The URL can be used to link to this page

Home My WebLink About10-1099Phelan 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 L/Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. BONNIE S. PALADINO FRANK A. PALADINO 111 AUSTIN DRIVE ENOLA, PA 17025-2686 Defendants Ffi Fi_` = R'r 2010 FEB 16 AN 10: 33 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 1099 lit vi I Te M'I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 $ga.Do Pb ATrf 911.180 ? a 3'1sp? 229998 File #: 229998 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 #: 229998 I . 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: BONNIE S. PALADINO FRANK A. PALADINO 111 AUSTIN DRIVE ENOLA, PA 17025-2686 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/30/2007 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 INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1988, Page 1726. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2009 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 #: 229998 6 The following amounts are due on the mortgage: Principal Balance $157,219.47 Interest $7,196.00 06/01/2009 through 02/12/2010 (Per Diem $28.00) Attorney's Fees $650.00 Cumulative Late Charges $357.28 03/30/2007 to 02/12/2010 Property Inspections $9.00 Mortgage Insurance Premium / $121.13 Private Mortgage Insurance Costs of Suit and Title Search $550.00 Subtotal $166,102.88 Escrow Credit $0.00 Deficit $858.86 Subtotal 858.86 TOTAL $166,961.74 7 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 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 File #: 229998 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $166,961.74, together with interest from 02/12/2010 at the rate of $28.00 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File # 229998 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way line of Austin Drive, at the easternmost corner of Lot No. 205 on the hereinafter described Preliminary/Final Resubdivision Plan, THENCE along the eastern line of said Lot No. 205 North 14 degrees, 48 minutes, 43 seconds West a distance of 93.98 feet to a point on the southern dedicated right-of-way line of Tory Circle; THENCE along the southern dedicated right-of-way line of Tory Circle by a curve to the left having a radius of 724.05 feet, an arc length of 24.84 feet to a point; THENCE along the northern dedicated right-of-way line of Tory Circle North 73 degrees 13 minutes 20 seconds East a distance of 111.26 feet to a point; THENCE continuing along the same by a curve to the right having a radius of 25.00 feet, an arc length of 2.29 feet to a point at the northernmost corner of Lot No. 203 on the hereinafter described Preliminary/Final Resubdivision Plan; THENCE along the western line of said Lot No. 203, South 24 degrees 03 minutes 04 seconds West a distance of 132.65 feet to a point on the northern legal right-of-way line of Austin Drive; THENCE along the northern legal right-of-way line of Austin Drive by a curve to the left having a radius of 50.00 feet, an are length of 58.62 feet to a point at the easternmost corner of Lot No. 205 on the hereinafter described Preliminary/Final Resubdivision Plan, the point and place of BEGINNING. File #: 229998 BEING Lot No. 204, Preliminary/Final Resubdivision Plan for Lot # 147 of Laurel Hills North, dated June 21, 1999, revised July 2, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 79, Page 96. BEING improved with a single family residence known as 111 Austin Drive. PROPERTY ADDRESS: 111 AUSTIN DRIVE, ENOLA, PA 17025 PARCEL NO. 09-15-1288-348 File #: 229998 VERIFICATION 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. orney for Plaintiff DATE: I File #: 229998 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~t~1u of ~utpGr~~r~0 a~~ °~ ;i. -~~1` F4L~C;-~~~=~ ;:;r:: (~r T!-IE , .. r ; 9 , , ._, 1, , 210 FEB 2G ~~ ~~ 33 Edward L Schorpp Solicitor Suntrust Mortgage, Inc. vs. Bonnie S. Paladino ~arF~~= cF r~G :~tr~~~r ~it ~f ~`' "`ate;. r;~-, ~~~ r. Case Number 2010-1099 SHERIFF'S RETURN OF SERVICE 02/18/2010 12:40 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2010 at 1240 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bonnie S. Paladino by making known unto Genevieve Paladino, Mother in Law of defendant at 111 Austin Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and a1 the same time handing to her personally the said true and correct copy of the same. 02/18/2010 12:40 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2010 at 1240 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Frank A. Paladino by making known unto Genevieve Paladino, Mother of defendant at 111 Austin Drive, Enola, 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: $57.50 February 19, 2010 SO ANSWERS, ~~ NY R ANDERSON, SHERIFF gY ' Deputy Shsriff .c GounrySuite Sheri`f, l'eleosuft. In;;. FlLE~~=r~~',E ''~F ~'-iE PF~~T~-',n~l~Tl1~?Y 2010 ~-~ -9 ~i~ i0~ 4 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 ~I,auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. vs. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1099 CIVIL TERM BONNIE S. PALADINO CUMBERLAND COUNTY FRANK A. PALADINO Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 229998 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. ~llinan &Schmieg, LLP for Plaintiff _ - b Lawrence T. Phelan, Esq.,.Jsi~o. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judi T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 enine 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 Date: 3-5-10 PHS #: 229998 .. fir. VERIFICATION hereby states that he/she is Vice President of SUNTRUST MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. 'T'he undersigned understands that this Ann@tte Holman-Forem~ statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Ann@tt@ HO~fi18n-FOf~@PrlffiI FEg 17 2010 DATE: Title: V~C@ {fir@S~d@frt Company: SUNTRUST MORTGAGE CORPORATION File #: 229998 Paladino Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs. BONNIE S. PALADINO FRANK A. PALADINO Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1099 CIVIL TERM 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: BONNIE S. PALADINO 111 AUSTIN DRIVE ENOLA, PA 17025-2686 PHS #: 229998 FRANK A. PALADINO 111 AUSTIN DRIVE ENOLA, PA l 7025-2686 Y (elan all~nan &Schmieg, LLP At or Plaintiff Date: 3-5- (-`)'Lawrence T. Phelan, Esq., Id.~,~2227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 PHS #: 229998 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1099 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From BONNIE S. PALADINO and FRANK A. PALADINO (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 $168,053.74 L.L. $.50 Interest from 3/24/10 to Date of Sale ($27.63 per diem) -- $4,669.47 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Plaintiff Paid Date: 3/ 9/10 Other Costs David D. Buell, Prothonotary (SP,3i) REQUESTi~1G PARTY: Nance: FRANCIS S. HALLINAN, ESQUIRE By: Address: YHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: 2l 5-563-7000 Supreme Court ID No. 62695 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS v BONNIE S. PALADINO FRANK A. PALADINO Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/24/2010 to Date of Sale ($27.63 per diem) TOTAL O ~a~t. op Pp A~'1-1 57.50 CBF- 9a.oo ~~ 1'}.00 ~~ d.5p ~, '~ I Q 0.00 - pp prrY CIVIL DIVISION NO. 10-1099 CIVIL TERM CUMBERLAND COUNTY $168,053.74 c r. =? ~~ $4,669.47 -:,~ =`'`T =' ~ ~_ ~ ~ .~ ''~`~ ~'r ,, ` _ ~ ':,:J ~: s crl ~ .-. r- - -r ~; $172,723.21 :~,~= cv ~~' ~7 ~ .~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ~ancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., 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 Note: Please attach description of property. PHS # 229998 ~a.oo ~~ • so u.. ~~ga87to 0 Q~ a~i (n3~ -d ° ° ° >, ~ ~~77 o`OO ~i ~ O o`Oo ~ N ¢+ ~ Q ~>~-yy N r (~ Q ~,~-yy N ~' Cl. i O r.a L Q, Q ~ F4 O ""~ Q ~ Q ~ ~a ~a 3 W ~¢~ ¢ ~¢a ..d Q ,.,_, O ~~w QQ O w~W w ~~ O ~ ~ F~ ~a Z a V oa ~ ~ ~ w H ~ W O 0 H O ~ ~ H 3 o OU a A A ^ d~v ~~ o ~~ a ~' ~~b x ° U ~4 W Ha ~ °' ~xQ w ~ ~~ ~~ U ~ ~ > ~ w a s. u cam, O w a~ 00 0 0 N ~ ~ O ~ O~ M N V') h OHO ~ .., M '~ ~ ~ ~ 00 N ~° N ~ ~ pip l~ t~ M ~ ~ .--. ° O O N M~~ C~ p m N l~ 00 ~ Z O N O A. ° o ozv'Zo~ornN~~ o o'~° o oz azZZbz.ti o o °~ ozz v;ZZb ~"~ ~ ',moo ti •. ,d .-^ z z z ,o z b .b W .ti b .. ~ ^ G, ~6'Q'W ~° ~bbbZob °~6'o a~a'W ~ W W W -d W W o., a. N" b °" W ~1 id W W a~~i w v~ ~ ~ ~ c~ o „ W W W " W v vi w ~ ~ .n ~c ~~aa~.~~~~~.~~'~Yo as '~Hxv~ °~ H ~ ~ ~ ~ a a ~ ~ (~ O > ~ a ~ ~ C7 ~j Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Flt i-:~° ~Y,.:=; One Penn Center Plaza '~`' ~~~''' L`~'';~,~?`-~':.'~'°'OTARY Philadelphia, PA 19103 215-563-7000 Z~ I ~ ~~~ 29 ~+`~ 2' ~ 7 SUNTRUST MORTGAGE, INC. PL ~~E ,,`~,`~~~, i,~ Plaintiff v. BONNIE S. PALADINO FRANK A. PALADINO Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1099 CIVIL TERM 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: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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:~%~~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ L rence 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. Plaintiff w. r BONNIE S. PALADINO FRANK A. PALADINO Defendant(s) 2~i~ ~i~~ 29 ~'~ 2~ L7 ~.lvi i . CUr~~ R... '~ '' "~ COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1099 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff' in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 111 AUSTIN DRIVE, ENOLA, PA 17025-2686. 1 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): Name BONNIE S. PALADINO FRANK A. PALADINO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 111 AUSTIN DRNE ENOLA, PA 17025-2686 111 AUSTIN DRIVE ENOLA, PA 17025-2686 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. 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 r reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 111 AUSTIN DRIVE ENOLA, PA 17025-2686 13 North Hanover Street Carlisle, PA 17013 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 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Laurel Hills North, Inc. Laurel Hills North, Inc. 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13'~ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 1540 Yorkshire Place Enola, PA 17025-2744 220 Tory Circle Enola, PA 17025-2689 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 25, 2010 _l~ Bv: Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. 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 CUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. BONNIE S. PALADINO FRANK A. PALADINO NO. 10-1099 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BONNIE S. PALADINO FRANK A. PALADINO 111 AUSTIN DRIVE 111 AUSTIN DRIVE ENOLA, PA 17025-2686 ENOLA, PA 17025-2686 * *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 111 AUSTIN DRIVE, ENOLA, PA 17025-2686 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $168,053.74 obtained by SUNTRUST MO~I'G~E,~TC. (the mortgagee) against you. In the event the sale is continued, an announcement will be mac~,~ sai~~fiale..`uit 4"' compliance with Pa.R.C.P. Rule 3129.3. ~~-~ `'` ~ ,7. (~~ -j; ~, 'v'3:.; to i;7 ,L_ NOTICE OF OWNER'S RIGHTS ~~ 4.: - , ~. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ~' r.- na ~'~` "4 R. ~ -~C 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. 3r The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1099 CIVIL TERM SUNTRUST MORTGAGE, INC. vs. BONNIE S. PALADINO FRANK A. PALADINO owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 111 AUSTIN DRIVE, ENOLA, PA 17025-2686 Parcel No. 09-15-1288-348 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $168,053.74 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of--way line of Austin Drive, at the easternmost corner of Lot No. 205 on the hereinafter described Preliminary/Final Resubdivision Plan, THENCE along the eastern line of said Lot No. 205 North 14 degrees, 48 minutes, 43 seconds West a distance of 93.98 feet to a point on the southern dedicated right-of--way line of Tory Circle; THENCE along the southern dedicated right-of--way line of Tory Circle by a curve to the left having a radius of 724.05 feet, an arc length of 24.84 feet to a point; THENCE along the northern dedicated right-of--way line of Tory Circle North 73 degrees 13 minutes 20 seconds East a distance of 111.26 feet to a point; THENCE continuing along the same by a curve to the right having a radius of 25.00 feet, an arc length of 2.29 feet to a point at the northernmost corner of Lot No. 203 on the hereinafter described Preliminary/Final Resubdivision Plan; THENCE along the western line of said Lot No. 203, South 24 degrees 03 minutes 04 seconds West a distance of 132.65 feet to a point on the northern legal right-of--way line of Austin Drive; THENCE along the northern legal right-of--way line of Austin Drive by a curve to the left having a radius of 50.00 feet, an arc length of 58.62 feet to a point at the easternmost corner of Lot No. 205 on the hereinafter described Preliminary/Final Resubdivision Plan, the point and place of BEGINNING. BEING Lot No. 204, Preliminary/Final Resubdivision Plan for Lot # 147 of Laurel Hills North, dated June 21, 1999, revised July 2, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 79, Page 96. Containing 9,224.00 square feet, more or less. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Preliminary/ Final Resubdivion Plan for Lot #147 of Laurel Hills North, Tory Circle, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 30, 1999, and recorded in the Office of the Recorder of Deed of Cumberland County, in Miscellaneous Book 628, Page 198, and under and subject to one-half of a 25 foot drainage easement across the eastern portion of the premises as shown on the above referenced Preliminary/ Final Resubdivision Plan. BEING the same premises which Laurel Hills Development Corp., a Pennsylvania corporation, by Deed dated September 14, 2001 and recorded September 14, 2001 in the Office of the Recorder of Deed in and for Cumberland County, in Record Book 248, Page 1923 granted and conveyed unto Maynard L. Sheaffer. TITLE TO SAID PREMISES IS VESTED IN Frank A. Paladino and Bonnie S. Paladino, h/w, by Deed from Cindy E. Sheaffer, as executrix of the estate of Maynard L. Sheaffer, dated 03/30/2007, recorded 04/12/2007 in Book 279, Page 2749. PREMISES BEING: 111 AUSTIN DRIVE, ENOLA, PA 17025-2686 PARCEL N0.09-15-1288-348 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff vs BONNIE S. PALADINO FRANK A. PALADINO Defendant Court of Common Pleas ~. 0 • ~ cn Civil Division ''~ -o i CUMBERLAND County c ci No. 10-1099 CIVIL TER :. w TO THE PROTHONOTARY: PRAECIPE ~ , ., ,:5 , -c Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: August 31, 2010 PHE N HALLINIIAN & 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 PHS# 229998 Attorneys for Plaintiff #g.oo Pp A~^1 c"~ 49-835/ ~~au7s'9lP :: N • : ~ ~;~;3T~PlY ~o s~F - i aM to= 2~ p~~y~~ GREG H. FENNELL, Plaintiff v. JANET FENNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1110 CIVIL CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 16, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. n Date: `~ , 2010 Jane~JFennell, Defendant