FIXW RATE NOTE Do~ we 04#1302 USFHA NTE 05101108 Page 1 of 3 www docmic can - (Check applicable box ) ? Growing Equity Allonge ? Graduated Payment Allonge ? Other [specify] 5 BORROWERS RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month Lender aliail accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Leader and permitted by regulations of the Secretary if Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes 6 GORRK3 MS FAILURE TO PAY (A) Late Cliarrge for Overdue Payments If Lender has not received the full monthly payment required by the Security Inbtrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amountof FOUR AND 000/1000 percent ( 4 000 %) of the overdue amount of each payment (B) Dehalt If Borrower defitub by failing to pay in full any mitmthty payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full ofthe principal balance remaining due and all accrued interest l.,cunder may choose not to exercise t is option without waiving its rights in the event of any subsequent default In mtmy ct=mstances, regulations issued by the Secretary will limit i endee & rights to require unmediate payment in full in the case of payment defaults This Note does not authorize acceleration when not permitted by HUD regulations As used in this Note, "secretary" means the Secretary of Housing and UrbanDevrlopment or be or her dempee (C) Payment of Costs and Expenses If Lander has required Immediate payment in full, as described above, Lender may require Borrower to pay costs and expanses Including reasonable and customary attorneys` fees for ealbrcing this Note to the extent not prohibited by applicable law Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of dus Note 7 WAIVERS Borrower and any other person who bas obligations under this Note waive the rights of presentment and notice of dishoasor "Presentment, means the right 10 require Lender to demand payment of amounts due "Notice of Dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid 4. 8 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under tins Note will be given by delivering it or by mading it by first class marl to Borrower at die Property Address above or at a different address if Borrower has given Lender it notice of Borrower's different addre" Any notice that must be given to Lender under this Note will be given by delivering at or by mailing it by first class mad to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower to given a notice of that different address 9 OBIJGATIONS OF PERSONS UNDER THIS NOTE if more than one perstxt signs this Notes, each person is fully and personalty obligated to keep all of the promises made in this Note, rnol diag the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note is also obhgated to do these things Any person who takes over these obligations, including the obligations of a guarantor, burcty or endorser of this Note, rs also obligated to keep all of the promises made in MINTtSTATE- PKA FIXED RATS: NUTS Do~ eft w p m s#9 tjaz USWA MTE 05/01106 Page 2 of 3 www uee com ' this Note Lender may enforce its rights under this Note against each person individually or against all signatories together Any one person signing taus Note may be required to pay all of the amounts owed under this Note BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note (Sad) KAR SOLOMON -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seat) -Borrower PAY TO THE ORDER OF BRANCH BANKING AND TRUST COMPANY WITHOUT RECOURSE US MORTGAGE CE CO CORPORATION BY S ITS VICE president • SOUTHWE$T SECURITIES, 'FSB ATTORNEY-IN-FACT (CUSTODIAN AND BAILEE) (Sign Origmal0*1 I MULTISTATE - FHA RXW RATE NOTE Doewsw cow um $D6 619 x362 USFHA NTE 05/01/08 Page 3 of 3 www dbai tW com sys A _m" nt a 'r w 1.h : k ROOM,, r} ?: r '2 ,, r r k .. 'r t r v o wy Jr x i L J ? ¢ ?-' .k r9 ? t t?'3Sf ?{???{' y'9? ? "F ?i < • ? r z? 11 f a ?v? .y?,? e, i"?. { i a5 < r s?' j L..'v t?J s, a? J ?e-XON: r '" ?zm4 ??z r ?,., t t Y` r`` J ,•+S J .;n, '4. ,? ,. _ ? .? t! E ? t t ? T ar ?' ;# •* ? m"" Vol r ? . t r '.? ?• r i r• i a ?'` '?fC ?, P ?`i _ ? '?q?? • ?. ?. ? ? w J ?. ' i •+¢- 4wc r °n i 'w' S k t ?y? g a.ns, .,; k. '4 _' i?r ?.•+"., '" G :( ; 1?c.>y_..r. ` t, i?;.? "'Y , . t'?'? ?"• ?t-'?3.! a axs- ? "_ r_ aw ?? _?r5 i%??..s' ? .. '34 f 'K s WAY 0 2 : q j 4 ?A 1 u)r #! Y' L lyb . ? i ! v f i .' 3 .a 1: h 4 N ?:.. ? 3 ? j a' J + TK. r L.? G ASSLgHBO M OF MORTGAGE KNOW ALL MEN BY TIME PRESENTS that Mortgage Electronic Registration System, Inc. hereinafter Assignor the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawmi money unto it in hand paid by BRANCH BANXING do TRUST COMPANY. "Assignee," the receipt whmv*f is acknowledged, has granted, bargained, sold, assigned, transforred and set over unto the said A am its successors and sasigtu, ALL THAT CERTAIN Indenture of Mortgage given and executed by KAREN SOI.OWIN and GEORGE J. SOLOMON, JR, to MORTGAGE ELECI'RONIC• (REGISTRATION SYSTEMS, INCOMRATED AS A NOMINM FOR US MORTGAGE FINANCE CORPORATION, bearing the date 07/1=608, in the amount of $118,755.00, togetlter with the Note and indebtedness therein mentioned, said Mortgage being recorded on 07/16/2003 in the County of CUMBERLAND. Commonwealth of Pennsylvania, in Mortgage Instrument No. 20/824152, KIN: 100347000000017731. Mal Elm Being Known as Promises: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 Parcel No: 09-14-0832-330. 041 QCL The transfer of the mortgage and accompanying rights was effaetive at the time the loan was sold and consideration paudd to the Assignor. This assignment is solely intended to describe the instrument sold in a narmar sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And ail its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditament; and premises granted and assigned, or mentioned and intended so to be, with the appurtc umm unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the acid Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said . Assignor has caused its Corporato Seal to be herein affixed and these presents to be duly executed by its proper officers ibis I0 day of -*20&-, ?t? G FEa18P f? ?, 0?? ?...•••.., ?? Mortgage System, lot 0 20, Sealed and Delivered _ '4 SEAL By. vice president in the presence of us; us ; 1999 Stateof 00. S ,(q?(tit?•'? •?'` Ie $a. '/J` .1 ?4p.Hrt ??? County of email [a ?O? tff/tlttittt ^y?? On this 00 day ofltifY 2010, before me, the subscriber, personally appeared fv--1-`+, t???r s who acla?owied@ hm>?itotself to be the Vice Pnetide nt of Mortgage Electronic Registration Systems, Inc, and that hdshe, as such Vice President, being authorized to do so, wreettted the forego ,ipsoment for the purposes therein contained .:IN.WITNESS WHEREOF, I herenmto at my hand and official teal. Ain, Stamp/Seal; N Public The precise address of the within named Assignee is: 301 COLLEGE ST, 6TH FLOOR, P.O. BOX 2017, SC 2907, sC 2sae? After recording return to: Phelan HalHnan & Schndeg, LLP 1617 JFK Boulevard, Sulte 1400 One Penn Center Plan Philadelphia, PA 19103 CO- \0j ..0 i 12.W2016 i cry Q C> ?°USt"1G. December 6, 2009 Iva ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North to degrees 20 minutes West, 25 feet to the place of BEGINNING. HAVING THEREON ERECTED-,the northern half of a two-and one-half story frame dwelling house known and numbered as 20 N. Enola Drive, Enola, Pennsylvania. BEING THE SAME PREMISES Which Frederick Fite and Pamela Fite, his wife, by Deed dated May 13, 1992 and recorded May 14, 1992 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R Volume 35, Page 18, granted and conveyed unto Ruth R. Kiner, single woman, Grantor herein. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 117-240-6370 Instrument Number - 301004674 Recorded On 2/M010 At 12:25:24 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 612% User ID - MSW * Mortgagor - SOLOMON, GEORGE J JR * Mortgagee - BRANCH RANKING. & TRusr co * Customer - PIHELAN,HALLINAN & SCH]W[EG LLP * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING rZES - $11.50 RECORDER OF DEEDS PARCEL CKRTIVICATION $10.00 FzES COUNTY ARCHIVES FEE $2.00 ROD ARCBMS FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA IwcoRnF.n o • - inbraution denoted by an asterisk may change durin; the verification process and may not be relleded on this page. IIIII?I?BIIINI Is"A So . f v Ann V$ 11 low s ? { . s -: ! '? }! t k-: E k. 3F ? •? .1. ? } E"r. R r lily oat Awn n via. r wz : .?S v r??sy\ t?` #,?3: a t ,? E' f ;??YY •r ?; a t E a :? '.???. :?? i- ?i8"-1`ti „'?( ?Q{c<t' ?. d_ y 3 _ N r ?FH -l 1 ; - I 1 s $? ? t s .{ k # ? X r> S d ?- -. ? a' a.~ 2 ? ,, t$p? fit; # t AMM2 Y t 11L?,r??„E5 3 ?'??t a SP?y ASV A T MW 'f X31`. I_v Ja.J..k r `'! _h 'ASS ..E1.G?r ?_ :. .. Is?} ` c •.`E3 _ x.w )y ? ,yf ? ?}?_" ???y? ?. ? ,?-fi. 5 +IF ti 3 ? -'A' ??p?t t? t ._?? ?•:; E ? t 1 ?? WFIM yy' 1. Li z, K? 5, S M:? Y E ._ 1 11 i. Lon T. 10 t i t{ °i C.F Eye: ?` _ A s s 3 s E t*. 7k `l. t t 1'€`J E r ?} ; 0 .. fl z t 1 s } >r » z ?..!i` t ( y ri' ; k i '? 4 +r v a# € 1 t `?1 F r1 ., 111 il f t wit 2 1 1 F N k'1 } F S`i? JJ s I ?: r i:Y ?. Branch Banking & Trust Company 301 College St, 6th Floor P.O. Box 2027, SC 29602 Greeneville, SC 29601 Plaintiff VS. Karen Solomon George J. Solomon, Jr. 20 North Enola Drive Enola, PA 17025-2515 Defendants Court of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL PLAINTIFF S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF ) SS. COUNTY OF ) 4 1 C 16 44eing duly sworn according to law, deposes and says: 1. I am employed in the capacity of v at Branch Banking & Trust Company, Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I have reviewed the books, records, loan documents, and loan history pertaining to the Defendants Residential Mortgage loan being serviced by Branch Banking & Trust Company. 4. All proper payments made by Defendants have been credited to Defendants account. 5. Defendants mortgage payments due June 1, 2009 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage are correctly stated as follows: Principal Balance $117,879.74 Interest $15,398.02 May 1, 2009 through February 28, 2011 Escrow Advance $3,127.74 Attorney s Fees $1,690.00 Cumulative Late Charges $897.84 Property Inspections $345.00 Mortgage Insurance Premium/Private Mortgage Insurance 95.00 TOTAL $139,433.34 i 7. Defendants have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided Defendants with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. The subject mortgage is insured by the Federal Housing Administration. 10. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 11. Plaintiff properly accelerated its mortgage to protect its interests. 12. Name: t IL /'n' IA'L Title: Branch Banking & Trust Company On this day of JU1Yl-r-- , 2011, before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she/he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Stamp/Seal: N M -'• ?o Poo •?•sc,L AMIE L. SCOTT • M' F NOT 0% Solomon, PHS# 223429 ••,?'•.?ti ?? ?206 •??, ??.,? gROL N..•. r i Y. r ?r 1 1 n tw sr z ti ?'. fa1i sf r s M}t F T F f i t r t 17 y t'a ?. t rsg ,C F iti k3. rEf F t F e2 ?f Z<'. -41 %i 'q now& tip ?JAYy NNH. ' , l 1 r 1.f X?4 t 5,: r ' • ,"WAN A. C - c?"?3r s ?? -i yl,x't r x "C .}. f .wryi+ : w •--? f 't' i F-.';<?' -kp. l :F lsC 1 'fir f - 01 c it r *{; ? '. i y i ,.u s ?'t++p ?, 1 sLt??. s •. s_ - i €3ic r i ?? !1§? 4 4d T°as 1 f d> t >? - r ?r 3 z = „v. 1f y!} tr w j K'A TF, n r3SpFAt}F I ' jrs $ ?£ ?` K2 s< rc most ...a. ,? ?: Y '..a t'3p t= S? ! r ?' It 1 WON ? } 3,r,': € ?, : y k'kr#::y t >~::• -r li iS s x*tx ' . t 0 VIER ... .?3'm ? E c:' _ t.."# ; as alt :, 3 t . m. s k• j ... r ? e{ f w i _ 02 `"ti ti l t m N r m{s??f ? Too Mac playwiT ?tr o ' )? WIN A ';?r Y F +fi: x c ti_ r '? t ; ? F;? }` }?'t ? ?sx fr ? ? ?" K Wls, '` » ? } ?4t a '? ? ? r? s? '• ? \ ; }; "W CIA, •2 s k ?. _ y r F f 5. F; `'? 4 I ?:.? t,?.. >•? t< Tr ? .i. c.:k. ? try i ,,..xF : j, : ? S h F ? A y? } P f s 3 f? i ?_! {H Phelan Hallman & Sdmne& LLP Lawrence T. Phelm Iraq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel 0. Scbmie& Esq., Id. No. 62205 Michele M Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R. Shah-Jan, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Eq., Id. No. 84439 Jaime McCuiuaess, Esq.,-Id. No. 90134 C hrisovalaote P. Plialcos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 CowUmy R. Dun% Esq., Id. No. 206779 Andrew C. Bsamblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Pam Center Plaza Philsdol;Ma,, PA 19103 215-563-7000 223429 BRANCH BANKING & TRUST COMPANY 30.1 COLLEGE ST, 6TH FLOOR P.O. BOX 2027, SC 29602 GREENEVILIA SC 29601 Plaintiff V. KAREN SOLOMON GEORGE L SOLOMON, JR 20 NORTH ENOIA DRIVE . E40 , , PA 17025-2515 Defendants -0- h M Z ATTORNEY FOR PLA COURT OF COMMON PLEAS CIVIL DIWSION TERM NO. bq . ?l, 7 t ctv CUMBERLAND COUNTY 3M, t M 'A!Ntjojj v VIV'II, Af-MON YAW Mhffl,AHU INM TGA E FQ CIANSURE w Wht*l 0 hftbY Cal tl to a true aft ?0py Of the otec File N: 223429 ?` 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 HAVER LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD' TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY RBPMUL I- CUMBBRLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 6: 223429 1. Plaintiffis BRANCH BANDING & TRUST COMPANY 301 COLLEGE ST, 6TH FLOOR, P.O. BOX 2027, SC 29602 GREENEVILLE, SC 29601 2. The name(s) and last known address(es) of the Defendant(s) are: KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DR.NE ENOLA, PA 17025-2515 who istare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/10/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR US MORTGAGE FINANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200824152. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formal Ang an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein byreference '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 06/01/2009 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. Fik 9: 223429 6. The following amounts are due on the mortgage: Principal Balance $117,879.74 Interest $5,202.59 05/01/2009 through 12/09/2009 (Per Diem $23.33) Attorney's Fees $1,300.00 Cumulative Late Charges $323.19 07/10/2008 to 12/09/2009 Cost of Suit and Title Search $sin-oo Subtotal $125,255.52 Escrow Credit $0.00 Deficit $575.74 Subtotal $575-74 TOTAL $125,831.26 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 €ees 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 persnmem 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 f: 223429 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 cradit 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 mm Judgment against the Defendant(s) in the sum of $125,831.26, together with interest from 12/09/2009 at the rate of $23.33 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. LLP By: "ti",'• r ?" Lawrence T. Phelan, Esq., .d. No. 32227 cis S. Hallman, Esq., Id. No. 62695 aniel G. Sehmieg, Esq., U No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Q Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No., 87077 0 L=w R. Tabas, Esq., Id. No. 93337 Q Vivek Srivastava, Esq., Id. No. 202331 H Tay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 H Andrew L. Sgivack, Bsq,, Id. No. 84439 Jaime McGuinness, Esq,, Id. No. 90134 n Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtanay R. Dunn, Bsq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Pits #: 223429 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the are or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line ofNorth Enola Drive, North 10 degrees 20 minutes Wit, 25 feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a two and one-half story frame dwelling house known and numbered as 20 N. Enola Drive, Enola, Pennsylvania. Parcel no.09-14-0832-330 Premises: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 File 1:.223429 VERIFICATION _CWIIDK Wrlis hereby states that he/she is Ayr of BRANCH BANKING & TRUST COMPANY, 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 unswom falsification to authorities. 4haton moniS DATE: 12/11 Title: AVP Company: BRANCH BANKING & TRUST COMPANY File #: 223429 Solomon t a # ? } - _ r 1v J100 1 A t'? ?tAAt a h 4 fl x ti Rol., j w 91 .' K 4 f NF 1' r 1 ?:. ? 3 4 3 1 - ? c _ T x 5 ' t F h3 r z' t r T/ l .H k hooks `-fir s•. ?.? MAY", oat Y solo, [ } An W rt } ja t s P... r ?+fy ? -^? G}- ? 1.? f.{ Lp f r mcp 1 f .. ? . X ? ? Ono Y is ?::: L ?. ; ? J• 'mss ?,? ' a t• ? !? ? ? k ;. k L ? ? # tl f:.•?`1 ?, V ??J 'a f 1 r z >ti :'z :a 1 } v r, t J 3. szF i€ R ::k rc' t .! 1, ITT q! I SAO. 07W tlvalliti Td x s7 s k g 7 3? t 4 R I c Ey i # 1 .I t? '? R::? ? a x 4 1 M A4 Ali, -, s q k L ?? I,`,??'?i ? ?? ?<`?: }??'? a}.'+ ?,'r'. S ? :r j?t:.xz'?. u.•#:' + ?.. ?r.:t s .:.,t r, y,.. t I S...: ,t' "`}'.» t.. ,tft_ t# r ! xµ x _ ?^ i . a # .,r :f?kt a?Y?• ? '`f # ?{_ ? a E r7a, ?:. ? r 7 2 1 ?c ? 0.h . rap?! k :r : - -s : i .z z # jj; ?X# t ?r.t t}z .#' Nov, s,r? r??7 1 L 3' y 3 e# r t '.';'?`.:t} t" WAS r `,: ?` F#.rry r ''" i c- s.. x p s ;eT is r r y '<y.b '?. J t 1 J 4 } yjii tt t Y .? 1 } i. - # V 4 a ( r I ? .# s c• is , t. l , T ot r? yj ve, .. -.. -1. Y a ?..? ? Ir4, ..iLUf?e: .i ? ?•J7 r:L.? 3 M. ? c : ? .. j ; .? 5,4 t ? s C t { I L i ki 1 { ?. r it, 'K { W. .0 A by { S ?E 4 1 A 4 # l; '?r ra t ; t" lot, a Si of x?,x> xtl t ,? i v.» Q ¢t i ? ?i k2 f ss J-- •1C: S' z2syzq BRANCH BANKING & TRUST COMPANY ) 0 FLOOR 301 COLLEGE ST ) COURT OF COMMON PLEAS , P.O. BOX 2027, SC 29602 ) GREENVILLE, SC 29601 } CIVIL DIVISION Plaintiff } VS. ) NO. 09-8671-CIVIL KAREN SOLOMON ) GEORGE SOLOMON ) 20 NORTH ENOLA DRIVE ) CUMBERLAND COUNTY ENOLA, PA 17025 ) Defendant(s) ) Defendant answers Plaintiff's Complaint as follows: 1. Admit. 2. Admit. =, n a 3. Deny. Legal Conclusion. 4. Admit 5. Deny. Lack of knowledge, need documentation. 6. Deny. Lack of knowledge, need documentation. 7. Deny. Legal Conclusion. 8. Deny. Legal Conclusion. 9. Deny. Legal Conclusion. 10. Deny. Legal Conclusion 11. New Matter The said defendants have sent documentation to Branch Banking & Trust Company for FHA-HAMP modification program. The information was mailed to Branch Banking & Trust Company on January 19, 2010. See Exhibit A. f i i The said defeodanft were sent the Act 91 notice on August 18, 2009, however Branch Banking & Trust Company was in the process of working out a mortgage modification agreement with the defendants. Branch Banking & Trust had been working on the modification Agreement since July of 2009. The defendants did not contact assistance at that time due to the pending assistance from Branch Banking & Trust Company. in October of 2009, Branch Banking & Trust Company called the defendant, Karen Solomon and informed her that they were unable to assist with the modification agreement based on income. They also informed her that the mortgage had already been sent to the attorneys for foreclosure proceedings. The defferidants then sought the help of PNMIEMAP. The defmdants were turned down due to their mortgage being an FHA loan. The defendants knew dwy had an FHA loan but was unaware why Branch Banking & Trust Company did not disclose the FHA/HAW program until January of 2010. The defendant galled Branch Banking & Trost Company for more assistance with their mortgage and was informed at that time of this Program- BRANCH BANKING & TRUST COMPANY ) COURT OF COMMON PLEAS Plaintiff ) CIVIL DIVISION NO. 09-8671-CIVIL KAREN SOLOMON ) GEORGE SOLOMON ) CUMBERLAND COUNTY Defendant(s) ) CDR, T?FICATE OF SERVICE I hereby certify that a true and correct copy of the Defendant's Answer to attach Verification of Complaint was sent via first class mail to ft fallowing on the date listed below: PHELAN HALLINAN & scFAMO, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,, PA 19103 ATTORNEY FOR PLAINTIFF MICHELE M. BRADFORD, ESQ. 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF Wt1n.2 Karen Solomon George Solomon Defendants Date: 01-25»2 10 1, Karen Solomon, hereby state that she is a defendant 'in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Fomiosure are true acrd correct to best of her lmowkdge, information and belief. The undersigned wrdars ands that 9& stag is made subject to the permlties of IS ' Pa. C.S. Sec 4904 related to imsw om falsification to authorities. KAREN SOLOMON V CATION 7, Karen Solomon, hereby state that she is a defendant in this matter, that 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 best of her knowledge, information and belief. The undersigned understands that this statement is made sutject to the penalties of 18 Pa. C.S. Sec 4904 related to unsworn falsification to authorities. K-- KAREN SOLOMON r i > y? a ?? ?Y ? J ... Yr f ,{y. #5_ 1 Y: # f 4 -. SIX _Ak 17 Off QQ Zk C; C 7> r ?.f MAT i? 4t a r? r !i 7 S +L'x t ,1 R ? 4e z r ? i_ ? -f ? ? ? 3 ?'? _ +. } s z rs' r E r f i, Tai F' _'awl U_,. Lr: a..x? }4 jig Try <?a,?rrrr#yt?c .?+<. Y': {?.?. g - ''` : +3 'Y? t? 3 1 ?' TV. : r ^ 1. N Sty t'+r "cup .z t i 4 yt f z` ,?'.< I I t'> >4fd''e"f ; r d t t k' a jig, 40 »l?.EsK? r ?' far .+. `.?? ??r: 3.:.*..+ N t f r. 3 # > 'Woo c ,, # a.r f 7 -' 'yc as ; r r s 2 m,t I ,i w t ?cx Pf' ?. { sir I ?, t- s "x a i # + a t - v., 7"IM * X my? Q. P sS roc; } t t t A a??L ??` j# ar ?; b ?? ? s.+ e `;.y't t - -»L s t x ?r`i 4 '« ? ? } s r ? `? . is ?? {?"rF' "s ? Y Tw gzi•r x._y ?.{c ???< fi.. ? - ?R- ; {;. y r 'r ,?x< r.y":: ?7'?i t.h X ? ? j _ t• k 9ti & 3 ir,,?-#,Y ,C= x i Awl 1` 7 •`! ? a f d 7? '? ? ? ?' J tG i F 3 E 99 ?} 3 r x e Y - T w 'hf A yk o ?' Y t s"1? c 'r u? i MY A Apt -v s p? 6' a ?: i t TY Gt # 7ti 3 £ s 3?y! to. IRA r 4 ! } t 33 t r -xt ;ax t >,t, e a M - ° ?'?": ?p r S I tt tSa ftf iG .?, t'?' 7 > c '. ' + y, z 9 RISC, ty_ Y 3 §+ N 1 v u p ?? i s yt t g sa tr v ? -' ?' h t ? a'F" r d Y Mb, lam' „4- =r Jay Ins flail i PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.- 91656 126 Locust Street Harrisburg, PA 17101 (21?) 5§3-7000 Branch Banking & Trust Company Plaintiff VS. Karen Solomon George J. Solomon, Jr. Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County I No. 09-867I-CIVIL PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Branch Banking & Trust Company, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Karen Solomon and George J. Solomon, Jr. and in support thereof, states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 11. Denied. The averments contained in the New Matter filed by the Defendant consist of a combination of statement of facts and conclusions of law to which no response is necessary. To the extent that a response is required, Plaintiff has engaged the Defendants in loss mitigation discussions and to date, has been unable to reach a resolution of the mortgage default. As such, Plaintiff is proceeding with its contractual rights under the terms of the mortgage by initiating an action in mortgage foreclosure. Plaintiff will continue to review the Defendants for possible workouts in the interim. With respect to the FHA-RAMP program, said program only recently came into existence and that is why the program was not previously discussed with the Defendants earlier in 2009. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiff's Complaint, Respectfully submitted, PI IELAN I-IALLINAN & SCHMIEG,, LLP Date: l's o By:' nse h Schalk, Esquire Atto ney for Plaintiff VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that lie is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that, this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: 15 ? 1, R? c alk, Esquire laintiff reet By.; r(25638-??71000 A 17101 PHELAN HALLINAN & SCHMICG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Branch Banking & Trust Company Plaintiff vs. Karen Solomon George J. Solomon, Jr. Defendants J Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL CERTIFICATION OF SERVICE I certify that a true and correct cope of Plaintiff's Reply to Defendants' New Matter was sent via first class mail to the persons listed below on the date indicated: Karen Solomon, Pro Se George J. Solomon, Pro Se 20 North Enola Drive Lnola, PA 17025-2515 Date: Z' S to B ?j Jose p 1 P al k, Esquire Attor for pia f VIA 3 ? t tows? 11 l! c t i F' s + r r? 7 ? ' i Y r r i Yr-f R s j. too! on, _VM ,.`rv"'3F 3 mss rixf ? ^1`fl ? z Z#? 9 ?'?„ ? i .4 tz E }. R r ?f>J ?fi.4}rx+ 7t ? ?L ;# ?,* ?'.? QS 7,? `. t c ? ? ?? kt1 t ?' 3t 7 i * itn Y ?f ??w E if. t r , - ? v -?'f >f t Y YSt r; v r.. t3 •r,Yw j" = ; :, e V own, logo; n?jxl k µ 1 a w t2' t f X Ft rI3rt?r? ;c ti f f '- 3F ?. ?', [ t a r -. a gg ?{ 4?T j am 32, -a V A MR9 own! 1.? ft?t dta''+ ''a!"f { ?` 3} 1 3: Lt?`N ;t x Y` s. t t tt 1, ? yy ii s 4 a Ago A low ?w?7? J ys rt?t Y ;? ?fiu ? ', Ali inn I Cam, ? .{ > ? .j s+ i Mall - 54f to ?.4 'p MIT", 17- 00- f ..n rd 1. £ 5p _ S 1 Sh, Fx to f. # a 'C fit. { - _ S? ky f, t ? % ? fz 3- ?f }tj C Tc - s. I t 7 L [' r s n Thf?.: '. t ; " - - f .- f r r ? i ? x ? r ? t?? t?? i ? i •? ? 4 r . Branch Banking & Tnmt Co. mortpoe P.O. Box 2027 GrSWWMG. 9C 29802-2027 ACT 91 NOTICE 180027-3722 Fex (884) 242-9633 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE August 18, 2009 Karen Soloman 20 N Enola Dr Bnola, PA 17025-0000 91 7108 2133 3936 9849 7133 RE Mortgage Loan This is an offical notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must meet with a CONSUMER CRBDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of the Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvannia Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717-780-1869). LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPOTANCIA, PUBS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LT.AMANDO ESTA AGENCIA (PENNSYLANNrA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PURDES SER ELEGISLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EHERGANY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PEUDE SALVAR SU CASE DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Karen Soloman PROPERTY ADDRESS: 20 N E tDDr,,,Enola PA 17025 MORTGAGE LOAN: ORIGINAL LENDER: CURRENT LENDER: B CH BANIG G AND TRUST HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance which can save your home from foreclosure and help you make further mortgage payments. If you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (The "Act"), you may be eligible for emergency V Branch Banking & Tn d Go. M~ P.O. Box 2027 f3reM08, SC 29802-2027 (800) 827-3722 Fax (884) 242-9533 mortgage assistance: If your default has been caused by circumstances beyond your control, If you have a reasonable prospect of being able to pay your mortgage payments, and If you meet other eligibilty requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange and attend a "face to face" meeting with one of the consumer credit counseling agencies listed at the end if this notice. This meeting must occur within the next thirty (30) days. If you do not apply for emergency mortgage assistance, you must bring your mortgage up to date. The part of this notice called "How to Cure Your Mortgage Default", explains how to bring your mortgage up to date. COMSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for 30 days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reason set forth later in this Notice (seep the following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within 30 days of your face-to- face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be ¦¦? Branch Bw*hV b Tnnt Co. Loan Number MortGege P.O. Sox 2027 GtaWNVIO, SC 29802-2027 (800) 827-3722 Fax (884) 242-9633 pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at:20 N Enola Dr Enola PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $ 3,230.35 See attached itemization at Appendix A HOW TO CURE THE DEFAULT--You may cure the default within thirty(30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,230.35,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: BB&T P.O. Box 2027 Greenville,SC 29602- 2027 or overnight BB&T 301 College St, 6th floor, Greenville SC, 29601. IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attoney's fees. Bmnch Berdf & Trust Co. "'? ntioraape P.O. Box 2027 (3rWrN . 30 2MU-2027 {800) 8274722 Fiat (8" 242-8533 OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sherrif's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. BB&T Mortgage P.O. Sox 2027 Greenville, SC 29602-9978 (800)827-3722 FAX (864)242-9533 EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGhGE--You ? may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Branch Banking & Tnxt Co. Mortpew P.O. Box 2027 Loan Numbez? Gmew0b.SC29802-2027 (800} 827-3722 Fox (884) 242-9599 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. M Brwnch B6,nkkV & That Co. MWVVO P.O. Um 2027 GRWKWVD, SC 2MM-2027 Pq 627-3722 Fax P" 242-9533 Appendix A Loan Number DATE--_---REG PMT---NM------TOT REG PMT- REG PMTS 2,990.97 996.99 3 2,990.97 LC BAL 199.38 NSF BAL 00 OTHER FEES 40.00 INTEREST DUE .00 ESCROW DUE .00 TOT DUE 3,230.35 MONTHS DUE: 06/01/09 through 08/01/09 UUMBERLAND COUNTY HEMAP Counseling Agency List as of 2/7/02 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 1732S (717) 334-1518 CCCS of Western PA 2000 Unglestown Road Harrisburg, PA 17102 (717) S41-1757 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 TM' Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 Loveship, Inc, 2320 North 5th Street Harrisburg, PA 17110 7172322207 PHFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 Urban League' of Metropolitan Hbg 2207 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 - r t _ oil- j, - A ploy ? 3f ? f ,?.r:? ot.??1 r{ rl v j w ? r + F?' 3'. _ H C?1 ? ti. v ? ? 41, zy c W 4 _ a Viz: { °F ? `no g? r? + c •r-1. • 4 ''? t ?[ r ' _'?-,, + , is g ; 4 S'' iy 3*? nz????'r k ec Is tr r TON" r 4? ,? -t 7?t'r + n r .t' C ?.F z Wit`;.Y `?o ?i 't<; k o _Yi s r h'?1 a "All 4 3 "A Y}.K- t r c s ; ! ,? s-0w . f+ r ; >rv I i x ?{ ! 1? L .. k € w }l?:tt 4 "? <? i ys, J'i'Y ?` : ?# 1 t h +Y ?t ;L f 1 .F rti #h jf „i b + H' 4s Y' # ' 'c'#it rya rt :. {i, i y+.tr£t } M z ,t : s Y IT's rR b s ` t 3 £. 'At $F "rf :","? « t x, ;± r - }.:' *0 W f fk Ilk d r' W450 36 ids Fsi? "z ti F? ` x '+ Y; m t Ft 4' ? t s i t „? i-4# n. ire ? h }•^3 K ° ? 'f 1, b 1 IN :g7 sa nsa ?r Yi z rt r pot '$`.`,. € s .. t F. }'.? r' ? i td kt Y?. ?, 'k _ i all M .i r < ...v : [.? YS,Y :a a ^C }??,s .A 1,?q{TM. .r a r ? L.; e.w iq s.,? $?t?? r :? kF ; s BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29602 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/31/11 REQ BY ALD PAGE 1 KAREN SOLOMON BB&T VALUES THE OPPORTUNITY TO 20 N ENOLA DR SERVICE YOUR MORTGAGE LOAN. IF ENOLA PA 17025 YOU HAVE ANY QUESTIONS REGARDING YOUR LOAN ACTIVITY STATEMENT, YOU MAY CONTACT BB&T MORTGAGE CUSTOMER SERVICE AT 1-800-295-5744, LOAN NUMBER ?t7kk?rAre4*tlk*?k+k1t:#1 b' >, 1F i??t#ite*?trYrYeie*ieie*kYrxk#ie**+kdM*rtw?r*?it+k?Fw.t*ir4lrirkk,t+k**h*#lcki;**?k*rr,k,t ----------- --- ------------ CURRENT ACCOUNT INFORMATION ------------------ DATE TOTAL PRINCIPAL LOAN CURRLSNT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE D6-01-09 996.99 800.07 7.12500 117,879.74 3,080.24- ACTIVITY FOR PERIOD 01/01/09 - 01/31/11 ?ROCESS DUE 'TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION - - - - TRANSACTION PRIM, PAID/ ESCROWPAID/ ------------ OTHER ------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION -....---- ------------------------- .-__------------ 01-18-11 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.20-1 LATE CHARGE 01-06-11 06-09 161 ESCROW ADVANCE 47.50 0.00 0.00 47.50 01-05-11 08-11 310 MORTGAGE INSURANCE DISBURSEMENT 47.50- 0.00 0.00 47.50- 3080.24- NEW PRINCIPAL/ESCROW BALANCES 22.16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.20-1 LATE CHARGE 12-06-10 06-09 161 ESCROW ADVANCE 47.50 0.00 0.00 47.50 12-03-10 08-11 310 MORTGAGE INSURANCE DISBURSEMENT 47.50- 0.00 0.00 47.50- 3032.74- NEW PRINCIPAL/ESCROW BALANCES 11-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0,40 41.20-1 LATE CHARGE 41-08-10 06-09 161 ESCROW ADVANCE 47.50 0.00 0.00 47.50 11-05-10 08-11 310 MORTGAGE INSURANCE DISBURSEMENT 47.50- 0.00 0.00 47.50- 2985.24- NEW PRINCIPAL/ESCROW BALANCES 10--18-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.20-1 LATE CHARGE -06-10 06-09 161 ESCROW ADVANCE 47.50 0.00 0.00 47.50 BB&T MORTGAGE P.O. SOX 2467 GREENVILLE, SC 29602 REQ BY ALD CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/31/11 PAGE 2 KAREN SOLO LOAN W1 ACTIVITY FOR PERIOD 01/01/09 - 01/31/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------- +. we------- n.------.----'----------:----ww::.roe.-.r-'----.----r---.------- ----- TRANSACTION ? PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION -------------..----------_... ---------------------------------------------------- 10-05-10 08-11 310 MORTGAGE INSURANCE DISBURSEMEN'T' 47.50- 0.00 0.00 47.50- 2937.74- NEW PRINCIPAL/ESCROW BALANCES 69-22-10 00-00 633 MISC, F/C AND B/R EXPENSES 125.00 0.00 0.00 0.00 09-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.0>0 0.00 0.00 41.20-1 LATE CHARGE 09-07-10 06-09 161 ESCROW ADVANCE 47.50 0.00 0.00 47.50 09-03-10 08-11 310 MORTGAGE INSURANCE DISBURSEMENT 47.50- 0.00 0.00 47.S0- 2890.24- NEW PRINCIPAL/ESCROW BALANCES 08-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 08-16-10 06-09 161 ESCROW ADVANCE 1,054.45 0.00 0.00 1054.45 Q8-13-10 07-10 316 SCHOOL TAX 1,054.45- 0.00 0.00 1054.45- 05-06-10 06-09 161 ESCROW ADVANCE 2842.74- NEW PRINCIPAL/ESCROW BALANCES 48.03 0.00 0.00 48.03 08-05e-10 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 1788.29- NEW PRINCIPAL/ESCROW BALANCES 47-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 07-06-10 06-09 161 ESCROW ADVANCE 48.03 0.00 o.00 48.03 47-02-10 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- '1740.26- NEW PRINCIPAL/ESCROW BALANCES 06-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 06-07-10 06-09 161 ESCROW ADVANCE 48.03 0.00 0.00 48.03 06-04-10 48-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 1692.23- NEW PRINCIPAL/ESCROW BALANCES BB&T MORTGAGE P,O. BOX 2467 GREENVILLE, Sc 29602 REQ BY ALD CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/31/11 PAGE 3 KAREN SOLOMO LOAN NUMBER.:, 6NO06 ACTIVITY FOR PERIOD 01/01/09 - 01/31/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ...---.--.-:--.-:-.---.-:----------.---..---.---,''-.-.--.------- ... - -- . - - _ --- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------ OTHER ------------- AMOOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION -- ---. - - .,..-------------------------------------- 05-17-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 05-06-10 06-09 161 ESCROW ADVANCE 48.03 0.00 0.00 48.03 05-05-10 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 1644.20- NEW PRINCIPAL/ESCROW BALANCES V4-16-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 04-06-10 06-09 161 ESCROW ADVANCE 392.31 0.00 0.00 392.31 b4-05-10 03-10 313 CITY TAX DISBURSEMENT 344.28- 0.00 0.00 344.28- 1596.17- NEW PRINCIPAL/ESCROW BALANCES 04-05-10 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 1251.89- NEW PRINCIPAL/ESCROW BALANCES 03-25-10 06-09 161 ESCROW ADVANCE 436.00 0.00 0.00 436.00 03-24-10 04-10 351 HAZARD INSURANCE DISBURSEMENT 436.00- 0.00 0.00 436.00- 03-16-10 06-09 0,00 03-08-10 06-09 48.03 03-05-10 08-10 48.03- 02-16-10 06-09 0.00 02-08-10 06-09 48.03 62-05-10 08-10 48.03- 1203.>86- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 41.27-1 LATE CHARGE 161 ESCROW ADVANCE 0.00 0.00 48.03 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 48.03- 767.86- NEW PRINCIPAL/ESCROW BALANCES 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 41.27-1 LATE CHARGE 719.83- NEW PRINCIPAL/ESCROW BALANCES 161 ESCROW ADVANCE 0.0!0 0.00 48.03 310 MORTGAGE INSURANCE DISBURSEMENT 0.00 0.00 48.03- BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29602 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/31/11 RE4 BY ALD PAGE 4 LOAN UMBER LOAN NUMBER: ACTIVITY FOR PERIOD 01/01/09 - 01/31/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------- W.. .:--------- ---- --------_--_--------------. ---- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODS/DESCRIPTION -----------.-...,.-------------------------------------_--------------- -- --- 01-19-10 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 01-06-10 06-09 161 ESCROW ADVANCE 48.03 0.00 0.00 +48.03 01-05-10 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03 0.00 0.00 48.03- 671.80- NEW PRINCIPAL/ESCROW BALANCES 12-16.09 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 12-11-09 00-00 632 STATUTORY EXPENSES 75.00 0.00 0.00 0.00 L2-11-09 00-00 632 STATUTORY EXPENSES 325.00 0.00 0.00 0.00 L2-11--09 00-00 632 STATUTORY EXPENSES 225.00 0.00 0.00 0.00 12-11-09 00-00 632 STATUTORY EXPENSES 92.00 0.00 0.00 0.00 12-11-09 00-00 630 ATTORNEY ADVANCES 825.00 0.00 0.00 0.00 12-07-09 06-09 161 ESCROW ADVANCE 48.03 0.00 0.00 48.03 :.2-04-09 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 623.77- NEW PRINCIPAL,/ESCROW BALANCES U-16-09. 06-09 152 LATE CHARGE ASSESSMENT 0.100 0.00 0.00 0.00 41.27-1 LATE CHARGE la-06-09. 06-09 161 ESCROW ADVANCE 48.'03 0.00 0.00 48.03 21-05-09 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 575.74- NEW PRINCIPAL/ESCROW BALANCES U-16-09 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE S0-06-09 06-09 161 ESCROW ADVANCE 48.03 0.00 0.00 48.03 :10-05-09 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 527.71- NEW PRINCIPAL/ESCROW BALANCES BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29,602 CUSTOMER ACCOUNT ACTIVITY STATEMEN'T' DATE 01/31/11 REQ BY ALD PAGE 5 KAREN SOLCf"C19 LOAN NUMBER: AC'T'IVITY FOR PERIOD 01/01/09 - 01/31/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OIL TRANSACTION -- - TRANSACTION PRIN. PAID/ -??--ESCROW -PAID/- ------OTHER------------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION - ---_- _ _ _ -- _»„_____ 09-16-09 06-09 152 LATE --CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 41.27-1 LATE CHARGE 09-08-09 06-09 161 ESCROW ADVANCSS 48.03 0.00 0.00 48.03 09-04-09 08-10 310 MORTGAGE INSURANCE DISBURSEMENT 48.03- 0.00 0.00 48.03- 479.68- NEW PRINCIPAL/ESCROW BALANCES 08-17-09 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 08-17-09 06-09 161 ESCROW ADVANCE 431.65 0.00 0.00 431.65 08-14-09 07-09 316 SCHOOL TAX 1,054.68- 0.00 0.00 1054.68- 431.65- NEW PRINCIPAL/ESCROW BALANCES 08-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 623- MENTS NEW PRINCIPAL/ESCROW BALANCES 07-16-09 06-09 152 LATE CHARGE ASSESS 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 07-03-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 671.56 NEW PRINCIPAL/ESCROW BALANCES 06-16-09 06-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 06-15--09 05-09 172 PAYMENT 1,036.87 99.57 700.50 196.92 39.88 1 LATE CHARGE 117,879.74 720.09 NEW PRINCIPAL/ESCROW BALANCES 06-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 523. MENT? NEW PRINCIPAL/ESCROW BALANCES 05-18.09 OS-09 152 LATE CHARGE ASSESS 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE CS-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 04-20-09 571.70 NEW PRINCIPAL/ESCROW BALANCES 04-09 1.71 PAYMENT 996.99 98.98 701.09 196.92 117,979.31 620.23 NEW PRINCIPAL/ESCROW BALANCES BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29602 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 01/31/11, REQ BY ALD PAGE 6 KAREN SOLO _ __-- LOAN NU?18EIt?? ACTIVITY FOR, PERIOD 01101109 - 01/31/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ----.----.......:,---------------------- ?-,-..-----. ---_--?------ TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER----- ------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION 04-16-09 04-09 1.52 LATE CHARGE ASSESSMENT _?_ __?-____-"`___ w y 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 04-13-09 03-09 313 CITY TAX DISBURSEMENT 344.28- 0.00 0.00 344.28- 423.31 NEW PRINCIPAL/ESCROW BALANCES 04-03--09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 03-23-09 03-49 172 PAYMENT 767.59 NEW PRINCIPAL/ESCROW BALANCES 1,036.87 98.40 701.67 196.92 39.88 1 LATE CHARGE 118,078.29 816.12 NEW PRINCIPAL/ESCROW BALANCES 03-20-09 04-09 351 HAZARD INSURANCE DISBURSEMENT 371.00 0.00 0.00 371.00- 03-16-09 03-09 152 LATE CHARGE ASSESS;IMO NEW PRINCIPAL/ESCROW BALANCES 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 03-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.33- 02-24-09 02-09 172 PAYMENT 990.20 NEW PRINCIPAL/ESCROW BALANCES 997.00 97.82 702.25 196.92 0,01 1 LATE CHARGE 118,176.69 1038.73 NEW PRINCIPAL/ESCROW BALANCES 02-24-09 01-09 172 PAYMENT 997.00 97.24 702.83 196.92 0-.01 1 LATE CHARGE 118,274.51 641.81 NEW PRINCIPAL/ESCROW BALANCES 02-17-09 01-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 02-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.S3- 0.00 0.00 48.53- DI-29-09 01-09 173 PAYMENT 644.89 NEW PRINCIPAL/ESCROW BALANCES 0.00 0.00 0.00 0.00 39.88 1 LATE CHARGE 71-16-09 01-09 152 LATE CHARGE ASSESSMEN'T' 39.88- SUSPENSE 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 01-12-09 12-08 172 PAYMENT 1,036.87 96.66 703.41 196.92 39.88 SUSPENSE 118,371.75 693.42 NEW PRINCIPAL/ESCROW BALANCES BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29602 REQ BY ALD CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 05/26/10 PAGE 5 KAREN SOLOMAN LOAN NUMBER-4 ACTIVITY FOR PERIOD 01/01/00 - 05/25/10 PROCESS DUE TRANSACTION TRANSACTION EF"PECTIVE DATE DATE DATE CODE DESCRIPTION OF' TRANSACTION -------_ ?----__--- TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER, ----------- AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION - 02-24-09 01-09 172 PAYMENT -- 997.00 97.24 702.83 196.92 0.01 1 LATE CHARGE 118,274.51 841.81 NEW PRINCIPAL/ESCROild BALANCES 02-17-09 01-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 02-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 644.89 NEW PRINCIPAL/ESCROW BALANCES 01-29-J9 C1-09 l'!3 PAYMENT 0.00 0.00 0.00 0.00 39.88 1 LATE CHARGE 39.88- SUSPENSE 01-16-09 01-09 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHAI7(7E 01-12-C9 12-08 172 PAYMENT 1,36.87 96.66 703.41 196.92 39.88 SUSPENSE 118,371.75 693.42 NEW PRINCIPAL/ESCROW BALANCES 01-06-09 12-08 132 LATE CHARGE ADJUSTMENT 0.00 0.00 0.00 0.00 39.88 1 LATE CHARGE 01-05-09 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 496.50 NEW PRINCIPAL/ESCROW BALANCES 12-16-08 12-08 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 39.88-1 LATE CHARGE 12-05-08 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 545.03 NEW PRINCIPAL/ESCROW BALANCES 11-17-08 12-08 175 PRINCIPAL PAYMENT 0 .01 0.01 0.00 0.00 118,468.41 NEW PRINCIPAL/ESCROW BALANCES i1-17 08 11- 08 172 PAYMENT 996 ,99 96.09 703.98 196.92 118,468.42 543.56 NEW PRINCIPAL/ESCROW BALANCES 11-05-08 08- 09 310 MORTGAGE INSURANCE DISBURSEMENT 48 .53- 0.00 0.00 48.53- 396.64 NEW PRINCIPAL/ESCROWW' BALANCES -10-06-08 10- 08 171 PAYMENT 996 .99 95.53 704.54 196.92 118,564.51 445.17 NEW PRINCIPAL/ESCROW BALANCES BB&T MORTGAGE P.O. BOX 2467 GREENVILLE, SC 29602 REQ BY ALD KAREN SOLO LOAN NUMBE CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 05/26/10 PAGE 6 ACTIVITY FOR PERIOD 01/01/00 - 05/25/10 PROCESS DUE TRANSACTION TRANSACTION EF'F'ECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION .._-----------u _ __-------_ TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER------ ------ AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION ------------------------------------------------------------------- ------- 10-03-08 08-09 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 248.25 NEW PRINCIPAL/ESCROW BALANCES 09-05-08 08-08 310 MORTGAGE INSURANCE DISBURSEMENT 48.53- 0.00 0.00 48.53- 296.78 NEW PRINCIPAL/ESCROW BALANCES 08-28-08 09-08 173 PAYMENT 996.99 94.96 705.11 118,660.04 08-21-08 09-08 170 OPENING ENTRY 148.39 0.00 0.00 08-27-08 196.92 345.31 NEW PRINCIPAL/ESCROW BALANCES 148.39 148.39 NEW PRINCIPAL/ESCROW BALANCES 08-15-08 09-08 142 LOAN SETUP 0.00 118,755.00- 0.00 0.00 118,755.00 NEW PRINCIPAL/ESCROW BALANCES t t 1 1 t S F i !' 4 Yi - t z Toy g 1; i { 1 r O N Act- 4 ` F- t S 7 i P-? F .. got 0- . AV if B I r v._ ?c YS ti: 4 N: W i L d - O , '( 3 j y g p 1t ?? +r. +k S. Y }} t u ;? ? If7I ? i t is "• 1. 1 'S .?' sc m.,? 3 jf? ? ?-. ? ? t '; 3 i_t?• I '2 r -c h tTt ? k ? :.i - 1 r #C i ? }t t 3 ' a {.wti ti I p c , 1 11,27- A S S t .Y a rn f F a r T T 7: .,i', wA v, s oo ' r{ 7 r 3 T tiW Own Q- MY: 4 3 r ?! 1 r'" ,ti ? 4?1 i 3 ?. ? a 0l? ? i {. f A JOE g' o= fF ?s"n fi 5 Yv {, 7 "°" - [ zl ASK 1 t o r k t r t 111 ? iE t ';K a ' 1, i s '? ; - LIh f 3 r A To tl? ut ;' N!>F l:; r:ii=-.T ".: R(""Ir :Ti t?r• .'?: .nc Q?-1;; ', iGa 1.t At DATE 02-04 USER=E,"l KF.Y-U,11'8 8 VER5 C09 ,:..I.F. EHn HVVIJF De.rlal +,Ctk.or 1,SRB - .3-?ArP W., C(' NDMONS-0 February 04, 2010 (wren Solowan, 2f) V 6nota Dr I;nOlo PT 17;:26-0000 RE,: mostoage Loan Nn;!:tn.r; amlr va:tuee the opportunity to Provide your mortgage hart 'ervi,-Any anti is cannritted to providing the best boss Mitigation epeion ava.ilabJ.K based on insurer and investor programs and guidelines. Please be adv£sefl that ve have reviewed your account. for qualification under f'`,e FHA Honw. Affordable tlndlfi.^atiln Program (FNA-RAMP), The progran`s :o%:us <,>n loan=s that are nSUrt.d by the redtmal housing Admi.nins:tati,*n (PHR1, ;JnforCunatel'y, your lean 1..i currently not eligible uncle=' THA-HAMP for the to)]owing rcra=onta}; _ ['f'ont-End f rl is already below, 14; tack-End DTI £9 greater than 5"; Amount to curet defautt exceeds maximmu allowed Partial Clan In addition, you did not meat the criteria for a tradition- A-1 loan Modi'N.cation bprrau'gta of thc_ Sol_owing LeaSOStSsi: Your incorm" is lnsurf,C=eat co Support your current dobt repayment. Your i.oss mit.£gation auc©uat sas been closed at this time, Should yo,.r : nanci.al status change or should you have any additional questions, plea'" contact one; of our Io a Mitiq tian Representatives at 1-600-627- 1722, in,,t. 28422. Our office hours are Monday - Friday, 8:3:7 am to 6:00 p.m. 4CiT , Iour mortgago loan information is 'lso avdal:elle oiflin€, LLra6n to BD T Online at vww,bht.:::rm. Tnank you for banking frith H0&T. ?rt.,rir 1?'sL`R; contacting our office doH,.q n;'t 509yer'd Ycvr abligation ^ jo ttk„r mortgage p yments. We wi.il c(mitinue all coil€+.ct.ion and t,acc. a t _vity ,rnless or until a workout plan has been Completed. txnr. rL L ';'he F'ai S Debt Coll€action, Practices Act require„ us '' 'ir rm ;ru brat 4e are attempting to coilgct a debt and any iaTnrr3a*it:-n Obtained +41.11 be wised for that purposo. A 4 H } 3Y ,F,ty A, ° _ i k ?: ?yAw£ .?x w j.. ? s. a < I E ? ? ? s ?v ?`k ? ..• fi r j L A: r ? j tf ?i ? i f ;'Sad' < ?-_r f t ??f r t u PM. ?y ?u ? e a 'I t v t h a e f k r r y? r z r ?? f a -r .} y jn e? ? m_k{ a., t r * _ € h Y ?t ? ` cal 1 vt, i. 7k? ?t ? r 1, 4' 1 Este ?I?R l? p -v 4 t ti{S f - l i j I I .y P s lH?.C .. r ?. ? n_w s+ I ?s rt i t ?l1 -} * - F 05-08-ID MSP LETTERWRIT8R ACTIVITY FOR NAM OF 04-10 PAi;«133,125 LOAN; OATS=09,19 USSR-SIM KEY-IM007 VERS.037 TITLE-Incomplete Package Rcvd 1C Fotr" Pui;:': «-=Ck31 nCtlR1TY-1 LINES- DITIUMS-0 April 19, 2010 Xaron Soloman 20 N Enola Dr Eno-'a PA 17025 RE. Mortgage t4a pear. Mortgagortsl: DO&T Mortgage recently received dome initial financial information from you to help us evaluate potential loss mitigation options for your mortgage loan account. we cannot begin reviewing your file fox a possible solution until we receive a complete financial package. Please send the additional requested information via mail to BB&T Mortgage at the above address or fax to 1-252-293.9058 for our review- « Letter of Hardship Completed 88i,&T Borrower Financial Information Form . 4506-T tax form If we do not hear from you within 10 days of this letter, we will close your request. Should you have any questions, or should you feel that we have received this information in error, please contact one of our Loss Mitigation Representatives at 1.800-827-3722, Ext. 28422. our offio0 hours are Monday - Friday, 8:30 a. m. - 5:00 p.m. (LOT) . Your mortgage loan information is also available online. Logon to Oa&T OnLine at www.bbt.com to manage your mortgage loan. Thank you for banking with sB&T. LM007r, D37/51M 06-05-10 MSP LS1'TERWRITER ACTIVITY FOR MONTH OF 05-10 PAOE126,675 LOAN. TE.OS-24 UGER.SIM KEY.LM007 VEPS•037 TITLarlneompleto Package Rcvd Ic FORM. PR1rrl1R4G931 SECURITY-1 LINEI ITIONS•0 May 24, 2010 Karen Soloman 20 N EOola Ur Enola PA 17025 RE1 mortgage 404" Dear Mortgagor (a) : SBBT Mortgage recently received some initial financial information from you to help us evaluate potential Ives mitigation options for your mortgage loan account, we cannot begin reviewing your file for a possible solution until we receive a complete financial package. Please send the additional requested information via mail to BUT Mortgage at the above eddress or fax to 1-232-293-9058 for our review. Most Recent Paystubs • Most Recent Checking/Savings Statements if we do not hear from you within 10 days of this letter, we will close your request. Should you have any questions, or should you feel that ve have received this information in error, please centacc one of out Loss Mitigation Representatives at 1-000-827-3122, Ext. 28422. Our office hours are Monday Friday, 0x30 a,m. - 5:00 p.m. MT). Your mortgage loan information is also available online. Logon to B9kT OW ne at www.bbr.com to manage your mortgage loan. Thank you for banking with savr. LM007f, 03715IM yrx i a s ,F Y a 1. t? > w 3 4 r ` Fri y x." }Y -a 4 j- S 4vtA, tt Ism ?/}. KS - I ,.? r Tft t r r'+E'' { ti r p ,F .fir, ts+ q 41 t + 3 + i - 4X:s r. r1-g;,: { wy , -s ?t y ti r/ L 4 t 07 i:- j t to . 7S vnyt sw4fr: wri.q : < I rc _ s Y u "?+?W t'vt t s; 1a> 1.$ dF t yi'!;!? ss..r r< s Cr r.@? + .s F F'? ter: nt? % 3 ? t sC r „ `s '?f. f' r ?t _ ; fn t? ?? ltt' fy }c ; ? s ?t ? 1 ? i ? s i. > C Ls+ try ? ? ?"?,t ti -:c n' 1• i saa' 3 -. a to -,yf l?« ti ?'? ..'C ?`ycTl?' z, }r f trx ,YS,.. r < } h.( T g -' ? ( 4 - ; '? A-Z ?' ?7 } his •nr er i ? ?e .rt s x `:. w ? n -?fr,° .?`?'?? y_F ?:: b s - zl ii' f 'J'A x' 1H t } 4 P " T< it , t .s". f W A ti:,, t3+. by I i'. ,+ 1 'k ) .k .{ 3 1 t3' ` r ?- i '? r+„y?h 3y 4k .- r t»o a? ?tf' L- `"r ? ?r ?''a s• ?s' i { ?? > , } ??.w ?k FFl Fry it - .s. Y:r» ?-??• 7 ? i .F t b p aj x qtr' ?.,i i. )' < ? >< ? Q L i A`.' N1 P L::1"^t;Ri4ti:.':ER TI' I Y ipR US R-6?1 Kr,,Y'LY',.?B t';C -W4 °aTTTLWFM-iLAMP i)s:nia dune ?b, 2 K,nrcn Soiotnan 20 N finota PA i702?,-0000 RE: f ix: ?;.ga,d ?• -=t:an Cie:roLes: BmT va` "s "m optK,rt unity to provide your Mortgage loan servicing and is cormittad to peovldin5) the best boss Mftlgat:<on Option Availab.ie haled cn in!-ura: and investor- programs and quidelines, rlease be adv .sed we have reviewed your ;,iccotmt Wr qua'Lifltasti.on under t::ra FHA Rulnf: AYf:)rdable: M±>di-f.icatic,n Program (F A-MP!4?). The procram13 focus i.s cn W"s t-tr:3t we howled by do EWMal Housing PA-kini.3tration MR. Onfortunrtely. your _oan is cur.re.r:tly not ol.:igihle under F4A-HAMF for tfitc. to?,lawinra reasrr:',si cx'on+.-E.n;d U'i i.3 .:,lxeady tsel.o:: 31t; Back-FrO DT- is g"atar than 5511 Aunrt;nt. to r;t;1-e ;iefau-I exceeds n;avinurn allowee ?artial rn aGdi..tl0n, You d1d not €seeT tit; criteria for a tzadlt i.anst M lsan -nor_'irication because .3f the fO:L:Low1ny rQaxsc 1 (S) ! 'onl- Income Io i-,::ufll.cttMt. CO rUPPOrt a rtxld1fl d I>a9tient. sour loss m t:igation zi=cunt has been closed at We time, Should your financ'.al status change cr ;;ioul.d you have any additional CluestSons, please c•a}ntact one ,7f %ur Loss Mitigation kepre:Y.e::tatives eat 1.-800-F2;..• M2, e W. 2"22. (wr Wfice hoaxs are Florrday Fri.sday, 8.34 am to 600 p.w- . `your mor.Lgage loan infoFn?a,tio=r is also available cnl1fiv. LoF;('n to 3541" Oo'in£: at wF=s<.pit.c:ctm. Ttank you for bank;€rg with P,S&T. LEI 78 MUSA 11MOM M t tsotU: Contacting our office doer not iuspend your obligati nn tC, mute your mortgage payments. we, V"111 contir,.xc: all collection and fozvOos€tre rxMivity unless or until a wOMut_ plan has 1)mn csmpleterd. *r_ HySl w: OaT.4: . The Fair Iiei)t. Collection P az r .ces Act regU':res uv to inform yoo Melt wp aif= attemptintt t<) col'ect, a d8UL and any inLOc; r,. ri -, obtained gill ht. U.ued for' "'eat purpose. PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Branch Banking & Trust Company 301 College St, 6th Floor P.O. Box 2027, SC 29602 Greeneville, SC 29601 Plaintiff VS. Court of Common Pleas Civil Division Cumberland County Karen Solomon George J. Solomon, Jr. 20 North Enola Drive Enola, PA 17025-2515 Defendants No. 09-8671-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Praecipe for Argument, and attached Exhibits were sent via first class mail to the person on the date listed below: Karen Solomon, Pro Se George J. Solomon, Jr., Pro Se 20 North Enola Drive Enola, PA 17025-2515 Date: 7-0 H By: Schalk, Esquire for Plaintiff CA ? A FILED-OFFICE PRAECIPE FOR LISTING CASE FOR ARG 'IPROTHONO TA.R)' (Must be typewritten and submitted in duplicN JUN 28 QM 8' 28 TO THE PROTHONOTARY OF CUMBERLAND Q?*AND COUNTY Please list the within matter for the next Argument YLVANIA --------------------------------------- Branch Banking & Trust Company 301 College St, 6th Floor P.O. Box 2027, SC 29602 Greeneville, SC 29601 Plaintiff vs. -------------------------------------------------------- Court of Common Pleas Civil Division Cumberland County No. 09-8671-CIVIL Karen Solomon George J. Solomon, Jr. 20 North Enola Drive Enola, PA 17025-2515 Defendants 2 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: (a) Attorney for Plaintiff Address (b) Attorney for Defendant Address: 3 4 Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 Karen Solomon, Pro Se George J. Solomon, Jr., Pro Se 20 North Enola Drive Enola, PA 17025-2515 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: August 26, 2011 Date: ? N By: _Uj Jos#(3. Schalk, Esquire Atto}nev for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8671 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING & TRUST COMPANY. Plaintiff (s) From KAREN SOLOMON AND GEORGE J. SOLOMON, JR. (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: $139,433.34 L.L.: 41 5v Interest from 3/01/2011 to Date of Sale ($22.92 per diem) - $8,549.16 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $218.50 Plaintiff Paid: Date:_ 12,1/2011 Other Costs: D. Buell, Prothonotary (Seal) By: Deputy REQ:JESTING PARTY: Name: ROBERT W. CUSICK, 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. 80193 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BRANCH BANKING & TRUST COMPANY Plaintiff v KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/01/2011 to Date of Sale ($22.92 per diem) TOTAL Note: Please attach description of property. PHS # 223429 ay. 0? fcl a oC3.vv Cam 92-w ft << z sv COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8671-CIVIL CUMBERLAND COUNTY $139,433.34 $8,549.16 r-- b <W -71;:, r $1 982.50 P allinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff Cic.l?-) 13?i?9 3 ??ata?9?7 W?"? '?a xi, j"s5o%( ? W p N 6pNn ? ,.a W <C ti *? 4• ?NW ? oa U 0 U U ? LJ 0 O N d o '? w O ? ? cnn x? w lit PW M O O 01? Z' ? 'N a 46 IS s? LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North 10 degrees 20 minutes West, 25 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN George J. Solomon, Jr. and Karen Solomon, h/w, by Deed from Ruth R. Kiner, single woman, dated 06/01/2000, recorded 06/06/2000 in Book 222, Page 937. PREMISES BEING: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 PARCEL NO. 09-14-0832-330. PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY ? Plaintiff _1 ° , V. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8671-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan man & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff BRANCH BANKING & TRUST COMPANY Plaintiff V. A1 f5 n KAREN SOLOMON GEORGE J. SOLOMON, , L A ii 0 0 U Defendant(s) - 'I i ?k 'i l l , GEORGE J. SOLOMON, JR AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING & TRUST COMPANY, 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 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515. Name and address of Owner(s) or reputed Owner(s): Name KAREN SOLOMON 2. 3. 4. 5. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8671-CIVIL CUMBERLAND COUNTY PHS # 223429 Address (if address cannot be reasonably ascertained, please so indicate) 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 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) None. 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. 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 TENANT/OCCUPANT TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; V Floor ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; 2nd Floor ENOLA, PA 17025-2515 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date: By: Phelan Ha Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff BRANCH BANKING & TRUST COMPANY VS. KAREN SOLOMON : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 09-8671-CIVIL GEORGE J. SOLOMON, JR : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ' yrJ, e...? is TO: KAREN SOLOMON ' GEORGE J. SOLOMON, JR w 20 NORTH ENOLA DRIVE `= - ENOLA, PA 17025-2515 - "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 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $139,433.34 obtained by BRANCH BANKING & TRUST COMPANY (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 x1230. 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 Sheriff's 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 215-563-7000. 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 NO. 09-8671-CIVIL BRANCH BANKING & TRUST COMPANY VS. KAREN SOLOMON GEORGE J. SOLOMON, JR owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 Parcel No. 09-14-0832-330. (Acreage or street address) Improvements thereon: Duplex JUDGMENT AMOUNT: $139,433.34 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North 10 degrees 20 minutes West, 25 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN George J. Solomon, Jr. and Karen Solomon, h/w, by Deed from Ruth R. Kiner, single woman, dated 06/01/2000, recorded 06/06/2000 in Book 222, Page 937. PREMISES BEING: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 PARCEL NO. 09-14-0832-330. V BRANCH BANKING & TRUST COMPANY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. Civil Division KAREN SOLOMON GEORGE J. SOLOMON, JR [!r THE H OTHVIOTARY 2C,? J;'"a I I PM 3: 39 CUMBERLAND COUNTY P LLdN SYLVANIA Court of Common Pleas CUMBERLAND County No.: 09-8671-CIVIL Defendants RULE BY E ;;k J. J ?dret+ C,^e°rye- L 223429 AND NOW, this day of v% 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. y Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 GEORGE J. SOLOMON, JR 1254 2ND AVENUE HELLERTOWN, PA 18055 223429 223429 2 L312 JAN 24 AM 10: 51 CUMBERLANID C0U11i-;..y PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF BRANCH BANKING & TRUST COMPANY Plaintiff Court of Common Pleas Civil Division vs. KAREN SOLOMON GEORGE J. SOLOMON, JR CUMBERLAND County No.: 09-8671-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 DATE: KAREN SOLOMON GEORGE J. SOLOMON, JR 101 N 2ND ST NEWPORT, PA 17074-1505 223429 Attorney for Ylalntiii r ILED-OF I~ ICS. r THE PROTHONOTARY 2012 FEB -1 AM 10*-00 CUMBERLAD COUNTY Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. KAREN SOLOMON GEORGE J. SOLOMON, JR CUMBERLAND County No.: 09-8671-CIVIL Defendants MOTION TO MAKE RULE ABSOLUTE BRANCH BANKING & TRUST COMPANY, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on January 6, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 29, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about January 11, 2012 directing the Defendants to show cause by January 31, 2012 why the Motion to Reassess 223429 Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 23, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan , LLP DATE: By: . Allison F. W'As, Esquire Attorney for Plaintiff 223429 Exhibit "A" 223429 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 29, 2011 KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 GEORGE J. SOLOMON, JR 1254 2ND AVENUE HELLERTOWN, PA 18055 RE BRANCH BANKING & TRUST COMPANY v. KAREN SOLOMON and GEORGE J. SOLOMON, JR. Premises Address: 20 NORTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 09-8671-CIVIL Dear Defendants, Enclosed please .find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by January 3, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, C'ciurten;1c?, Esquire Attorney for Plaintiff t nclosurs 22 3429 e C K d TH I I r .n ,4 " r A J ..a a R ! w o +sy W (Q] tt ? ry } 01 T 4 0. ? a b a 'J Exhibit "B" 223429 FILED-OFFICE Or THE PROTHONOTARY 2012 AN I I PM 3. 09 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRANCH BANKING & TRUST COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KAREN SOLOMON GEORGE J. SOLOMON, JR No.: 09-8671-CTVIL Defendants RULE AND NOW, this day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY ` l <'Ot. X &Pil5 ' 223429 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hatlinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 GEORGE J. SOLOMON, JR 1254 2ND AVENUE HELLERTOWN, PA 18055 2.23429 223429 Exhibit "C" 223429 2112 gild 24 AM 10: 51 Al 1ORNEY FILE CopY?--'UMURLA140 t OUN i ,i PENNSYLVANIA Attorney for Plamhff Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff VS. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-8671-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 11, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 1 7025-25 1 5 KAREN SOLOMON GEORGE J. SOLOMON, JR 101 :*1'2ND S'r NEWPORT, PA 17074-1505 1°lallinan & Scl P f DATE; _ 13y: urcn ah uIxe 223429 t# Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Plaintiff vs. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-8671 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 DATE: KAREN SOLOMON GEORGE J. SOLOMON, JR 101 N 2ND ST NEWPORT, PA 17074-1505 Phelan Allison F. LLP 223429 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey February 6, 2012 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: BRANCH BANKING & TRUST COMPANY vs. KAREN SOLOMON and GEORGE J. SOLOMON, JR CUMBERLAND County CCP, No. 09-8671-CIVIL Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time-stamped in the enclosed self-addressed envelope. If you have any questions, please do not hesitate to contact me. Enclosure cc: KAREN SOLOMON GEORGE J. SOLOMON, JR 223429 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST COMPANY Plaintiff VS. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendants Court of Common Plea Civil Division " CUMBERLAND Co Q No.: 09-8671 -CIVIL ORDER f ' AND NOW, this Q day of AA" , 2012, upon consideration of Plaintiffs r") a? Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absoll4te and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED 4_mµ . to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through March 7, 2012 Per Diem $23.01 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium to be paid prior to March 7, 2012 Escrow to be paid prior to March 7, 2012 Escrow Deficit TOTAL $117,879.74 $23,921.60 $323.19 $1,550.00 $1,056.00 $505.00 $234.60 $298.31 $5,270.66 $151,039.10 Plus interest from March 7, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY E COURT: - "// A, /I., J. 223429 Lt T NE PROTMC dOTA PHELAN HALLINAN & SCHMI?# ` 9. 41 Attorney for Plaintiff Andrew J. Marley, Esq., Id. No.3 j } 1617 JFK Boulevard, Suite 1400CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST COMPANY Plaintiff, V. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 09-8671-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h xh'bit "A" dr J. Marley, E quire Attorney for Plaintiff o 14 L- Date: a` / D IMPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the Dlaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 223429 BRANCH BANKING & TRUST COMPANY Plaintiff 'o, V. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) KAREN SOLOMON AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING & TRUST COMPANY, 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 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515. Name and address of Owner(s) or reputed Owner(s): Name 2 3 GEORGE J. SOLOMON, JR SAME AS ABOVE Name and address of Defendant(s) in the judgment: Name COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8671-CIVIL CUMBERLAND COUNTY PHS # 223429 Address (if address cannot be reasonably ascertained, please so indicate) 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 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. 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) East Pennsboro Township 98 South Enola Drive C/o John Piertropaoli Enola, PA 17025 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. 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 TENANT/OCCUPANT TENANT/OCCUPANT 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; 1" Floor ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; 2nd Floor ENOLA, PA 17025-2515 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date: a By: P Ian Hallinan Schmieg P Andrew J. Marley, Id. No.312314 Attorney for Plaintiff p" O on a? O r R 0-6 ??ac G+r `OOC li b? td y 'b 3vw z Q 0 u o ?. pg r o ?2 o ? ?C T O A p y ? O y ? rJ' ti ?w eq 0 6 V ? y y u ? F 60 O dj p sy ? •. . i ?T .u C eO p v i a a y O N 0..7 0 C: 4n ur i M w d a ? ?a C o U ,? o ? ?, ° c ,o .a ct ? o ? e° w C ? o ? h? o W w W s C 70 d O .+ vi O 'L7 ' z y in Q? 4. Ld yVj aw .°.? N d -? .pi tA e ? ry,, 4. cw p,, p, C UW? °'" ;? ova b >da ?ba Vw? CC Uw4 CC z ws ? ? o a•? ?; oe .0 t? ^ e ?,... da d-?? cae 3 a oa as ?oa p ?s 0 8 zzo 6z i ?1 G 0 as C °' E VJV)'?N ZZo W Z zzo Z W z R z' o? N ?Z W pZ E NGW M CO Q.?U O ? UCaC1,v`3"+ rr.rCS. r7?7WNrTc p FN p C1i' Fa` N Z # 4 # is 4c M b w z ? .-? N en er V? ?p F g a? a W o V ? a p 0. U 61 aj d z Q u.? uu N U V9 L...11 O D 0. __ ..... ? . C G W7 9 u. u 8 N ? ? g^ Z I g I B X F£ F?nN? 16. N a ?' d z O w ? ? m O O O A ro ? "' Cy N v"?i a ? 8 N ? o z y f z N or N s b s° ? za p ?? O O z$ i a a ? V N N N N v a a. o a z N ri v h ?o n oo rn ° N 8 <T C14 N N Y {E k? a° a° ?Y cC M d8 c?oj t)a a o 4.) t y C ?bw z¢0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson " Sheriff°?4ti of ot,r,t rrfd? i?-i ra r r". i; Jody S Smith Chief Deputy ` ?E 1 '"y 16 All 11: ,., Richard W Stewart "UMBERL A, D CIOU NT'i' Solicitor P E N N S Y t_.Vty 4d 9 A Branch Banking & Trust Company Case Number vs. 2009-8671 George J. Solomon, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 01/05/2012 05:24 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 20 North Enola Drive, Enola, Cumberland County, PA 17025. 01/05/2012 05:24 PM - Deputy Michael Barrick, being duly sworn according to law, attempted service to the Defendant, to wit: George J. Solomon, Jr. at 20 North Enola Drive, East Pennsboro Township, Enola, PA 17025. The address was found to be vacant. Per the Enola Postmaster the defenant has moved to 101 N. 2nd Street, Newport, PA 17074. 01/05/2012 05:24 PM - Deputy Michael Barrick, being duly sworn according to law, attempted service to the Defendant, to wit: Karen Solomon at 20 North Enola Drive, East Pennsboro Township, Enola, PA 17025. The address was found to be vacant. Per the Enola Postmaster the defenant has moved to 101 N. 2nd Street, Newport, PA 17074. 01/30/2012 Affidavit of Service on George J. Solomon, Jr. filed in the Sheriffs Office 01/30/2012 Affidavit of Service on Karen Solomon filed in the Sheriffs Office 02/13/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/22/2012 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County Pennsylvania on March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Branch Banking & Trust Company at 301 College Street, 6th Floor, Greeneville, South Carolina 29601. Branch Banking & Trust Company, being the buyer in this execution, paid to the Sheriff the sum of $775.39. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. SHERIFF COST: $775.39 SO ANSWERS, March 22, 2012 RON R ANDERSON, SHERIFF of X 41', L' Co r x.00 J'a s , <0 P ` jj fit, q, Y3 r"* a-75-3V? tV ci :,cuntyS? ;te 3Yienft. Te11EX Soft. Inc. BRANCH BANKING & TRUST, COMPANY Plaintiff V. KAREN SOLOMON GEORGE J. SOLOMON, JR Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-8671-CIVIL CUMBERLAND COUNTY PHS # 223429 AFFIDAVIT PURSUANT TO RULE 3129.1 BRANCH BANKING & TRUST COMPANY, 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 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) KAREN SOLOMON 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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 TENANT/OCCUPANT TENANT/OCCUPANT Domestic Relations of Cumberland County 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; I" Floor ENOLA, PA 17025-2515 20 NORTH ENOLA DRIVE; 2"d Floor ENOLA, PA 17025-2515 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Date:, By. Phelan Ha Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff BRANCH BANKING & TRUST COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 09-8671-CIVIL KAREN SOLOMON GEORGE J. SOLOMON, JR : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KAREN SOLOMON GEORGE J. SOLOMON, JR 20 NORTH ENOLA DRIVE ENOLA, PA 17025-2515 **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 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $139,433.34 obtained by BRANCH BANKING & TRUST COMPANY (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 x1230. 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 Sheriff s 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 215-563-7000. 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 NO. 09-8671-CIVIL BRANCH BANKING & TRUST COMPANY VS. KAREN SOLOMON GEORGE J. SOLOMON, JR owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 Parcel No. 09-14-0832-330. (Acreage or street address) Improvements thereon: Duplex JUDGMENT AMOUNT: $139,433.34 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly describes as follows: BEGINNING at a point in the easterly line of North Enola Drive, formerly called Brick Church Road, at the distance of 355 feet measured southerly along the line of North Enola Drive from the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of North Enola Drive; and extending thence North 79 degrees 40 minutes East, 115 feet to a point; thence South 10 degrees 20 minutes East, 25 feet to a point; thence South 79 degrees 40 minutes West, 115 feet to a point in the easterly line of North Enola Drive; and thence along the easterly line of North Enola Drive, North 10 degrees 20 minutes West, 25 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN George J. Solomon, Jr. and Karen Solomon, h/w, by Deed from Ruth R. Kiner, single woman, dated 06/01/2000, recorded 06/06/2000 in Book 222, Page 937. PREMISES BEING: 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515 PARCEL NO. 09-14-0832-330. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-8671 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BRANCH BANKING & TRUST COMPANY. Plaintiff (s) From KAREN SOLOMON AND GEORGE J. SOLOMON, JR. (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: $139,433.34 L. L.: 4. S4 Interest from 3/01/2011 to Date of Sale ($22.92 per diem) - $8,549.16 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $218.50 Plaintiff Paid: Date: 12/1/2011 (Seal) REQUESTING PARTY: Other Costs: Name: ROBERT W. CUSICK, 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 f'Gl' l F? o se` i ny hand In 7estimerl>' whereof. i tie,e and the sea! of said Co at Carlisle, Fa. 20 This _.;---day Of prothonotary 0 lv? Supreme Court ID No. 80193 On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 20 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: 0j)CLQ-bA, Real Estate Coordinator ehe 13atriot-Xims Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Of Ad 01/27/12 02/03/12 02/10/12 Sheriff Sale 8671 4.34 $12.00 $ 52.08 Sheriff Sale 8671 4.34 $12.00 $ 52.08 Sheriff Sale 8671 4.34 $12.00 $ 52.08 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 161.24 JLC CUMBERLAND LAW JOURNAL Writ No. 2009-8671 Civil Term Branch Banking & Trust Company VS. Karen Solomon and George J. Solomon, Jr. Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-8671-CIVIL, BRANCH BANK- ING & TRUST COMPANY vs. KAREN SOLOMON, GEORGE J. SOLOMON, JR owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 20 NORTH ENOLA DRIVE, ENOLA, PA 17025-2515. Parcel No. 09-14-0832-330. Improvements thereon: Duplex. JUDGMENT AMOUNT: $139,- 433.34. 74 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: January 27, February 3, and February 10, 2012 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. ?L'sa Marie oyne, Ed' or SWORN TO AND SUBSCRIBED before me this 10 da of Februg 2012 -z? 4. - Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Branch Banking & Trust Company is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 8671, at the suit of Branch Banking & Trust Company against Karen Solomon and George J. Solomon Jr. is duly recorded as Instrument Number 201214339. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Y- day of A.D. 20(Z- Recorder of Deeds Reoooder MmIM es' - OangtCMMkM MrCpnab mL**r*ftdMw*d&a=4 ?1i0it ?YiKy? +`w ?rY. a'.aNL iN?4 ? .., V Y '?y.J::? _? .. w The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIF!-S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f Patr1*0t'*X(W5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commcr wealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn accord ng to !aw, deposes and says: That she is a Staff Accountant of The Patr;ot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 194`~ respectively, and all have been continuously published ever since; That the printed notice or publicatior which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly 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 statemenrl 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 behalt of I he 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: 01 /27/12 8671 Civil Term B nch Banking & Trust 02103/12 Company vs 02/10/12 Karen Solomon and George J. Solomon, Jr. Atty. Daniel Schmieg :.. a ....... By virtue of a Writ of Execution NO. 09-8671-CIVIL BRANCH BANKING & TRUST Sworn to and subscribed before me this 24 day of February, 2012 A D. COMPANY VS. KAREN SOLOMON GEORGE J. SOLOMON, JR owner(s) of property situate in the Notary P l ilsLYL1 TOWNSHIP OF EAST PENNSBORO, Notarial Seal Sherrie L. Owens Notary P,L,lk C berland County, Pennsylvania, being ( nicipality) , Lower Paxton Twp., Dauphin County 20 ORTH ENOLA DRIVE ENOLA PA I My Commission Expires Nov. 26, 2015 m , , 17925-2515 EMM-R, PENNSYLVANIA AssMrZON ;TE NnTAP jFc Pat el No. 09-14-0832-330. (A =ge or street address) X rov?s on: there D J l ?0 up e LW T' $13 9,433.34 RY Ur- THE PROTHONOTAI Phelan Hallinan,LLP 2 13 MAY 11 AM 101 41 Attorney For Plaintiff 1617 JFK Boulevard,Suite 14&IBERLAN© 'COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 BRANCH BANKING & TRUST COMPANY Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County KAREN SOLOMON GEORGE J.SOLOMON,JR No.09-8671-CIVIL Defendant PRAECIPE TO THE PROTHONOTARY: ❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ® Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. -t/t: Date: 4 PHEL LI LLP By: Jo Michael Kolesnik,Esq., Id.No.308877 Attorney for Plaintiff PHS#223429 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 21.5-563-7000 BRANCH BANKING &TRUST COMPANY Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County KAREN.SOLOMON No. 09-8671-CIVIL GEORGE J. SOLOMON,JR Defendant PHS#223429 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: KAREN SOLOMON GEORGE J. SOLOMON,JR 20 NORTH ENOLA DRIVE ENOLA,PA 1.70225-251.5 Date: /L' l Xy: AN, LLP nik,Esq., Id. No.308877 orney or Plaintiff 8