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Home My WebLink About09-8812r? i 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 219653 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. JUAN D. RIVERA CONSTANCE L. NAUGLE 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 Defendants File #: 219653 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q)- K02- ,,,,-1 CUMBERLAND COUNTY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 219653 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last: known address(es) of the Defendant(s) are: JUAN D. RIVERA CONSTANCE L. NAUGLE 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/02/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1981, Page 4286. By Assignment of Mortgage recorded 11/18/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200938711. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 219653 6. The following amounts are due on the mortgage: Principal Balance $335,596.63 Interest $18,620.28 02/01/2009 through 12/21/2009 (Per Diem $57.47) Attorney's Fees $1,300.00 Cumulative Late Charges $536.54 02/02/2007 to 12/21/2009 Property Inspections $9.00 Non Sufficient Funds Charge $60.00 Mortgage Insurance Premium / $223.34 Private Mortgage Insurance Cost of Suit and Title Search $$-50_00 Subtotal $356,895.79 Escrow Credit $0.00 Deficit $3,651.22 Subtotal $3,651.22 TOTAL $360,547.01 7 8. 9. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 219653 Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $360,547.01, together with interest from 12/21/2009 at the rate of $57.47 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., 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 ff] Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219653 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration, referred to below, as 'Winding Hills, A Planned Community,' located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. Sec. 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Winding Hills, A Planned Community ('Declaration'), dated July 26, 2005, recorded August 11, 2005, in Miscellaneous Book 719, Page 4220, and designated in the Declaration as Unit 56 (Unit Identifying Number), as described in Exhibit C of the Declaration and shown (and described) on Declaration Plats and Plans, dated July 11, 2005, recorded August 11, 2005, in the Office of the recorder of Deeds of Cumberland County, Pennsylvania, in Right- of-Way Plan Book 13, Page 112. CONTAINING 14,618 square feet. BEING PART OF THE SAME PREMISES which Glaize Developments, Incorporated, a Virginia corporation, successor by merger to Glaize-Pennsylvania Orchards, Inc., by its Deed, dated February 12, 2004, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 261, Page 3986, granted and conveyed unto Upper Allen Partners, L.P., and being part of the same premises which Upper Allen Partners, L.P., pursuant to Installment Sale Agreement, dated May 12, 2005, Memorandum of Installment Sale Agreement, dated May 12, 2005, recorded May 13, 2005, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 717, Page 2759, granted and conveyed equitable title unto Winding Hill Associates, LLC with respect to Lot 56; Upper Allen File #: 219653 Partners, L.P. (legal owner) and Winding Hill Associates, LLC (equitable owner), comprise Grantor herein. PROPERTY BEING; 2032 HARVEST DRIVE PARCEL# 42-10-0256-142 File #: 219653 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 unswom falsifications to authorities. ey for Plaintiff DATE: File #: 219653 IT is - 06 pd-aiy / e, Gn ei 49 / 139 ?Z--ft- ; 3 S '--/(J )- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy IL Lb". i`t ivi? THE )T; Y 2010 JAN 14 PI-1 2:21 Edward L Schorpp Solicitor Ci?iJfr +>l ?LitJ1 r 1NA C r IN LUr Suntrust Mortgage, Inc. vs. Juan D. Rivera Case Number 2009-8812 SHERIFF'S RETURN OF SERVICE 01/12/2010 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Constance L. Naugle, by making known unto Juan D. Rivera, Husband of defendant at 2032 Harvest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/12/2010 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Juan D. Naugle, by making known unto himself personally, at 2032 Harvest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 January 14, 2010 SO ANSWERS, R R ANDERSON, SHERIFF Deputy Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~,~~r~ti, ~~ ~~! ~riurt~{~~~4 ~. q~ _;..:.. .. r• ~~..,. i ~`i ~,I~~Y ~~~ ~I~lO~ 21 Edward L Schorpp Solicitor oF~ ~~ . T _:: f ~ ~~F~ ~.`~. . Suntrust Mortgage, Inc. vs. Juan D. Rivera (et al.) Case Number 2009-8812 SHERIFF'S RETURN OF SERVICE 04/06/2010 01:43 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1343 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Juan D. Rivera, located at, 2032 Harvest Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law 04/09/2010 08:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1343 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Juan D. Rivera, by making known unto, Juan D. Rivera, personally, at 2032 Harvest Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/09/2010 08:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1343 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Constance L. Naugle, by making known unto, Juan D. Rivera, husband of defendant, at 2032 Harvest Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/27/10 SHERIFF COST: $645.83 May 24, 2010 SO ANSWERS, -~-.~` RON R ANDERSON, SHERIFF :~.~!) ~~..CU+ ~~~ ~ ~ ~~~ (ei CouniySuile Shen`f. Te!a~su`t. Inc. Y SUNT'?RUST 1VrORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. N0.09-8812 CIVIL JUAN D. RIVERA CONSTANCE L. NAUGLE CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2032 HARVEST DRIVE, MECHANICSBURG, PA 17055-7036. 1. Name and address of Owner(s) or reputed Owner(s): Name JUAN D. RIVERA CONSTANCE L. NAUGLE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) 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. 5 PSECU Address (if address cannot be reasonably ascertained, please so indicate) ' 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 Address (if address cannot be reasonably ascertained, please so indicate) P.O. Box 67013 Harrisburg, PA 17106-7013 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 u"~ affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Wind Hills Owners Association Winding Hills Sales Center Winding Hills Civic Association 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4075 Market Street Camp Hill, PA 17011-4221 100 Mount Allen Drive Mechanicsburg, PA 17055-6171 518 East Winding Hill Road Mechanicsburg, PA 17055-4990 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 5, 2010 e~~~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 {~. SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL llIVISION JUAN D. RIVERA CONSTANCE L. NAUGLE vs. NO. 09-8812 CIVIL CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JUAN D. RIVERA CONSTANCE L. NAUGLE 2032 HARVEST DRIVE 2032 HARVEST DRIVE MECHANICSBURG, PA 17055-7036 MECHANICSBURG, PA 17055-7036 2 **THIS FIItM 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 2032 HARVEST DRIVE, MECHANICSBURG, PA 17055-7036 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle:, PA 17013 to enforce the court judgment of $363,880.27 obtained by SUNTRYJST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YO>rJ MAYBE 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. ` ~ i 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. . t '~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 N0.09-8812 CIVIL SUNTRUST MORTGAGE, INC. vs JUAN D. RIVERA CONSTANCE L. NAUGLE owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 2032 HARVEST DRIVE, MECHANICSBURG, PA 17055-7036 Parcel No. 42-10-0256-142 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $363,880.27 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration, referred to below, as 'Winding Hills, A Planned Community,' located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A. Sec. 5101 et seq., as amended, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Winding Hills, A Planned Community ('Declaration'), dated July 26, 2005, recorded August 11, 2005, in Miscellaneous Book 719, Page 4220, and designated in the Declaration as Unit 56 (Unit Identifying Number), as described in Exhibit C of the Declaration and shown (and described) on Declaration Plats and Plans, dated July 1 1, 2005, recorded August 11, 2005, in the Office of the recorder of Deeds of Cumberland County, Pennsylvania, in Right-of--Way Plan Book 13, Page 112. CONTAINING 14,618 square feet. TITLE TO SAID PREMISES IS VESTED IN Constance L. Naugle and Juan D. Rivera, single persons, as joint tenants with the right of survivorship, by Deed from Upper Allen Partners, L.P., a Pennsylvania limited partnership (Legal Owner) and Winding Hill Associates, LLC., a Pennsylvania limited Liability company, individually and collectively ,dated 01/11/2007, recorded 02/08/2007 in Book 278, Page 3648. PREMISES BEING: 2032 HARVEST DRIVE, MECHANICSBURG, PA 17055-7036 PARCEL N0.42-10-0256-142 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8812 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From JUAN D. RIVERA and CONSTANCE L. NAUGLE (I) 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 $363,880.27 L.L.$.50 Interest from 2/18/10 to Date of Sale ($59.82 per diem) -- $6,281.10 Atty's Comm Atty Paid $185.50 Plaintiff Paid Date: 3/10/10 Due Prothy $2.00 Other Costs ~~ David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 62695 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 2032 Harvest Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator ~,; ~~; 5 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-8812 Civil Suntrust Mortgage, Inc. vs. Juan D. Rivera Constance L. Naugle Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8812 CIVIL, SUNTRUST MORTGAGE, INC. vs. JUAN D. RI- VERA, CONSTANCE L. NAUGLE, owner(s) of property situate in UP- PERALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 2032 HARVEST DRIVE, MECHANICS- BURG, PA 17055-7036. Parcel No. 42-10-0256-142. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $363,880- .27. ~- 'sa Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIp A SE~_ DEBORAH A COILINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 the Patriot-N~ws Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c'~e~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2009.8812 Clvll Suntrust Mortgage, Inc Vs. Juan D. Rivera Constance L. Naugle Arty: Daniel G Schmleg By virtue of a Writ of Execution N0.09-8812 LIVD. SUI.ITRUST MORTGAGE, INC. vs. NAND. RPJERA CONSTANCE L. NAUGLE Owner(s) of property situate io UPPER ALLEN TOWNSIifP, Cumberland County,Pennsylvania, being (Municipality) 2032 gARVEST,~RIVE, MECHANICSBURG, PA 17055-7036 Parcel No. 42-10.0256.142 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING IUDGMENT AMOUNT: $363,880.27 ,-. COMMONWEALTH OF PENNSYLVANIA Notatiel Seal Sherrie L Klsner, Notary Public Lower Paxton T1vp., Dauphin County My Commission Expln~ Nov. 26, 2011 Member, Pennsylvania A~sociatlon of Notaries 04/16/10 04/23/10 04/30/10 Sworn to a~~ubscribed before me~hi~y$~ay of May, 2010 A.D. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs Court of Common Pleas I Civil Division CUMBERLAND County JUAN D. RIVERA CONSTANCE L. NAUGLE No. 09-8812 CIVIL ca Defendant 7 ~, PRAECIPE = ;~~ `'~ -~- TO THE PROTHONOTARY: `~`` ~ c,., ` ' ` ~'' E==~ -~ - . ~;.. ~~ - Please vacate the judgment(s) entered and mark the action discontinued and erid~l w~1o1x~~ ~ ~ r prejudice. ~,L ~ v~ ~ Date: ul 2010 PHELAN HA INAI~ & SCHMIEG, LLP By: Lawrence T. Ph sq., 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 J~heetal 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 PHS# 219653 Attorneys for Plaintiff