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HomeMy WebLinkAbout10-2809Phelan 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 1. Romano. I;sq., Id. No. 58745 ?he??tal K. Shah-Jani. Isq.. Id. No. 81760 Janine R. Davey, I:sq., 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 d Andrew C. Bramblett, Esq., Id, No. 208375 161-7.IEK Boulevard, Suite 1400 Onc Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff DANIEL .I. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 Defendants nLEL-?rR-77 T H;:_ ._....:ARY I I, 2010 API, 27 AM 11: 17 l);Ty ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - x809 am t lean CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE i 11c» -' 1-719 217386 ?? as td? ? 9 y/1-s-1 2 H aq J us lb 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 Sl 10t 11.I) TAKI" 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 #: 217386 J 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICE-IMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 04/07/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ACTING SOLEY AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200811193. By Assignment of Mortgage recorded 10/28/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200936604. 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. 1 he 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 10/01/2008 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 i IL:4 217380 A by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: 6. Principal Balance Interest 09/01/2008 through 04/09/2010 (Per Diem $28.69) Attorney's Fees Cumulative Late Charges 04/07/2008 to 04/09/2010 Property Inspections/Property Preservations Costs of Suit and Title Search Escrow Deficit TOTAL $164,284.15 $16,811.99 $650.00 $617.28 $9.00 $550.00 $3,415.70 $186,338.12 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 8. 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. File #: 217386 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $18(,.338.1 ?, together with interest from 04/09/2010 at the rate of $28.69 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: ? ? 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 U burtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff l ilk: g 2 17386 LEGAL DESCRIPTION All THAT CERTAIN tract and messuage of land situated in the Township of Hampden, in the County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit: BEGINNING at a point on the Western right of way line of Jerusalem Road at the North East intersection of a proposed 50 feet wide street, thence along said proposed street South 44 degrees 42 minutes West, a distance of 67.60 feet to a point, Thence by the same by a curve to the right having a radius of 275.0 feet, an arc distance of 78.23 feet to a point, thence by the same South 61 degrees 00 minute West a distance of 6.03 feet to a point at other lands of James E. Grandon, Thence by the same North 29 degrees 00 minute West a distance of 150.0 feet to a point at lands now or formerly of Horner. Thence by the same North 61 degrees 00 minute East, a distance of 58.0 feet to a point at Lot #lA, Block A, thence by the same South 29 degrees 00 minute East a distance of 15.0 feet to a point. Thence by the same North 61 degrees 00 minute East a distance of 59.38 feet to a point on the Western right of way line of Jerusalem Road, thence by the same, South 45 degrees 18 minutes East a distance of 109.37 feet to a point, the place of BEGINNING. BEING Lot #1, Block A, plan #1, of Creekview. HAVING THEREON ERECTED an Aluminum Ranch type home. PARCEL NO: 10-16-1060-022 PREMISES: 1365 JERUSALEM ROAD File #: 217386 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 N. 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. Scc -f90-f relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: A0 File #: 217386 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~4~,,,, ~t ~.uit,;j~p~.~ +t~; ILA !~ 10,0 NAY 18 AM 9~ 37 Edward L Schorpp Solicitor _ F e 4 ~ ,, r ,ry i .. Suntrust Mortgage, Inc. vs. Case Number Daniel J. Pajski (et al.) 2010-2809 SHERIFF'S RETURN OF SERVICE 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel J. Pajski, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel J. Pajski, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Daniel J. Pajski, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randy L. Shultz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randy L. Shultz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 04/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randy L. Shultz, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Daniel J. Pajski, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Daniel J. Pajski. Request for service at 1365 Jerusalem Road, Mechanicsburg, PA 17050 is vacant. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Randy L. Shultz, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Randy L. Shultz. Request for service at 1365 Jerusalem Road, Mechanicsburg, PA 17050 is vacant. The Mechanicsburg Postmaster is still delivering Robert L. Shultz's mail to 1365 Jerusalem Road, Mechanicsburg, PA 17050. 05/06/2010 Dauphin County Return: And now, May 6, 2010 at 1027 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Randy L. Shultz the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Randy L. Shultz currently resides at 2200 Vine Street, Middletown, PA 17057. fci Cnu;n'ySuite S~er.'i. Teiees~;`t. Ir.,;. 05/06/2010 Dauphin County Return: And now May 6, 2010 at 1027 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Randy L. Shultz by making known unto himself personally, at 2200 Vine Street, Middletown, PA 17057 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/06/2010 Dauphin County Return: And now, May 6, 2010 at 1027 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Daniel J. Pajski the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Daniel J. Pajski currently resides at 2200 Vine Street, Middletown, PA 17057. 05/06/2010 Dauphin County Return: And now May 6, 2010 at 1027 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel J. Pajski by making known unto Randy Shultz, adult in charge at 2200 Vine Street, Middletown, PA 17057 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/13/2010 Lebanon County Return: And now, May 13, 2010 I, Michael J. Deleo, Sheriff of Lebanon County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Daniel J. Pajski the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Lebanon and therefore return same NOT FOUND. Daniel J. Pajski currently resides at 2200 Vine Street, P.O. BOX 323, Middletown, PA 17057. 05/13/2010 Lebanon County Return: And now, May 13, 2010 I, Michael J. Deleo, Sheriff of Lebanon County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Randy L. Schultz the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Lebanon and therefore return same NOT FOUND. Randy L. Schultz currently resides at 2200 Vine Street, P.O. BOX 323, Middletown, PA 17057. SHERIFF COST: $177.00 May 17, 2010 SO ANSWERS, "~`~-- RON .R ANDERSON, SHERIFF ~r.~ Counb,•Suite Jhen!1, ie'aosu?'t. hu;. COMPLAINT IN MORTGAGE FORECLOSURE No. 10-2809 Return To Cumberland County Suntrust Mortgage, Inc. vs. Phelan, Hallman & Schmieg, LLP Andrew C. Bramblett, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Daniel J. Pajski Randy L. Shultz STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Docket Page 31919 David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that after due and diligent search by him having been made in his bailiwick, and after having exhausted all known facets to locate DEFENDANTS, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find DANIEL J. PAJSKI AND RANDY L. SHULTZ, the within named DEFENDANTS, and he therefore returns "NOT FOUND," as to the said DANIEL J. PAJSKI AND RANDY L. SHULTZ. Note: The Defendant's have a new address of 2200 Vine Street, P.O. Box 323, Middletown, PA 17057. Sworn to and subscribed before me SO ANSWERS, This 13th day of May, 2010 ~ ~(,plotary Public ~G%~~t' ~ ~ " -~~~-~ttJ Is ~ DEPUTY SHERIFF ~Yi' ~ ~• ~ sL~-- NOTARIAL SEAL IS Debra Ann Johnson, Notary Public Lebanon C'ty, Lebanon County SHERIFF ~9}~ Commission .Exf~ires Nov. 20, 2011 SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 05/05/10 Check No. 941241 Amount $ 135.00 Costs Incurred: Amount Of Refund: Amount Check No.~,~~~~pmount $ $ 67.00 68.00 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 Mary Jane Snyder Real Estate Depu Charles E. Sheaffer Chief Deputy William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SUNTRUST MORTGAGE INC. VS DANIEL J PAJSKI Sheriff s Return No. 2010-T-1205 OTHER COUNTY NO. 102809 And now: MAY 6, 2010 at 10:27:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon RANDY L SHULTZ by personally handing to RANDY L SHULTZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2200 VINE STREET MIDDLETOWN PA 17057 DEFENDANT DOES NOT LIVE AT 1215 N 2ND STREET APT 3, HBG PA 17102. DEFENDANT NOW RESIDES AT 2200 VINE ST, MIDDLETOWN PA 171057 Sworn and subscribed to So Answers, before me this 7TH day of May, 2010 ~~,~~~ ', ~.~ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex Tres Sett 1, 2010 Sheriff of auphin Coun Pa. By De ut Sheriff P Y Deputy: S SCHAEFFER Sheriff s Costs: $60.5 5/3/2010 Mary Jane Snyder Real Estate Depu William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin SUNTRUST MORTGAGE INC. VS DANIEL J PAJSKI Sheriff s Return No. 2010-T-1205 OTHER COUNTY NO. 102809 And now: MAY 6, 2010 at 10:27:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DANIEL J PAJSKI by personally handing to RANDY SHULTZ 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2200 VINE STREET MIDDLETOWN PA 17057 ROOMMATE OF DEFENDANT DEFENDANT DOES NOT LIVE AT 1215 N 2ND STREET APT 3, HBG PA 17102. DEFENDANT NOW RESIDES AT 2200 VINE ST, MIDDLETOWN PA 171057 Sworn and subscribed to before me this 7TH day of May, 2010 ~~c/ t (, NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Ex Tres Se i 1, 2010 So Answers, ~~°~~~ Sheriff of uphin County, Pa. B ~ ~ /~ Y Deputy Sheriff Deputy: S SCHAEFFER Sheriff s Costs: $60.5 5/3/2010 SHERIFF'S RETURN OF SERVICE DAUPHIN COUNTY Plaintiff(s) CIVIL ACTION NUMBER SUNTRUST MORTGAGE, INC. SHERIFF'S NUMBER Defendant(s) DANIEL J. PAJSKI COST MILEAGE RANDY L. SHULTZ DISTRICT Serve At RANDY L. SHULTZ Summons xx Complaint PO BOX 323 Other HIIMMr'?_~STOwN, PA 17036-0323 TYPE OF ACTION Special Instructions Mortgage Foreclosure TO BE COMPLETED BY SHERIFF Served and made known to Defendant, on the day of , 20 at o'clock, .m., at County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's resi dence who refused to give name or relationship. Manager/Clerk of place of lodging i n which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other.: SHERIFF BY~ Deputy Sheriff On the day of 20 at o'clock, .m., Defendant not found because: Moved Unknown No Answer Vacant Other SHERIFF BY~ Deputy Sheriff DEPUTIZED SERVICE Now, this day of 20 I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF BY'____------_-----__._-- - Deputy Sheriff - ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY Lawrence T. Phelan Esa. Id. No. 32227 Francis S. Hallinan, Esa. Id. No. 62695 ATTEST Daniel G. Schmiea. Esa-. TH Nn G~~n~ micnele M. BraciLOrd Esq. Id. No. 69849 Judith T. Romano, Esq. Id. D7o. 58745 PYO Prothy Sheetal R. Shah-Jani Esq. Id. No 81760 Jenine R. Davey, Esq. Id. No. 87077 Lauren R. Tabas, Esa. Id. No. 93337 Vivek Srivastava, Esq. Id. No. Date 202331 Jay B. Jones, Esq. Id. No. 866 57 Peter J. Mulcahy, Esq. Id. No. 61791 Andrew L. Spivack, Esq. Id . No . 84439 Jaime McGuinness, Esq., Id. No. 90134 - ~.~iscr,~alar.ic' °. F~i3kos, ~ - ac~., - - T,d, No. 94620 a Co:d~nar, Iss~., ]d . No . 20504? ~.. ~.. ~ i''~bii~'_L, Faq. , ;d No. 70£3375 !5"' JPh 3ot,le~ard, Suite 1400 One Perm Center Plaza - -- - - Philadelphia, PA 19103 h'i .e q ~' 1-1386 SHERIFF'S RETURN OF SERVICE DAUPHIN COUNTY Plaintiff(s) SiINTRUST :`MORTGAGE, INC. Defendant(s) DANIEL J. PAJSKI RANDY L. SHULTZ Serve At RANDY L. SHULTZ 1215 N 2ND ST, APT 3 HARRISBURG, PA 17102-2711 Special Instructions TO BE COMPLETED BY SHERIFF TYPE OF ACTION Mortgage Foreclosure Served and made known to Defendant, on the day of _ 20 ----- ----- ---' at _ o'clock, . m. , at _ County of ___ Commonwealth of Pennsylvania, in the manner. described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other: SHERIFF BY~ Deputy Sheriff On the day of not found because: Moved Unknown No Answer SHERIFF By: CIVIL ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT Summons xx Complaint Other 20 _, at o'clock, .m., Defendant _ Vacant Other DEPUTIZED SERVICE Now, this day of 20 Pennsylvania do hereby deputize the Sheriff of make return thereof and according to law. I, Sheriff of County, County to serve this Complaint and SHERIFF BY~ Deputy Sheriff ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY Lawrence T. Phelan, Esq. Id. No. 32227 Francis S. Hallinan, Esq. Id. No. 62695 ATTEST Daniel G. Schmieg, Esq. Id. No. 62205 Michele M. Bradford, Esq. Id. No. 69849 Judith T. Romano, Es Id. No. 58745 _ - - - ~ = pro Prothy - --- - - ~~r ; ~ ~.,c c Ca 1 R . Shah-Jana Esq Id_ No. 81760 ~c~ ." ;)a~ P;cc~ id. No. 870~~ i ~ ':'a ~3 ;, E; c~. ?d. No. 93337 - Date .~ ~~ -a~ ~ ~a, I q._ Id. No. 207.331 __ .. - - - ;a~i r:es I'd--, Ici_._No. 86657 Peter J. Mulcahy, Esq., Id. NO. 61791 Andrew L. Spivack, Esq. Id. No. 84439 Jaime McGuinness, Esa.. Id. No. 90134 F ett PA 1 . No. 05041 7 Deputy Sheriff File #: 217386 Plaintiff(s) SUNTRUST MORTGAGE, INC. Defendant (s) DANIEL J. PAJSKI RANDY L. SHULTZ Serve At ,... ?? ; J . P .? S [~ T ~.=:5 NORTH 2ND STREET, APARTMENT 3 HARRISBURG, PA 17102-2711 Special Instructions TO BE COMPLETED BY SHERIFF CIVIL ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT Summons xx Complaint Other TYPE OF ACTION Mortgage Foreclosure Served and made known to Defendant, on the day of , 20 at o'clock, .m., at County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendants residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other: - ___ SHERIFF BY~ Deputy Sheriff On the day of not found because: Moved Unknown No Answer SHERIFF By: SHERIFF'S RETURN OF SERVICE DAUPHIN COUNTY 20 _, at o'clock, .m., Defendant Vacant Other DEPUTIZED SERVICE Now, this _ da of _ 20 _ ~~.~~:,~;~~van'r~ ~~o he-~reby deputize the Sheriff of ___ .a..~ .. ~.,..: n tl~e1 eof and according to law. I, Sheriff of County, County to serve this Complaint and SHERIFF BY~ Deputy Sheriff ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY Lawrence T. Phelan, Esq., Id. No. 32227 Francis e M No. 69849 745 . 81760 Lauren x. rams, r:sq. Ia. No. 93337 _Vivek Srivastava, Esq. Id. No. 202331 J~ B._ Jones, Esq., Id. No. 86657 Peter J. Mulca~,_ESq•, Id. No. 61791 -- ----- - Andrew L. Sprvack, F.s~., Id. No. 64439 ------ Jaime Mc~Cwnness, Esq_ Id. No_. 90134 F'.so 3_an'e V. Fliakos, E, Id. No. 94620 q , cst.u~ ;;o dman, N_SC~._ Id. No 205047 -- - -- Courtena}~ R. Dunn, Esd., Id. No. 206779 - --- ---- Andrew C. Bramblett, Esq., ld. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ATTEST Deputy Sheriff Pro Prothy Date File #: 217386 Plaintiff(s) SUNTRUST MORTGAGE, INC. Defendant(s) DANIEL J. PAJSKI RANDY L. SHULTZ Serve At DANIEL J. PAJSKI P.O. BOX 323 HUMMELSTOWN, PA 17036 Special Instructions SHERIFF'S RETURN OF SERVICE DAUPHIN COUNTY TO BE COMPLETED BY SHERIFF CIVIL ACTION NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRICT Summons xx Complaint Other TYPE OF ACTION Mortgage Foreclosure Served and made known to _ _ _ _ _ Defendant, on the day of -. _ ___ 20 at o'clock, .m., at - - County of Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. Other: SHERIFF By: Can the day of not found because: Moved Unknown __ __ Deputy Sheriff 20 at o'clock, .m., Defendant No Answer Vacant Other SHERIFF BY~ Deputy Sheriff DEPUTIZED SERVICE Now, this day of 20 I, Sheriff of County, Pennsylvania do hereby deputize the Sheriff of County to serve this Complaint and make return thereof and according to law. SHERIFF BY ~ ___ ___ _ Deputy Sheri f f ATTORNEY FOR PLAINTIFF: TO BE COMPLETED BY PROTHONOTARY a~ P!ic.a E,y. fd, 'v'o 32"1.2'7 ~ a .: . ;::ar T~'sq , id, No 62695 ... ATTEST .1ac:c~. ^,. S<'hmie>y., E;sg._, ]d. No. 62205 Mrciie;e M. Bradford, Esq., Zd. No. 69849 - -- ---- Judith T. Romano, Esq., Id. No. 58745 Pro Prothy Sheetal R. Shah-Jani Esq. Id No 81760 Jenine R. Davey, Esc., Id. No. 87077 Lauren R. Tabas, EscT. Id. No. 93337 Vivek Srivastava Esq. Id. No. 202331 Date Jay B. Jones, Esq. Id. No. 86657 Peter J. Mulcahy, EscT. Id. No. 61791 Andrew L. S ivack Esq., Id. No. 84439 ness, Esq., Id. No. 90134 e P. Fliakos, Esq., Id. No. 94620 ~.~ui ~cuay x, Lllnn ESQ. 1C1. NO 206779 Andrew C. Bramblett, Esq., Id. No. 208375 161. % JFK Boulevard, Sui_t_e_1400 nnc-- Penn. Center Plaza _ . __. ile H- 2]?386 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 .ilGiichele 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 n ~ : _ Peter J. Mulcahy, Esq., Id. No. 61791 _ _ =_ _ ~' ~' Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ~ -- ~"r--Y ,~ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ~ ~ , '~' ' `~' Joshua I. Goldman, Esq., Id. No. 205047 ~- ~ _: ~;~' ~ Courtenay R. Dunn, Esq., Id. No. 206779 - _~ nos __, Andrew C. Bramblett, Esq., Id. No. 208375 '; .~- `:7 1617 JFK Boulevard, Suite 1400 `" ~` One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. vs. DANIEL J. PAJSKI RANDY L. SHULTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2809 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DANIEL J. PAJSKI, and RANDY L. SHULTZ, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ~ I~.oo PQ Arn ~# ge3aa5 2'~ ~~! 39a/ As set forth in Complaint $186,338.12 Interest - 04/10/2010 to 06/16/2010 $1,950.92 TOTAL $188,289.04 I hereby certify that (1) the Defendant's last known address is 2200 VINE STREET, MIDDLETOWN, PA 17057, and mortgaged premises located at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321, and (2) that noti een given in accordance with Rule 237.1, copy. attached. La ence T. P 1 Esquire F cis S. Hallinan, Esquire aniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _~,~17~/p PHS # 217386 ~T~ PROTHONO ARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. vs. DANIEL J. PAJSKI RANDY L. SHULTZ Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2809 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DANIEL J. PAJSKI is over 18 years of age and last known address is 2200 VINE STREET, MIDDLETOWN, PA 17057, and mortgaged premises located at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321. (c) that defendant RANDY L. SHULTZ is over 18 years of age and last known address is 2200 VINE STREET, MIDDLETOWN, PA 17057, and mortgaged premises located at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ n ., ~ U Lawrence T. Phelan, Esq., Id. No. 32227 ^ F cis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised SUNTRUST MORTGAGE, INC. vs. DANIEL J. PAJSKI RANDY L. SHULTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2809 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on (0 17 la If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Fran is S. Hallinan, Esq., Id. No. 62695 ^ iel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** SUNTRUST MORTGAGE, INC. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-2809 CNIL TERM DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) TO: RANDY L. SHULTZ 2200 VINE STREET MIDDLETOWN, PA 17057 DATE OF NOTICE: May 27, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NQT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ~ YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 217386 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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 ~8fieetal R. Shah-Jani, Esq., Id. No. $1760 / Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 217386 SUNTRUST MORTGAGE, INC. v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. 10-2809 CNII, TERM DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) TO: DANIEL J. PAJSKI 2200 VINE STREET MIDDLETOWN, PA 17057 DATE OF NOTICE: May 27, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESFONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 217386 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSQCIATIQN CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., . 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 ~eetal 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA 19103 PHS # 217386 SUNTRUST MORTGAGE, INC. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. ] 0-2809 CIVIL TERM DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) TO: RANDY L. SHULTZ 1365 JERUSALEM RQAD MECHANICSBURG, PA 17050-8321 DATE OF NOTICE: May 27, 2Q10 CUMBERLAND COUNTY TH[S FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A DARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING A LAWYER. PHS # 217386 IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TQ ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~. By: Lawrence T. Phelan, ., 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. S874S ~etal 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 217386 SUNTRUST MORTGAGE, INC. v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-2809 CIVIL TERM DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) TO: DANIEL J. PAJSKI 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 DATE OF NOTICE:11~Iay 27, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FQ,E IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IIVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 217386 IF YpU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phe 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 j3fieetal 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 217386 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C,P 3180-3183 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) NO. 10-2809 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: e7 '. l .-:~ Amount Due Interest from 06/17/2010 to Date of Sale ($30.95 per diem) TOTAL O ~l~.ov P ~ ~-rY-! ~'J`I.00 C~f+ 9a.oo ~" l~.00 '~ a. so „ ~304.so- Poem ~a.ad DueCio .50 LL Note: Please attach description of property. PHS # 217386 C1~q~Ilol~ ~,~ a~l548! PE (~~~~ $188,289.04 c :> (-,.~ '`~~ ~ r $ 5,416.25 ; y ~;; ~~ bra ~a ~'~.. ~~,~_ $193,705.29 ~;,-~ -'._. 11~J ` /'7 rney for Plaintiff 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 ^ PetenJ. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chri'sovalante 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 ~~ - ~ r-.-: ~.; ~' ~o a~ v a~ .o ~ o ~ 0 ~ ~ ~ ~ a. H Q Ewa ~ N H Q awa 3 " w '~ww ~~A ~~A a -~ zoA ~S~ Q' A N A QQ P 4 N -~i 0 a ~' QI V oa ~ W 0 c~ a ~H~ O ti ~ F ~~ H~ a~~ w ~ ~~ ti~a~ V W as ~y,A H ~V rn > A i.y w ~ O~ v s, w O~ w~ ~~ v ~a a w O ~ ~ O~ ~ N vl vl pip ~ ,.y M~01~~00 M ~ ~ ~ pip ~ ~ M N ~ ~ ~ '~" ~ p ~ C ° O~ °OMN~\O O pbN CZ' azzz~z,Zooo~ C~ ozZ o~zz~ ern o+ •~ W y. Oy„ W G" w b b N z H y+ y p N y" W WW•bW y N"yb y"wW,'idWw a^~i ~~~~~~o~ww~ ^w~~w~~~ y^ O' ~ ld N a ~Hxv, ~~AH ~ ~ ~ ~ ~~~ LEGAL DESCRIPTION All THAT CERTAIN tract and messuage of land situated in the Township of Hampden, in the County of Cumber;and and State of Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit: BEGINNING at a point on the Western right of way line of Jerusalem Road at the North East intersection of a proposed 50 feet wide street, thence along said proposed street South 44 degrees 42 minutes West, a distance of 67.60 feet to a point, Thence by the same by a curve to the right having a radius of 275.0 feet, an arc distance of 78.23 feet to a point, thence by the same South 61 degrees 00 minute West a distance of 6.03 feet to a point at other lands of James E. Grandon, 'Thence by the wine North 29 degrees 00 minute West a distance of 150.0 feet to a point at lands now or formerly of Horner. Thence by the same North 61 degrees 00 minute East, a distance of 58.0 feet to a point at Lot #lA, Block A, thence by the same South 29 degrees 00 minute East a distance of 15.0 feet to a point. Thence by the same North 61 degrees 00 minute East a distance of 59.38 feet to a point on the Western right of way line of Jerusalem Road, thence by the same, South 45 degrees 18 minutes East a distance of 109.37 feet to a point, the place of BEGINNING. BEING Lot #1, Block A, plan #1, of Creekview. HAVING THEREON ERECTED an Aluminum Ranch type home. TITLE TO SAID PREMISES IS VESTED IN Daniel J. Pajski and Randy L. Shultz, taking title as joint tenants with right of survivorship, by Deed from Ann L. McGill, widow, dated 04/07/2008, recorded 04/09/2008 in Instrument Number 200811192. PREMISES BEING: 1365 JERUSALEM ROAD, MECHAIVICSBURG, PA 17050.8321 PARCEL NO. 10.16-1060.022 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 ~1~4 , One Penn Center Plaza ,,- T.r ~~ r ~~;~~~ Philadelphia, PA 19103 215-563-7000 ~~~~ ~' ~8 ~~=j ~;: SUNTRUST MORTGAGE, INC. CU; t~„_ ~ ,_ , ,1 ,,~~, ~~;~~ Plaintiff ~~.~ v~~`t`L_V~`~iia v. DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2809 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 :s made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: t _ A ey for Plaintiff 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 [ZJoshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 fi-~ SUNTRUST MORTGAGE, INC. Plaintiff v. rt~.~ _ r h ff'V ~W - COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-2809 CIVIL TERM DANIEL J. PAJSKI RANDY L. SHULTZ C~. ,~, ' L_ r. ~~~ -'`~~''~ `~f CUMBERLAND COUNTY Defendant(s) ~'c: ~1~~~=~°~~-V:r~!`till~+. PHS # 217386 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 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321. 1 2. 3 4. 5 Name and address of Owner(s) or reputed Owner(s): Name DANIEL J. PAJSKI RANDY L. SHULTZ Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2200 VINE STREET MIDDLETOWN, PA 17057 2200 VINE STREET MIDDLETOWN, PA 17057 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 reasonably ascertained, please indicate) .~ r 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 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 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 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 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, STE. 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Julv 21, 2010 ~~ By: Att ey 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 oshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~~. SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. DANIEL J. PAJSKI RANDY L. SHULTZ NO. 10-2809 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c~ ~ - c r^ `j-, TO: DANIEL J. PAJSKI i7-~ - ~ : r ._. ~: -„ r-- ~ :'~ -- RANDY L. SHULTZ r - -- ' t -~- :~ : 2200 VINE STREET -; , ~_ -: . `=~' MIDDLETOWN, PA 17057 _ x=~ - ~ ~. ' W -: , _ ;~,. . . `i * * THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA O.N ~TAIN~' ED 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 e~~tate) at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321 is scheduled to be sold at the Sherii~s Sale on 12/08!2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $188,289.04 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 she 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 LEGAL DESCRIPTION All THAT CERTAIN tract and messuage of land situated in the Township of Hampden, in the County of Cumberand and State of Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit: BEGINNING at a point on the Western right of way line of Jerusalem Road at the North East intersection of a proposed 50 feet wide street, thence along said proposed street South 44 degrees 42 minutes West, a distance of 67.60 feet to a point, Thence by the same by a curve to the right having a radius of 275.0 feet, an arc distance of 78.23 feet to a point, thence by the same South 61 degrees 00 minute West a distance of 6.03 feet to a point at other lands of James E. Grandon, Thence by the same North 29 degrees 00 minute West a distance of 150.0 feet to a point at lands now or formerly of Horner. Thence by the same North 61 degrees 00 minute East, a distance of 58.0 feet to a point at Lot #lA, Block A, thence by the same South 29 degrees 00 minute East a distance of 15.0 feet to a point. Thence by the same North 61 degrees 00 minute East a distance of 59.38 feet to a point on the Western right of way line of Jerusalem Road, thence by the same, South 45 degrees 18 minutes East a distance of 109.37 feet to a point, the place of BEGINNING. BEING Lot # 1, Block A, plan # 1, of Creekview. HAVING THEREON ERECTED an Aluminum Ranch type home. TITLE TO SAID PREMISES IS VESTED IN Daniel J. Pajski and Randy L. Shultz, taking title as joint tenants with right of survivorship, by Deed from Ann L. McGill, widow, dated 04/07/2008, recorded 04/09/2008 in Instrument Number 200811192. PREMISES BEING: 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321 PARCEL NO. 10-16-1060-022 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2809 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From DANIEL J. PAJSKI & RANDY L. SHULTZ (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 $188,289.04 L.L.$.50 Interest from 6/17/10 to Date of Sale ($30.95 per diem) -- $5,416.25 Atty's Comm % Due Prothy $2.00 Atty Paid $309.50 Other Costs Plaintiff Paid Date: 7/28/10 David D. Buell, Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, 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. 206779 ! I T7 r7 C, °L. 1. Orr TH , et7 ^3 f Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. DANIEL J. PAJSKI Court of Common Pleas Civil Division CUMBERLAND County RANDY L. SHULTZ No.: 10-2809 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 217386 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 27, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A55. 2. Judgment was entered on June 17, 2010 in the amount of $188,289.04. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $164,284.15 Interest Through December 8, 2010 $23,753.34 Per Diem $28.69 Late Charges $925.92 Legal fees $1,300.00 Cost of Suit and Title $1,070.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $3,018.60 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,001.51 217386 TOTAL $199,354.02 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. 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 Defendant on October 11, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 217386 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP I Z-\ DATE: O 2 By: ? Lawrence T. P elan Es Id. No. 32227 ? Francis S. Hallinan, sq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett , Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 217386 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DANIEL J. PAJSKI RANDY L. SHULTZ No.: 10-2809 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 217386 I. BACKGROUND OF CASE DANIEL J. PAJSKI and RANDY L. SHULTZ executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 217386 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 217386 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 217386 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping_ Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fewer, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 217386 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 217386 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 217386 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phe , 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 udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 217386 Exhibit "A" 217386 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 i icE Francis S. Hallinan, Esq., Id. No. 62695 uF ?E P, ,1)T. TO Daniel G. Sehmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T'. Romano, Esq., Id. No. 58745 2010 APR 2? Shcetai R. Shah-Joni, Esq., Id. No. 81760 OUNN Jenine R. Davey, Esq., Id. No. 87077 ' C??ij' LJ Lauren R. Tabas, Esq., Id. No. 93337 pc?dHS?ILVrNI 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 217386 SUNIRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. DANIEL J, PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 4809 ?ev??' CUMBERLAND COUNTY CIVIL, ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ?}V611i3n to bp, a .lam t co &a O record correEoriglnai fil flue 00K. PL?A?? R .s File k: 217386 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 andfiling 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. YOt1 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 LEGAI. 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 k: 217386 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: DANIEL J. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. ?. On 04/07/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED ACTING SOLEY AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200811193. By Assignment of Mortgage recorded 10/28/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200936604. 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 10/01/2008 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 t=ile H. 217386 %- by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $164,284.15 Interest $16,811.99 09/01/2008 through 04/09/2010 . (Per Diem $28.69) Attorney's Fees $650.00 Cumulative Late Charges $617.28 04107/2008 to 04/09/2010 Property Inspections/Property Preservations $9.00 Costs of Suit and Title Search $550.00 Escrow Deficit 3$ ,415.70 TOTAL $186,338.12 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. 8. 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. File #: 217386 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $186,338.12, together with interest from 04/0912010 at the rate of $28.69 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: LJ 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. 6I791 ? 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 [JAndrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Vile k: 217386 LEGAL DESCRIPTION All THAT CERTAIN tract and messuage of land situated in the Township of Hampden, in the County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo dated August 26, 1974, as follows, to wit BEGINNING at a point on the Western right of way line of Jerusalem Road at the North East intersection of a proposed 50 feet wide street, thence along said proposed street South 44 degrees 42 minutes West, a distance of 67.60 feet to a point, Thence by the same by a curve to the right having a radius of 275.0 feet, an arc distance of 78.23 feet to a point, thence by the same South 61 degrees 00 minute West a distance of 6.03 feet to a point at other lands of James E. Chwdon, Thence by the same North 29 degrees 00 minute West a distance of 150.0 feet to a point at lands now or formerly of Horner. Thence by the same North 61 degrees 00 minute East, a distance of 58.0 feet to a point at Lot #I A, Block A, thence by the same South 29 degrees 00 minute East a distance of 15.0 feet to a point. Thence by the same North 61 degrees 00 minute East a distance of 59.38 feet to a point on the Western right of way line of Jerusalem Road, thence by the same, South 45 degrees 18 minutes East a distance of 109.37 feet to a point, the place of BEGINNING. BEING Lot #1, Block A, plan #1, of Creekview. HAVING THEREON ERECTED an Aluminum Ranch type home. PARCEL NO: 10-16-1060-022 PREIVIISES: 1365 JERUSALEM ROAD File #: 217386 VERIFICATION -^- Ravi AJQ,JP hereby states that he/she is r_ Cr er t„ E.t-Prof SUNTRUST MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, SUNTRUST MORTGAGE INC., 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. See. 4904 relating to unworn falsification to authorities. Nal?4V{ C,„Um DATE: Title: ?? $c?? / ct a. j?S+ Company: SUNTRUST MORTGAGE CORPORATION File #: 217386 Name: PAJSKI Exhibit "B" 217386 Phelan Hallinan & Schmiieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. DANIEL J. PAJSKI RANDY L. SHULTZ Attorney for Plaintiff T b i C) - ? C ? CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-2809 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DANIEL J. PAJSKI, and RANDY L. SH>LTLTZ, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and' sale of the mortgaged premises, and assess Plaintiff s damages as follows: :'..:, As set forth in Complaint $186,338.12 Interest - 04/10/2010 to 06/16/2010 1950.92 TOTAL $188,289.04 I hereby certify that (1) the Defendant's last known address is 2200 VINE STREET, MIDDLETOWN, PA 17057, and mortgaged premises located at 1365 JERUSALEM ROAD, MECHANICSBURG, PA 17050-8321, and (2) that noti Wence in in accordance with Rule 237. 1, copy attached. 1 Esqui re F *cis S. Hallinan, Esquire )Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 217386 PROTHO OTARY C Exhibit 217386 £.0661 3 OIOZ SO o9£'E S3AI6pH A a W U Vl z ..a Q s ..a w x a 0 0 0 R Y U a 0 00 M O_ Q a ro a. zd0 a lz VON-q 0311b -L p G " ° o x v ? 9SZ Zb « 00 0 ? W 1 Z E 0 3N1 ow- ? ? -alk, C ? E ? 67 d? (fib 0 5 ? ? K C.. S31d1 o .., V w V L 0o c 3 ? V T r, eG? v C U ? 8 -88 A ' U . .4, A ? b vop. O I,il r? p. 4' O ? G a a 14 ? ??g=E A p? a O N '?o?? 0 ' A w Q Q ? N M o_ o d o ,n = w LL x O ? N o n o ?a F W ri a r. ? ? ?A W > F ? r? Q E ? z a z a °" ?vi d a d H yea 6 W a E'' a ? p a > CL4 a z W ? z d ' p O u ° N ? F O F" n M tx d F'" s °' N .. w x a a ? N N a W N ? W o ? d ? w x z A x ? a ,? ? ? N x ?? H x ," F M OO Z M a ° z c O z N W z o z o a ? N ? p ? N a O 0, r . Gr C° `? `° N N ? a a b d d d d d v, x x ?? a 0 a a a, v vA v, O w ? ti ti? ti "'Z a a o0 o a a ° aN a ad d y, ?a E 2tn Z-r zo z z u z z z> e? d° - Qd d? Q dW Q Q o z A r- A 6. 1 1 A- A A d a N Ce 0 0 00 0 00 0 0 Z 0 0 en 0 0 m 0 0 en 0 0 en 0 0 n 0 0 en 00 en N N N N N N N Q a a a a a a a °T .x z -' Ic 00 M N PHELAN HALLMAN & 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 October 5, 2010 DANIEL J. PAJSKI RANDY L. SHULTZ 2200 VINE STREET MIDDLETOWN, PA 17057 RE: SUNTRUST MORTGAGE, INC. v. DANIEL J. PAJSKI and RANDY L. SHULTZ Premises Address: 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2809 CIVIL TERM 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),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 10, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 'rv t<uly/?nyours eo' Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: VP By: ? Lawrence T. P el 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 ? J ith T. Romano, Esq., Id. No. 58745 C 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 ATTORNEY FOR PLAINTIFF 217386 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. DANIEL J. PAJSKI RANDY L. SHULTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2809 CIVIL TERM CERTIFICATION OF SERVICE 217386 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DANIEL J. PAJSKI DANIEL J. PAJSKI RANDY L. SHULTZ RANDY L. SHULTZ 2200 VINE STREET 154 MAPLE DRIVE MIDDLETOWN, PA 17057 FREDRICKSBURG, PA 17026 DANIEL J. PAJSKI DANIEL J. PAJSKI RANDY L. SHULTZ RANDY L. SHULTZ 1215 NORTH 2ND STREET P.O. BOX 323 APARTMENT 3 HUMMELSTOWN, PA 17036 HARRISBURG, PA 17102-2711 DANIEL J. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. , 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 a?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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 217386 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 October 12, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: SUNTRUST MORTGAGE, INC. v. DANIEL J. PAJSKI and RANDY L. SHULTZ CUMBERLAND County CCP, No. 10-2809 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yo <?V&5cx" Lawrence T. Ph Lan squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire /Sheetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire 217386 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: DANIEL J. PAJSKI RANDY L. SHULTZ 217386 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 October 12, 2010 DANIEL J. PAJSKI RANDY L. SHULTZ 2200 VINE STREET MIDDLETOWN, PA 17057 RE: SUNTRUST MORTGAGE, INC. v. DANIEL J. PAJSKI and RANDY L. SHULTZ Premises Address: 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-2809 CIVIL TERM Dear Defendants, Enclosed please find Plaintiffs Motion to Reassess Damages, Memorandum of Law in Support thereof, and Certification of Service relative to the above referenced matter that were filed with the Office of the Prothonotary of Cumberland. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Lawrence T. he an, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire J ith T. Romano, Esquire heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire 217386 Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 217386 \~~ r L "t _~ ~ ~ OCT 14 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. . Plaintiff v. DANIEL J. PAJSKI RANDY L. SHULTZ Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2809 CIVIL TERM No.. RULE AND NOW, this day of _~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~/ Rule Returnable o~.~~--a~}-e€ ~n~ n,~ ,„ +h~ *~~~-, C BY THE COURT - J ~ ~,~ ~ ~ ~ ' C £ ~ -- -~ rn . s o t ~~ -~ ~~ ' S1 ~r I ~ 1 ~ a . ,.- ~ .~ ~ ~ ~ ~~, ~n -~ ~ ~-~ ~~ . ~~ ski ~_ -~ ~ ~ !~/l~' ld 217386 `_''-' ' 1 s y.e.idr.: -Ftl:E~D-O~FI~E ~F THE PRUTHONQTARY ZOf00CT 27 At4 i1~ 55 Ct1P~BERE.ANO COUPdTY REPJNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. DANIEL J. PAJSKI RANDY L. SHULTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2809 CIVIL TERM No.. CERTIFICATION OF SERVICE 217386 J I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 4, 2010 was sent to the following individual on the date indicated below. DANIEL J. PAJSKI DANIEL J. PAJSKI RANDY L. SHULTZ RANDY L. SHULTZ 2200 VINE STREET 154 MAPLE DRIVE MIDDLETOWN, PA 17057 FREDRICKSBURG, PA 17026 DANIEL J. PAJSKI DANIEL J. PAJSKI RANDY L. SHULTZ RANDY L. SHULTZ 1215 NORTH 2ND STREET P.O. BOX 323 APARTMENT 3 HUMMELSTOWN, PA 17036 HARRISBURG, PA 17102-2711 DANIEL J. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 Ph lan Hallinan & Schmieg, LLP DATE: ~ 1 By: ence . Phe q., Id. No. 32227 ^ Fr cis S. Hallinan, Esq., Id. No. 62695 ^ aruel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 217386 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. DANIEL J. PAJSKI RANDY L. SHULTZ Defendant(s) CIVIL DIVISION . No.: 10-2809 CIVIL TERM 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. 31.29.2(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 C fed Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exl "I ` ? Andrew C. Branrb'ett Esq.; Id. No. 209375 Attorney for Plaintiff t Date: IMPORTANT IT CE: This property is sold at the direction of the plaintiff. It may no be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale rence )Phelan, Esq., Id. No. 32227 Francis S allinan, Esq., Id. No. 62695 ?Daniel G. chmieg,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 Vive Srivastava, Esq. Id. No. 202331 - ? Ja Jones, Esq.; Id. No. 86657 61791 ? eter J. Mulcahy, Esq: Id. No. Andrew L. Spivack, Fsq., Id. No. 84439 Jaime McGuinness, Esq.; Id: No. 90134 ?'Chrisovalante P. Flialkos, Esq,, Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 20047 ? Courtenay R. Minn Esq. Id. No. 206779 must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS #217386 ` v o £ 0 66 L 3000&Z VU08-4 C]mivvi ao ? 1 v oEoz sz inr sszttztiooo 53AAOB A3MIU Cry C " 2 r n rn .Cy??yd C h w ??" t , t?(? L USP`? ?O ? 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L Z .: H . ..A U U A a+ U la. a? .o Z _Z -x N ? tl b fl z a c H a. 1 n :Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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. Talus, 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Td. No. 208375 1617 JFK Boulevard, Suite 1400 One Penh Center Plaza Philadelphia, PA 19103 215-563-7000, SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DANIEL J. PAJSKI RANDY L. SI4ULTZ No.: 10-2809 CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE 217386 SUNTRUST MORTGAGE, INC., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in suppoi t thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 13, 2010. 3. A Rule was entered by the Court on or about October 18, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 26, 2010, 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 "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 7, 2010. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. 217386 Phelan Hallinan & Schmieg, LLP DATE: 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 VChrisovalante P. Fliak6s, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 CourtenayR. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett,,Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 217386 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 Jenne 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 Joslnaa 1. Goldman, Esq., Id. No. 205047 Courtenav R. Dunn, Esq., Id, No. 206779 AaldreN C. Braii blett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v DANIEL J. PAJSKI RANDY L. SHULTZ Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-2809 CIVIL TERM No.. CERTIFICATION OF SERVICE 217386 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. DANIEL J. PAJSKI RANDY L. SHULTZ 2200 VINE STREET MIDDLETOWN, PA 17057 DANIEL J. PAJSKI RANDY L. SHULTZ 1215 NORTH 2ND STREET APARTMENT3 HARRISBURG, PA 17102-2711 DANIEL J. PAJSKI RANDY L. SHULTZ 1365 JERUSALEM ROAD MECHANICSBURG, PA 17050-8321 DANIEL J. PAJSKI RANDY L. SHULTZ 154 MAPLE DRIVE FREDRICKSBURG, PA 17026 DANIEL J. PAJSKI RANDY L. SHULTZ P.O. BOX 323 HUMMELSTOWN, PA 17036 Phelan:Hallinan & Schmieg, LLP '3 DATE: - Y: ? 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. Bramblelt, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 217386 • y FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 16 PM 3: 02 CUMBERLAND COUNTY PENNSYLVANIA NOV I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff V. : DANIEL J. PAJSKI : RANDY L. SHULTZ : Defendants Civil Division CUMBERLAND County No.: 10-2809 CIVIL TERM ORDER AND NOW, this t, S day of A) o , 2010, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $164,284.15 Interest Through December 8, 2010 $23,753.34 Per Diem $28.69 Late Charges $925.92 Legal fees $1,300.00 Cost of Suit and Title $1,070.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $3,018.60 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 217386 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $5,001.51 $199,354.02 Plus interest from December 8, 2010 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. 17386 P.S nab t 6C J 217386