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HomeMy WebLinkAbout11-8505# 11-0409 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE RICHMOND VA, 23224 PLAINTIFF VS. ROBERT W. KOHUT, JANICE M. KUNKLE 1363 KINER BOULEVARD CARLISLE, PA 17013 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. OR, 1. l ?4 dD ip-t? a 0 -7 9a3 #11-0409 POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 SUNTRUST MORTGAGE, INC. F/K/A CRESTAR MORTGAGE CORPORATION 1001 SEMMES AVENUE RICHMOND VA, 23224 PLAINTIFF VS. Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. ROBERT W. KOHUT, JANICE M. KUNKLE, 1363 KINER BOULEVARD CARLISLE, PA 17013 COMPLAINT IN DEFENDANTS MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. SunTrust Mortgage, Inc. f/k/a Crestar Mortgage Corporation (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Robert W. Kohut and Janice M. Kunkle, (hereinafter referred to as Defendants) are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Robert W. Kohut and Janice M. Kunkle and itself as Mortgagee by Assignment. The Mortgage dated April 17, 1998, was recorded on April 23, 1998 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1448, Page 222. Plaintiff is the Mortgagee by Assignment by virtue of the following Assignment: Members 1st Federal Credit Union assigned its Note and Mortgage to Crestar Mortgage Corporation recorded on April 23, 1998 in Assignment Book 574 at page 678 in the Office of the Recorder of Deeds in Cumberland County. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits'A' and 'B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by Robert W. Kohut and Janice M. Kunkle on April 17, 1998 in the original principal amount of $128,650.00 payable to Plaintiff in monthly installments with an interest rate of 6.6250%. A copy of the Note is attached and made a part hereof as Exhibit'B'. 5. The land subject to the mortgage is 1363 Kiner Boulevard, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit'A' and incorporated herein. 6. Robert W. Kohut and Janice M. Kunkle are the Record Owners of the mortgaged property located at 1363 Kiner Boulevard, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $122,930.60 Interest to 10/17/2011 $8,977.01 Accumulated Late Charges $377.47 Escrow Advance $3,764.05 Property Inspections $250.75 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $138,149.88 plus interest from 10/18/2011 at $16.84 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. Plaintiff sent the uniform Act 6 and Act 91 Notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on January 19, 2011. A copy of the Notice is attached and made a part hereof as Exhibit'D' . WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of $138,149.88 together with the interest from 10/18/2011 at $16.84 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC By: G?- - PT ' Gregory Javadian, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff EXHIBIT `A' Gre3 ?:5` ? ? iJ0 AFTER RECORDING MAIL TO: :rYU CCU'I I ; _ r ; MEMBERS 1ST F O EDERAL CREDIT UNION rnp n?lj j? Pill 3 1+7 .. It A JUII I MPf.II:11ANIf.SBURG. PA 17055 LOAN NO. ON= (Spx Abar9 Ili L 4m For It-rdlea D.Ia) MORTGAGE TI I IS MORTGAGE ("Security Instrument") is given on A p r i l 17. 1 9 9 8 The mortgagor is Robert W Kohut and Janice M Kunkle ('Borrower'). This Security Instrument is given to MEMBERS 1ST FEDERAL CREDIT UNION. which Is organized and existing under the laws of THE UNITED STATES OF A M E R [ C A . Lcndcr"). and whose address is P.O. BOX 40. MECHANICSBURG. PA 17055 Borrower owes Lender the principal sum of am Mu rlred Twenty Eight Thousand Six hundred Fifty Dollars and no/100 Dollars (U.S. f 12 8 . 6 5 0 . 0 0 ). This debt is evidene ed by Borrower's note dated the same date as this Security Instrument ('Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 1. 2028 . This Security lnstrurnenl secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in D a u p h I n County, Pcnnsylvwda: SC11E0ULE "A' AT I'ACRED which has the address of 1363 Kiner Boulevard Carlisle Isassl ICltyl Pennsylvania 1 7 0 1 3 ('Properly Address"); Izir cock) TOGETHER WITH all the improvements now or hereafter erected on tha properly, and all easements, appurtenanca, and fixtures now or hereafter' a part of the property. All replaccmenls and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in Ibis Security Instrument as the 'Properly.' BORROWER COVENANTS that Borrower is lawfully seined of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally (lie title to the Property against all claims and demands, subject to any encumbrances of record. + p PMN5YI.VANIA-.SH4ULS FAMD.Y-FNhWFUI.MC UNIFORM INS"ItUaIRNTgOON1Q4p ?? FORM 3039 91" 222 ISCICMDTPA/113911303919-90YI. PACIR 1 OF 6 1 r ? `x a IL %Q1?R ?g? G? yr 8• s u s ?s is g s > i .7 rL $ a jNj? ! ?? s 3 _S q$ 3 q is ?g t o . s a $ i 8 40. e ?•. . . fee' 01 IF a . ir rr. W _. •<. I [a .? i? ...? s •? i :. i s Z' •;, Bill.? l 8 ris Its I.? _s - ski a;p ??} ?}}t???j9 1 112 p ilia I fat, flit ! ! lilt 2 i rah Mit a . ., g ?I E 1i ?IrS a mop fit as - ! .? ml !rr? ' $ s Jilt §. lot $ ?• !$ s ?' 41 g $ z$ $ a :?? r .a; i 3 22 ll all Isj3?* ??y?11 (Oal ?)??1 3Y19? 1 ?;?E?i??l)j ?F I, iPj a?I? ?? 31 r? eatl?B € j'° ?f 9 i 1!i 41 91 is > 141 141 41 Intl An is ip ?y ?$ft a'¢ 7 M H ?a P a? ?14 Y S I 4 P% ?ag 4? ~ OWAAN NO- 24 Ndopos sat Atrhod. &mower's dime to teime provided is pargraph is ship etmed to am hoer prior to tha aomeeReaaiteaa of bidding ae a dwdWs uk or other sak puma to this Sewity Inwemot. + ?ti hlaq If any of the debt se?rots 'by this SwA* Ieeinse et is bit to DortQM to Ptopsrry. tbb homiso m Ad be a putoEtaae money tmttgfo . X 11ft1v t am ARsrJsoft wt. Borrower tlpma thusdo' - taretnas pct "afbr a jod orris is amemd 00 the NOM ear Isla aaim of f modosm shag be the rate payable fives time to time order toe Note. 17. W¦sf>.tWflse?ey • Ulmer =arm= ere esamsd br stmow" and teaadad tosaber with this Sovari y iavtmeng. do ovveaaots and alpewta111s d tttttb soM rider tlWl be ieooeporated into sad shop ammit star sapplamat do costoms mod tfpwetlM tt is Sam* fmtmmmtss if the dd;$) was a part of tons Security Eaarwom. 1Cbo* spplicabie I 44 b0° ie Rene Rider []Candomiaiam Rider Q 1-4 F m ly Rider %drvwq I Paymaa Rider ? Road Va Mvdopesmt Rider 0&we r pvvesot Ride de ?Rate Imptotla t Ride OSetmd Hama Rider MtaFall aaraa*] BY lKWM BELOW, But.. um a atd spies to the tams and ooveaama coonioed in cob Safatrhy . LaOltre I asd IM.My ride(s) Met oed by Bornower and recorded with it. I Robert W Kohut. +? Social Society Number 17 9- 6 a- 2 10 4 a..? anice M qkTMFTe snr?.l 8etarltp Naatba Secvaty Number 1 8 8- 6 2.1 4 6 5 Social Sammy Number } t plM.m sole. U6 ear For ACM0.MftaeW OM1Mt01a K Rerldrttea do heMby nerdy that tha torrxt address of tea wfdds.aamed Ma is P.O. 901 40.?aECMANtC59•U1tG. PA 17055 glstw or bsod this 177% day of AMIL, 1998. ) i ANW arm"wap Oaflrf1?111f1ALTH OV IV44 Y1t.VAMA. CaMedy fah 018 fflls, the 17TH dq of AML, 1998 • , bt fete tar, d a tmdasiyted otposr. pmsottapy appaaM Robert W Kohut and J4nfce N KuARio 1110ft to alt (or sadslaeootihr peorm) to be'ttts pan ft whose stmea asssebsQibed lv fee within micas and i l o t h e y enawasd the same fbr the proposes btxein comal0ed. Bar w?fr!lnBys NABRB0F,1 bsaeuoto M my had god orlieW teal. w f?omiiaaiun ?isea: 31st t NOTAiVAL SEAL. , of 4 faunae 1 ftcator Notary Pubic f 140deburg. PA. paupN. o C;oupkty MyOtlttsrraaio/1 bome mamh s. Mot 1 1.YA1sA.ND101,it FUMY-FNMMF L NC UNWORN Verrausu" 01001210310110" LC4OmTFAAC"11l03af9WA00?L DAOa 6OF 6 l ~?t ALL THAT CERTAIN tract of lead aith the improvements 3 tbereoc situate is Monroe Township, Cumberland County; Peansylvanks, bounded and described as followa: 29GINKING at a nail in the concertina of Township Road No. 564 (Ricer Boulevard)-. on. the western lino of a private ?risbt-of-wky; thence along the latter, South It degrees 35 minutes s loads Baat, a d.istanca of 390.33 feat to an iron pin on the lis I lead aow or formarl'y of Dennis 0. Gotthard; thence along tlle• tter, South 80 degreesl0 azinutes 00 seconds West, a distance of 180.00 feet to an iron pin on the lino of land not or foseerly of Elmer R. Road; thence along the latter. Borth 11 degrees 33 minutes 58 seconds Wont, a distanco0of 597.13 feet 4? 1 .., to a nail in the centerline of said township road; thence along tbe`latter, North 82 degrees 20 oinutoa 02 seconda East, a distance 0['150.00 feet to a nail, the Placa of BEGINNING. I CONTAINING 2,4500 Acres and being described accordiog to a survey for Lester E. Smith, at ux, by gugene A. Bockeosmitb, R.S. ' ' dated December 5, 1978. RAVING T9E1205 ERECTED a dwelling house and barn witb an address of 1363 [iaer Boulevard. Carlisle, Pa. -BRING the Mama premises which Harold S. Davis, Jr. and 40da L; Devis.'husband and wife, by Dead dated May R,. 1997 " sod recorded at Cumberland County. Pa. in Dead Book l57 pass '? 689, grastad'and conveyed unto Robert W. Kohut and Janice N. [aokle.• i C t t E33lIBIT "A" Ix f ? 'e EXHIBIT `B' f z 3 -S 'f COMMONWEALTH OF PENNSYLVANIA ) 59 COUNTY OF CUMBERLAND ) ASSIGNMENT OF MORTGAGE(S) THIS ASSIGNMENT OF MORTGAGE(S), executed this 17TH day of APRIL , I9yg, by and between MEMBERS 1ST FEDERAL CREDIT UNION, a corporation organized under the laws of the U. S. Government (12USC1751), called ASSIGNOR, and CRESTAR MORTGAGE CORPORATION called ASSIGNEE. FUR VALUE RECEIVED, the within mortgage(s), together with the Note(s) secured thereby for each and every obligation described therein, is (are) hereby transferred and assigned to the ASSIGNEE, its successors and assigns, said mortgage(s) being recorded in the public records of CUMBExT-asDIMCNROE TOWNSHIP County, Pennsylvania, and duly identified as follows Date of Book Page Clerk's Original Moriaaaor Mortaaae No. NO. File tb. ROBERT W. KOHUT AND 04/17/98 ?T T y ? 2 JANICE M. KUNKLE $128,650.00 1363 KINER BOULEVARD CARLISLE, PA 17013 This Assignment is made without representation, warranty or recourse on ASSIGNOR herein. IN WITNESS WHEREOF the undersigned MEMBERS 1ST FEDERAL CREDIT UNION has caused these present to be signed in its name by its undersigned officers, and its „SRfi1:Affixed this 17TH day of APR , 19 98 . EMU 1S FEDERA ) EDIT UNION Qa Bys 3 obert L. Marque ;g,{+t •:?? a Manager of Real Estate Lending 'L*, ,; led and delivered in resence afi En C33 ' G7 Z n COMMONWEALTH OF PENNSYLVANIA ) c c ; SS CID COUNTY OF CUMBERLAND ) z On this the 17TH day of APRIL 19 98, before me, a notary public, the undersigned officer, personally appeared Robert L. Marquette, known to me (or satisfactorily proved) to be the person whose name is subscribed hereto, and acknowledged that he is Manager of Real Estate Lending for MEMBERS IST FEDERAL CREDIT UNION and that he executed the same as Manager of Real Estate Lending for the purpose herein contained.` In Witness Whereof, I hereunto set my hand and official seal. ? Prepared Sys n- nL Notary Pu lit Cumberland County, Names MEMBERS 1ST FEDERAL CREDIT UNION Pennsylvania Address 5000 Louise Drive Mechanicsburg, PA 17055 My Commission Expires EDa*:-VW@emi Public i r?'G9? V ?•: i k,syw? ? ti ?,M c? BOOK 57¢. PACE 1 EXHIBIT ` " L1081 T ' APO' KOHUf 031393 LW BIP.14S NOM c April .7. 1990 KECHAIII-OURG Peettijif• Imo) [Cityl 1363 etner Boul•vsrd Cjr1,,,1P PA 11013 [Property Addrtss1 .` I/ 1. CORROWBA'S FQOM1.SR TO PAY In return for a loan thct I hove received, 1 pmrnite to poy U.S. S .78 65, 09 (djb01RlIlllil ` a p p i l * ) . pin ituerea. t o tie order of On Leader. The Lender u y E R B E R S 1 S T F E Ot R A L I tmltnituld am efts I air nay Irmsfer Mb None. The Lender or myone who tam gala {toy by uIllmdM" who is a NW@d so receive pWmeat under this Note is cdlcd the 'Note Holder.' 2. I NY11MRSf' Interest will- be chicr* on unpecid principal lentil the roll aacwm of priecild ho b= pd/, P '. ing , d a yearty rde of 6 6250 S. The icterert rote required by this Section 2 is the r=te 1 will pay cloth bsfim red c2ar tle151ti to Section 6(B) of *As Note. 3. PAYMEM ' (A) 76ae and Fbve d Phyo>ecss I will pay principal and interval by retaking payments every moath. 1 will make my monthly paymertts on the I : Iday of exh mmnh beSirrua2 oa June .1, 1!? I will note thm pMam every month until 1 have pad all of the pritxgnl and inresi sad agp•odw described below then 1 may, owe under this Now. My neomhly payatestts will be applied to hrlslsg •,l principal. I f , on M a y I . 2078 1 still owe amounts under this Noe, 1 a W pay t1of `.? roll ore thet date. which is edled the 'mnurity date." I will m a k e my i n " A l y payments r s t' t ' + ' a *l ; - S B U R G PA 37064. Of O 0 differs plane WaP%411! Note Holder. (B) Amos=2 of Mk=I ly PaycxW My monthly payment will be in the amour of U.S S ' d. BORROWER'S RIGHT TO PWAY I have die right to mile payments of principal it any team before they are der A payreent of pr(nokd it* is known as a'plcpaylnpt.' When I make a le paymeni. 1 will tell the Mile llolek r in writing dm I Mdiltaa I may make a full prepayment of Partial prepayments without paying any prepayment cberre. lb Mm Holder win we all of my prepayastas to reduce the amount of principal this 1 eve under ibis Note. -if 1 elfin a Partial pre?eyniea, Ow will be no dusges in the due date at in the a tiouni of my mnmbty I --at adm the Note Holder agrees in writing to thow changes. S. LOAN CHARGES If a tar. wbici applies to this loan and which scu mancmum last charges. is finally iasetprited all lr7a isactest or other loss chsrga collected or to be colleeued is connection with this lam excited to pmmW limier, than: (i) my such loon charge shill be nAxed by the antoum necessary to reduce the dop in do pertained limit: sad (ti) any stmu already mileded from ax which exceeded permined limits wilt- owhow to on. The Hoot Holder may dmoae to make this refund by reducing the principal I owe under Leis WSW 1S maidsg a direct paymaa to me. If a refund reduces principal, the redurnion will be basted as a Psimal prepaymet. KI&TWATR 1FIXtrD RATE 111CM-SIcale F=ffy--FNMA1FF1.MC UNIFMM PMUU10>tlMr >11t?? lWjC7e0t"/I0I"13=I223)-L Pane I of t ,t • s? • API KOHUT 034393 • LN$ 019746 lL NORMWER'S /AU UR2 TO PAY AS RW=En (A) late Chmp for Opel dae Pgraestls if the NMe Hi*W bait not tsodved the k0 ?bt of my MONNy payment by the cad of IS days diet rise diet is is due. 1 will pay a lee chimp to the Note Holder. The asooaM of do clmW ?. 0 . 0 0 0 0 X of ely ovtsdete pgnteat orprincipal and imenese. I will pay this lm chor a prontA titre on ab lies paytma. (10) Dd4N If 1 do ant pay the IWl moi of each monthly pays m on the date it is due. I will be in dtdseth. r (C)NMtea a(Dah a If 1 am in ddadt. die Nome Haider racy mod me a wrinen notice telling tie tho if 1 do ant ply tttsiimilllft t h ro a t b y a eetra'a date. the Note Holder m y agnire Ise to pay tmtttdinely the full m o m s of p- , mch boom bom paid acid all dw interest that I am on that amuav. This: dme trios M at Ier=a 30 dap tt>lot' t@: daoe on wbieh the notice is delivemd or nailed to art. , (03 No Wtsbw By Ntes IUdder Hymn if. st a time wbQn I am in defaall, do Note Holds don tai eegatre nit to pay it?tedilody to t" Omwilted above, the Note holder will still harm the right to do so if I am in defoAt at a Irsr Brno. (Rl lstysnaal of Noes Igoi Ws Coss and Egiinines If ab•: Note Holder has ttse)tmirsd me a pq i I Namely in full as described shove, the Noe 1hn WM No ? Cis tight la be paid becit by ate for oft of its cads tssd eaptttsca is caforcitq this Nott to rite et=-an p n hibieed by a4Plicab11 law. Thos expmm include. for eaempie, reeoaeble naresys' feet. 7. (UMM IN NOVICES Ualca apptieabh bw regWrw a diflere n tnphod. any notice this must he given to me tmda this Mae tee bo given by ddivwbS h or by antifing it by firrt dw mail to me a( the Property Address above or m a da1'Alm rya if I given die Nm Holder a aamhs of arty differon mddrea. Any ebtice Ibm artist be given so the Note Holder under this Note will he given by mailiq it by that tilt isma to the Now Haider at the address stated in Section 3(A) above or at a differm address if 1= tires a notice of that dilTeses , kW=. 0. OZUGATK0 Q OP P RSOM UMM MUS NOTE if ants than tae paten signs this Note. etch person is fully raid personally obligated w keep an of the petty - mtda in this Noes. including the promise to pay the full mount owed. Any pttvnn W60 Is a 0rsumor. sanely or tsadent- of this Note is alto obligated to do these things. Any person am tales oral these obligations. kah diq tit obliplons of a guarmor. way or adtrsscm of this Note. is arse obligted a keep all of floe peomoa trade in this Note. The Note Holder may enforce its rights under Ihb Nerve spilms cub pasoa individodly or at aisot dtof es together. This meens dal any one of us nay be nqwmd to pay all o(dn amounts owed tndcr this Note. 9. WAIVfDtq 1 and day-other person who hm obligations under this Nate waive it rights of prr.urtinew and maim of didicam. 'Preaeetmem• atem the right to require the Nave Ifolder to demand payment of araraswa dir. 'Notice of dishonor mew the right to mquire the Note Holder to give notice to other penow the aspotueb dse have rat beta paid. 10. UNIpORM IIMCURLD NM This Naga it a aailiarm inttrootnn with limited vmiutavi to mine junsdtcti xis. to addition w the proaaetial? given to the Note Holder under this Note. a Mortgage. Deed of Trust ur Security Iksd libe '9eatshy Imtsoataa'), dated the sane date as this Note. Prances the Nate llAkr from possrhic Iman winds might rmh if I do not keep the promise which I make to tnts Note. Thu Socuray Instrument deecrtbes how ad uWa what t70aditi0m 1 insy be raquired to slake inen, We payaem in (till of all aumnis 1 owe =do tbb Noe. Sate of dicta aoadilims are dee cribad as follows: MULTWATB 1RQZ;D RATE NOT17-NIC310 Rally--¢Mt0AMILMC IINIFIR M IN.%-Mt)191tff ISC1C74OT'NI019S/3200(1203)-L Ape I of I Pbrrrs 32111 120 j ; -, . .' . i• f I i i API7 K0001 034393 lri •?iz TfYemmillffefthe h"mily cr o BmdkW lot- In oomwer. Ifallormayperia(dallimmeft : Of ANY I I - in h IS sold or mmf and for if a beneficial m1efto it Borrower is sold or trn? tad Borrower is not a aOWd persatI witMut Lender's prior wrilm nromera. Lsader r0'• U ft s 14 option. rogoite ioraedialu pay=e=r is feB of all sums secured by this Security Immanent. Hoe+sor, r this opion shalt als be exercised by Lender if exercise is pnthibiled by federal taw m of dw due a! this Security Immuasaa. If !.ender czercisea This oplioe. Leader stint give Rornnwcr notice of amcleminn. 1Uo nod= "I provide a period of rrt lea chart 3D days from ft dale the mice is defivemd or ndlod aridtilt which Borrower =W pay aB suns cmmd by this Savr9y Instrumera. If Borrower rails a pay dbraa turn prior (o tht apiraioa of this pedal, Lender may invoke say remWies pwmkW by this Security los rumor without (enlter Holies or detrtatxl on Barn,wer BY SIGNING BELOW. Bormwcr cccgKs tad aptem to the trrr+ and covencnts comained is Vasa I throush 3 of this Note. WrTNESS THE HAND(S) AND SEAUSI Of THE UNDERSIC-141' 1"i ? + •BorrrnRa n M 1 r _ .Borrower _ M31) W41-out recourse. pay n.. +l,r .•r•1 , . , py .•t IL Rye. nt Rea! 16t1•rle 1.-sm . t h/ULT1Efi1'A'M PIXXO RATE WY1E Sl-zalr Fo=lly-FMMA[FHI.1N(11NIFY)RM IN."VURDfr IWX-Haf•v11019513=0253>-L Palle It of t Foam 32W 1211 i. ' I 1 ?I EXHIBIT `D' .I, ?k Ei .1. Ei ;k fk J, Ei ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: 01 / 19/2011 TO: ROBERT W KOHUT JANICE M KUNKLE 1363 KINER BLVD. CARLISLE PA 17013 91 7108 2133 3438 6667 2980 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE 1S 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of this Notice. If you have any questions, you mgy call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ti§ a. t; G F! f! HOMEOWNER'S NAME(S)- PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ROBERT W KOHUT and JANICE M KUNKLE 1363 KINER BLVD. CARLISLE PA 17013 Members I" Federal Credit Union SunTrust Mortgage, Inc HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default), You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK; DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPO*,4RY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 6f J, is li J, :k i4 J. 69 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 1363 KINER BLVD. CARLISLE PA 17013 1S SERIOUSLY IN DEFAULT because: A.YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Stan/End: 06/01/10 through 11/0110 at $ 845.56 for 6 months and $847.98 for 2 months. Monthly Payments $ 6,769.32 Late Charges Accrued $ 135.95 NSF: $ 0,00 Inspections: $ 120.00 Other (please specify): $ 2,667.57 (Suspense): 0,00 TOTAL AMOUNT PAST DUE: $ 9,692.84 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 9,692.8 4, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. Payments must be made either by cash, cashiees check, certified check or money order made payable and sent to: SunTrust Morteaee, Inc. 1001 Semmes Avenue Richmond, VA 23224 Mail Code: RVW 3042 Attn: Payment Processine You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) .t 6?1 eE 6 Ft 1, J' IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF Tiff-MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortQate. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: SpnTrust Mortgage. Inc. Address: 1001 Semmes Avenue Richmond VA 23224 Phone Number: 800 -443-1032 Fax Number: 804- 291- 0134 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 1. 1. ?t fi 1. tt :k k'k 1. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof, otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, SunTrust Mortgage, Inc. Mailed by 1"` Class Mail and by Certified Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY a. ?i ?k fi :f f! (Rev,9/2008) APPENDIX B Consumer Credit Couneiitntt Attencv Notification of Face-ta-Face ?V tuna- Date: Mortgagee Name & Address accordance with the Pennsylvania Housing Finance Agency's Homeownces Emergency Mortgage Assistance Program (PHFA-HEMAP) (Act f 1983), this is to inform you that we have been approached for mortgage counseling assistance by: (Nqt F-sndAddress of AgWicant) Mortgage Loan Number counseling agency has had a face-to-face meeting with the above-named applicant on , who indicated that they are more i sixty (60) days delinquent on their mortgage payments and have received an Act 91 Notice of Intention to Foreclose dated from: Name and Addroas of Mortgagee i accordance with the homeowner's Emergency Mortgage Assistance Program, this is to inform you that: within 30 days from the date of this notice, we intend to forward an application to the Pennsylvania Rousing Finance Agency, Homeowner's rrgency Mongage Assistance Program on behalf of the above-mentioned applicant(s). By a copy of this Notice, we art: notifying any other mortgagees, identified by the applicant(s) as also having it mortgage on the property itifted above. No legal action to enforce the mortgage may occur if a timely application is tiled. The homeowner(s) must have a face-to-face meeting h a Consumer Credit Counseling Apncy within 33 days !roan the date of the Act 91 Notice and an application most be received by FA-HEMAP within 30 days of the face-to-face aseetiag is order to be protected by this forbearance period. Name of Counseling Agency: Address: Telephone Number: cf Ri !t fi 2k Et Comprehensive Housing Y HFA ?'ENNSYiV.iNl.. 17, fIh.RNC: ACEMl:Y Counseling Agencies Agencias de Conselo al Cllente para Vivienda Dauphin County 'CCCS of Western PA - Harrisburg 2000 Linglestown Rd; STE 302 Harrisburg PA 17110 888.511.2227 / 888.511.2227 www.ccc$08.0 ra Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricounty.orn Harrisburg Fair Mousing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Loveship, Inc. 2320 N 5th St Harrisburg PA 17110 717.232.2207 Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www.rurali .ora/palhslone oa.htm NOTE: Many of the agencies offer workshops at various location sites: call to find a location near you. i Report last updated: 1019/2009 3:27:33 PM Page 1 of 1 ki i, ?i ik i, `k HEMAP Consumer Credit Counseling Agencies DAUPHIN County Report last updated: 8/30/2010 2:55:34 PM GCCS of Western PA 2000 I_Ingtestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 • A VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Name: / Title: OTC&-R ) SunTrust Mortgage, Inc. f/k/a Crestar Mortgage Corporation POWERS, KIRN & JAVARDIAN, LCC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669_>1 MARY F. KENNEDY, ESQUIRE Id. No. 77149 , kD rf,0N0TA ; `MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 21) 12 FEB 22 Arf I i : 19 SEAN P. MAYS, ESQUIRE Id No. 307518 1? 10 INDUSTRIAL BOULEVARD CUMBERLAND COUNTY 1 FLOOR. SUITE 101 PENNSYLVANIA SOUTHAMPTON, PA 18966 (215) 9=12-2090 SUNTRUST MORTGAGE, INC 1001 SEMMES AVENUE RICHMOND, VA 23224 vs. Robert Kohut Janice Kunkle 1363 Kiner Boulevard Carlisle. PA 17013 COURT OF COMMON PLEAS Cumberland COUNTY No.: 11-8505 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Robert Kohut and Janice Kunkle, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs darnages as follows: As Set forth in Complaint $138,149.88 Interest 10/18/2011 to 02/16/2012 2.037.64 TOTAL $140.187.52 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Gre ry J ar i n, Esquire Id. No. 55669 ?Mary F. Kenn y, Esquire Id. No. 77149 CMeghan K. Boyle, Esquire Id. No. 201661 C'Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff Damages are hereby assessed as indicated DATE.: GIU,50pd a,? 07R n PRO FROTHY o2-i?3y?v ? + POWERS, k IRN & JAVARDIAN, LLC B,Y: Gregory Javardian, Esquire ID No. 55669 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff SunTrust Mortgage, Inc. f/k/a Crestar Mortgage In the Court of Common Pleas Corporation CUMBERLAND COUNTY Plaintiff vs. No. 11-8505 CIVIL Robert W. Kohut Janice M. Kunkle Defendants Robert W. Kohut Janice M. Kunkle 1363 Kiner Boulevard 400 Independence Court Carlisle, PA 17013 Mechanicsburg, PA 17050 DATE OF NOTICE: December 20, 2011 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Phone: 717-243-9400 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 Gt Gr?goor favardian squire r Usted se encuentra en estado de rebeldia por no haber tomado la a ion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notifieaeion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para. tal servicio, vaya en persona o ]lame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN & JAVARDIAN, LCC GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1 s ` FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 ?lI W13 6 n No Coijy yL 11A ? T ' St-NTRtJST MORTGAGE, INC. COURT OF COMMON PLEAS vs. Cumberland COUNTY Robert Kohut No.: 11-8505 Janice Kunkle VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is 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) Defendant(s), Robert Kohut and Janice Kunkle, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, Robert Kohut, is over 18 years of age, and resides at 1363 Kiner Boulevard, Carlisle, PA 17013. (c) Defendant, Janice Kunkle, is over 18 years of age, and resides at 400 Independence Court, Mechanicsburg, PA 17050. (d) Plaintiff, SUNTRUST MORTGAGE, INC., is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 1001 SEMMES AVENUE, RICHMOND, VA 23224. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r? dGre?ory Ja, ar i ' , Esquire Id. No. 55669 ?Mary F. Ken y, Esquire Id. No, 77149 ?Meghan K. Boyle, Esquire Id. No. 201661 ?Sean P. Mays, Esquire Id. No. 307-418 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff e ry j� 4114 �-Z I f u P{� P - Jody S Smith I _7 Chief Deputy : vg Richard W Stewart °' CUMBERLAq GUL+� > Solicitor _ wt PEIMS ' D C to 'l Suntrust Mortgage, Inc. Case Number vs. 2011-8505 Robert W. Kohut(et al.) SHERIFF'S RETURN OF SERVICE 01/02/2013 05:10 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1363 Kiner Boulevard, Carlisle, PA 17013, Cumberland County. 01/02/2013 05:10 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Robert W. Kohut at 1363 Kiner Boulevard, Monroe Township, Carlisle, PA 17015, Cumberland County. 01/07/2013 03:48 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Janice M. Kunkle at 400 Independence Court, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Gregory Javardian, on behalf of Federal Home Loan Mortgage Corporation being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,021.38 SO ANSWERS, April 30, 2013 RbNW R ANDERSON, SHERIFF SUNTRUST MORTGAGE, INC. F/K/A COURT OF COMMON PLEAS CRESTAR MORTGAGE CORPORATION CUMBERLAND COUNTY VS. No.: 11-8505 Civil Robert W. Kohut Janice M. Kunkle AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1363 Kiner Boulevard Carlisle,PA 17013: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address(if address cannot be reasonably ascertained,please indicate) Robert W. Kohut 1363 Kiner Boulevard Carlisle, PA 17013 Janice M. Kunkle 400 Independence Court Mechanicsburg,PA 17050 2. Name and address of Defendant(s) in the judgment: Robert W. Kohut 1363 Kiner Boulevard Carlisle, PA 17013 Janice M. Kunkle 400 Independence Court Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address(if address cannot be reasonably ascertained,please indicate) Franklin Credit Management Corporation 101 Hudson Street Jersey City,NJ 07302 Franklin Credit Management Corporation c/o Mark J. Udren, Esq. Woodcrest Corporate Center 1 I 1 Woodcrest Road Cherry Hill,NJ 08003 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained,please indicate) Plaintiff. Community Bank of Northern VA 8150 Leesburg Pike Vienna,VA 22182 The Huntington National Bank, as Trustee for 7 Easton Oval Franklin Mortgage Asset Trust 2009-A Columbus, OH 43219 Suntrust Mortgage, Inc. 1001 Semmes Avenue P.O. Box 27767 Richmond,VA 23224-7767 Suntrust Mortgage, Inc. c/o Michele M. Bradford, Esq. 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained,please indicate) Cumberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle,PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle,PA 17013 PA Department of Public Welfare Health and Welfare Building--Room 432 Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg,PA 17105-2675 Asset Acceptance LLC 28405 Van Dyke Avenue Warren, MI 48093 Asset Acceptance LLC c/o Joel M. Flink, Esq. 1001 East Hector Street, Ste. 220 Conshohocken, PA 19428 Janice Kohut a/k/a Janice M. Kunkle c/o Sandra L. Meilton, Esq. 635 North 12th Street, Ste. 101 Lemoyne, PA 17043 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 Last Known Address(if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 1363 Kiner Boulevard Carlisle,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. 9GregA Javardian, s ' e Id.No. 55669 ❑Mary F.Kennedy, uire Id.No. 77149 ❑Meghan K.Boyle,Esquire Id.No. 201661 ❑Sean P.Mays, Esquire Id.No. 307518 ❑Richard J.Nalbandian,Esquire Id.No. 312653 Attorneys for Plaintiff September 26,2012 POWERS,KIRN&JAVARDIAN,LLC GREGORY JAVARDIAN,ESQUIRE Id.No.55669 MARY F.KENNEDY,ESQUIRE Id.No.77149 MEGHAN K.BOYLE,ESQUIRE Id.No.201661 SEAN P.MAYS,ESQUIRE Id No.307518 RICHARD J.NALBANDIAN,III,ESQUIRE Id No.312653 1310 INDUSTRIAL BOULEVARD 2nd Floor,SUITE 201 SOUTHAMPTON,PA 18966 (215)942-2090 SUNTRUST MORTGAGE, INC. F1KIA COURT OF COMMON PLEAS CRESTAR MORTGAGE CORPORATION CUMBERLAND COUNTY vs. No.: 11-8505 Civil Robert W. Kohut Janice M. Kunkle NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert W. Kohut Janice M. Kunkle 1363 Kiner Boulevard Carlisle,PA 17013 Your house(real estate) at 1363 Kiner Boulevard Carlisle PA 17013, is scheduled to be sold at Sheriffs Sale on MARCH 6,2013 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle,PA 17013, to enforce the court judgment of$140,187.52, obtained by SUNTRUST MORTGAGE,INC.FIK1A CRESTAR MORTGAGE CORPORATION, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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; 2215) 942-2090. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling(215)942-2090. 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 Powers, Kim&Javardian, LLC at(215) 942-2090. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff. 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. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717)249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with the improvements thereon situate in Monroe Township, Cumberland County, Pennsylvania,bounded and described as follows: BEGINNING at a nail in the centerline of Township Road No. 564 (Kiner Boulevard), on the Western line of a private right-of-way; thence along the latter, South 11° 35' 55"East, a distance of 590.33 feet to an iron pin on the line of land now or formerly of Dennis B. Gotthard; thence along the latter, South 80° 10' 00"West, a distance of 180.00 feet to an iron pin on the line of land now or formerly of Elmer R. Reed; thence along the latter,North 11° 33' 58"West, a distance of 597.13 feet to a nail in the centerline of said Township Road; thence along the latter,North 82°20' 02"East, a distance of 180.00 feet to a nail, the place of BEGINNING. CONTAINING 2.4500 acres and being described according to a survey for Lester E. Smith, et ux, by Eugene A. Hockensmith,R.S.,dated December 8, 1978. BEING THE SAME PREMISES which Harold S. Davis, Jr. and Linda L. Davis,husband and wife, by Deed dated May 8, 1997 and recorded May 15, 1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 157,Page 669, granted and conveyed unto Robert W. Kohut and Janice M. Kunkle,joint tenants with the right of survivorship. BEING KNOWN AS: 1363 Kiner Boulevard , Carlisle, PA 17013 PARCEL#22-25-0047-014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8505 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE S14ERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE,INC.F/K/A CRESTAR MORTGAGE CORPORATION Plaintiff(s) From ROBERT W.KOHUT,JANICE M.KUNKLE (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishees)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 Ievied 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: $140,187.52 L.L.:.50 Interest FROM 2/17/12 TO DATE OF SALE @$23.04 PER DIEM Atty's Comm: % Due Prothy:$2.25 Arty Paid: $239.50 Other Costs: Plaintiff Paid: Date: 10/1/12 David D. Buell,Prothonotary (Seal) P tv Azck Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN,ESQUIRE Address: POWERS, KIRN&JAVARDIAN,LLC 1310 INDUSTRIAL BOULEVARD 2ND FLOOR,SUITE 201 TRUE COPY FROM RECORD SOUTHAMPTON,PA 18966 In Testimony v4hereof,l here unto set my hand Attorney for: PLAINTIFF and the seal of said Court at Carlisle,Pa. This—/�—day of h&.Y20-.I A Telephone: 215-942-2090 Prothonotary Supreme Supreme Court ID No. 55669 ;t\ S � On October 25, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1363 Kiner Boulevard, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 25, 2012 By: YL-) y Real Estate Coordinator 80 :b V Z- 1001101 r CUMBERLAND LAW JOURNAL Writ No. 2011-8505 Civil Suntrust Mortgage,Inc. vs. Robert W. Kohut, Janice M. Kunkle Atty.: Gregory Javardian ALL THAT CERTAIN tract of with the improvements thereon situate in Monroe Township, Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at a nail in the cen- terline of Township Road No. 564 (Kiner Boulevard), on the Western line of a private right-of-way;thence along the latter,South 1135 55 East, a distance of 590.33 feet to an iron pin on the line of land now or formerly of Dennis B. Gotthard;thence along the latter, South 80010'00"West,a distance of 180.00 feet to an iron pin on the line of land now or formerly of Elmer R. Reed; thence along the latter, North 11 33 58 West, a dis- tance of 597.13 feet to a nail in the centerline of said Township Road; thence along the latter,North 82 20 02 East,a distance of 180.00 feet to a nail,the place of BEGINNING. CONTAINING 2.4500 acres and being described according to a survey for Lester E.Smith,et ux,by Eugene A.Hockensmith,R.S.,dated Decem- ber 8, 1978. BEING THE SAME PREMISES which Harold S.Davis,Jr.and Linda L.Davis,husband and wife,by Deed dated May 8, 1997 and recorded May 15,1997 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 157, Page 669, granted and conveyed unto Robert W.Kohut and Janice M. Kunkle,joint tenants with the right of survivorship. BEING KNOWN AS: 1363 Kiner Boulevard,Carlisle,PA 17013. PARCEL#22-25-0047-014. 74 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1, and February 8,2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. Li a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this L=Notary 2013 NOTARIAL SEAL D EBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 I i g11R� cw Robe�tWr Kohut JOT&O tA,Ku4w Attr. Gir�9°111 ALL nw CERAIN 4wM& it the t10l, MA E17)�G at a nark in the centedin eof 1bwuship Road NO.564 r evmd)' on the Western lime of a pm'ate'0 thencx ai8 the lgtter,South 11 35 war,SS East,a dtstance of 590.33 feet to an iron pin on the line of land now or form ly DennisB.a tthard thencealougtof South 80010 OQ"West,a 180.00 feet to an von pu►on °�thence navy or.for —I of ElnneIR. Real thence along the latter,North 1133 581kst,a distance of 597.13 feet to a nark m the of saidTownshil R — of 180.00 82 20 02 East,a d North e a nail,the place of BEGINNd Being • CONTAINING'245 for Lester g pith; mitb etua bS"Engepe A li+ RS.,dated December 8,1978. BEIPIG THE SAM Harold S.Davis,Jr-and Lima I» ° husband and Wife,by Deed dated May May 15,1 9 and for 8 �oand he r of vie Cumberland Covey in T�Boo'- unto 157,Page 569,granted and curve Robert W Kohut and 7an�e M.Kunkle, joint ton the t of 136 Kmer BEING KNOWN Boulevard,Carlisle,PA 17013 PARCEL-#2215.0047.014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews Suite 300 Mechanics4urg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATIO COPY This ad ran on the date(s)shown below: 01/22/13 01/29/13 02/05/13 Sworn to a d u scribed before me this 14 day of February, 2013 A.D. N Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Holly Lynn Warfel,Notary Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 c � MEMBER,PENNSYLVANIA ASSOaATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mortgage Corporation is the grantee the same having been sold to said grantee on the 6th day of March A.D.,2013,under and by virtue of a writ Execution issued on the 1 st day of October, A.D., 2012,out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8505, at the suit of Suntrust Mortgage Inc. F/K/A Crestar Mortgage Corporation against Robert W. Kohut and Janice M. Kunkle is duly recorded as Instrument Number 201314817. IN TESTIMONY WHEREOF,I have�ereunto set my hand and seal of said office this day of A.D. Recorder of Deeds ?'ecorder of Deeds, Caurdy,Cart�sle,PA qty Commission W the Fist Monday of Jan.2014