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Home My WebLink About12-0342SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'l Sheriff i ,?V- ,(jjy0t? , 11 ? ??sttr r( Cittttbr.'t44 Jody S Smith Chief Deputy ?O PIK 12 Richard W Stewart Solicitor OFFZEOF --ES-ERIFF ?SY?L'qANtA Suntrust Mortgage Inc vs. Case Number Becky Jo Hopkins 2012-342 SHERIFF'S RETURN OF SERVICE 01/30/2012 07:17 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2012 at 1917 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Becky Jo Hopkins, by making known unto herself personally, at 516 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $45.00 February 01, 2012 DEN FRY, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenff. Teleosoft. Inc PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. BECKY JO HOPKINS 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 BECKY JO HOPKINS, 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 TOTAL F i fiorney for Plaintiff ? 2 ta, 30 AEI 10: vu ?-:iji-,GFRLAND COUNTY I'IF i? rSY! VANIA : CUMBERLAND COUNTY . COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-342-CIVIL $148,505.79 $148,505.79 I hereby certify that (1) the Defendant's last known address is 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215, and (2) that notice has been given in accordance with amt ark M tthe rushwood, Esquire Ra7.?17 8 Attorney for Plaintiff° 4a DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: _ .a Rule Pa.R.C.P 237.1. Date PHS # 280491 PROTHONOTARY 280491 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. BECKY JO HOPKINS Attorney for. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-342-CIVIL AFFIDAVIT 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant BECKY JO HOPKINS is over 18 years of age and resides at 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date l Matt w rushwood, Esquire Attorney for Plaintiff 280491 (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. BECKY JO HOPKINS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-342-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on J301ta By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** SUNTRUST MORTGAGE, INC. Plaintiff v_ BECKY JO HOPKINS Defendant(s) TO: BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 DATE OF NOTICE: NO. 2012-342-CIVIL COURT OF COMMON PLEAS CIVIL DIVISON 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 WELL 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. MRORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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. 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 zc-:--'' By: - Dana Ostro sk , Esquire Attorney fo intiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 MIS # 280491 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff v BECKY JO HOPKINS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-342-CIVEL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/31/2012 to Date of Sale ($24.41 per diem) TOTAL Note: Please attach desc PHS # 28049!1 *018.50 q5. oo 103•?S 1(0.5 A-SO to&. 015 ription of property. PA A'T'E! CMF' - PA A7 Y .5a u 6*1tgaaRq elk a7W1y kE wr44W' WQo $148,505.79 c . 3881.19 cn f $152,386.98 in-Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff V) N ? O y O cd p"' V] N ? rTW? ? rYi ^7 ? a fW? 3 0 C) ¢ a ?? w? 00 a z 00 a . w w o o Oa az a? W O Ud' ? o H d ? ° ? U C7 z. ? ?" 8 w HA 04. OCd a0Cd r- O O Q .r Fa w w = Vl PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff V. BECKY JO HOPKINS Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-342-CIVIL CUMBERLAND COUNTY CERTIFICATION 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By ?tf?i"an Hallinan & Schmieg, LLP ?dbn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff r v.i - CV` `- + r- 7 _ C7, ?- SUNTRUST MORTGAGE, INC. Plaintiff v. ; 4 BECKY JO HOPKINS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-342-CIVIL CUMBERLAND COUNTY PHS # 280491 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 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) a ZT: ' 7 rn L C BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 !?;' >c-, - ° 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably - ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment cre ditor whose judgment is a record lien on the real prop erty to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be + reasonably ascertained, please indicate) TENANT/OCCUPANT 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Departments of Welfare Internal Revenue Service Advisory 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: .S 'p By ifi Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 2012-342-CIVIL BECKY JO HOPKINS Defendant(s) CUMBEI N CObNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTXv - L TO: BECKY JO HOPKINS 516 CAROL STREET ` NEW CUMBERLAND, PA 17070-1215 "THIS FIRM IS A (DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $148,505.79 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.) Y STILL BE ABLE TO SAVE YOUR PROPERTY AND YO IF 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 vou. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 J SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-342-CIVIL SUNTRUST MORTGAGE, INC. vs. BECKY JO HOPKINS owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) T. NEW CUMBERLAND, PA 17070-1215 Parcel No. U-23-0543-074. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $148,505.79 Phelan Halligan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection of the southern line of Carol Street and the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner South 35 degrees 00 minutes East a distance of 130.00 feet to a point on the northern line of a 20.00 foot side alley; thence along said northern line South 55 degrees 00 minutes West a distance of 50.00 feet to a point; thence North 35 degrees 00 minutes West a distance of 130.00 feet to a point on the southern line of Carol Street aforesaid; thence along said southern line of Carol Street North 55 degrees 00 minutes East, a distance of 50.00 feet to a point, the place of BEGINNING. BEING Lot No. 1 on the final subdivision plan for Carl B. Sarvis as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 46, Page 68. HAVING thereon erected a two story brick dwelling house . UNDER AND SUEJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TITLE TO SAID PREMISES VESTED IN Becky Jo Hopkins, single woman, by Deed from William D. Rule and Beth A. Hopkins, h/w, dated 10/29/2008, recorded 11/04/2008 in Instrument Number 200836188. PREMISES' BEING: 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215 PARCEL NO. 26-23-0543-074. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-342 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From BECKY JO HOPKINS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee!, and is enjoined as above stated. Amount Due: $148,505.79 L.L.: $.50 Interest from 3/31/12 to Date of Sale ($24.41 per diem) -- $3,881.19 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $196.25 Other Costs: Plaintiff Paid: Date: 6/112012 David D. Buell, Prothonota, (Seal;- By: Deputy REQUESTING PARTY: Name': JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 iL~D-Q~~~ fC,~: PHELAN HALLINAN & SCHMIEG,1~~,~ Q~~ E 3 ~~ ~~° ~ ~ttorney for Plaintiff John Michael Kolesnik, Esq., Id. No.30 ~ , 1617 JFK Boulevard, Suite 1400 ; ~ERLA~iD CUNT One Penn Center Plaza ~'ENNSYLVANIA Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff, v. BECKY JO HOPKINS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attached~ety~Fjxhibit "A". CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 2012-342-CIVIL hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not press at the sale. Date: ~~T- PHS # 280491 ~o r ~ m J O~ VI A W N ~+ ",3 `~., 7. cu ~ ~ a °~ ~ a _~ n n ' o »• x• x- x• x- x- x- x- x• ~ x• ~ x- x• x- x- x- x• w ~- x• co z x- x• x- x- x- x- x- c ., ~o ~ x~N~~c bo~ xbcn nw~d ~~bd xd~n 2~y z n w Cr1 ~ O 00 d Cn Cn ^' O .. 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O w p ~ s H H'pw.~ N v' . v a S' O O < o n n ~ ° ' a ~ 3 = n ~ > > a 0 w ~ c o n T 3 xc a ~ C h ~ n 3 ~ ~ p ?~. 0' . n ~ d _ o ~ ~ n ~ _ o c a ,~ g w. a m ~ rv ......._..,_...___ ..__..__,._, ... ----._...--- - w`< "'o ~ o 0 3 p ~ o n m a ~ c w ~ s m a ~.n ~ (D ., o . ~vp, H ' a R N X 3 '~, 3 H 3 _•~3 ^ ^ ~. _ i f~~ ~! ~~ ~3 ~ '~ i ~ io o`~ ~ ~~q. '•. a~' ^~ t ~ "'iT _ o ° ~. o ~ ! Wit. S ~~ ,j oaz ^n O. w v, a ~ ~t ~ ~p fD O N a ~ ~ a 1 o~~ (D ~ J ~ ~ ~ ~ ~ ~ O N• ~~~ < ~ b w N ~ n w ~ c y• io vo ~r o ~-. o ,.ti .~¢~b . ~ ~- .~ ~ r.., ~t~r`"rt:~~.~~~. t ~E~~t1~YLY~~P~a TY Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. BECKY JO HOPKINS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:2012-342-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES 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 January 26, 2012. 2. Judgment was entered on March 30, 2012 in the amount of $148,505.79. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 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 28049 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 September 5, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $143,583.98 Interest Through September 5, 2012 $12,811.46 Per Diem $24.52 Late Charges $136.68 Legal fees $1,300.00 Cost of Suit and Title $578.75 Escrow Deficit $1,878.49 TOTAL $160,289.36 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 Defendant. 8. 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 its proposed Motion to Reassess Damages and Order to the Defendant on August 8, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 "B". 10. No judge has previously entered a ruling in this case. 28049f1 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallin Schmieg, LLP DATE: ~ ~ By: att e z squire ATTO R PLAINTIFF 280491 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. BECKY JO HOPKINS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:2012-342-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BECKY JO HOPKINS 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. Plaintiff s Note was secured by a Mortgage on the Property located at 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215. The Mortgage indicates that i 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not 28049 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 ar~ outdated and need to be adjusted to include current interest, real estate taxes, insurance premium, i costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgag~ in order to protect its interests. It is also appropriate to give Defendant credit for monthly payment 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 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 28049( i 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor 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 mortgagor has 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 28049 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 Defendant shall promptly pay when due the principa~ and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be i 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. 28049 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 Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 !, Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure ', lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney 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. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 28049 Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred ir~ 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 28049 ~I 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. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 28049. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. 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 b}~~ 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 i recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Ph H an & Schmieg, LLP DATE: U ~ I~ By• Ma ew wood, Esquire 28049 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 At#"o`mey for Plaintiff ~~~~ EG°~ 30 ,~;910~ 56 i:11•iBEnL/;ND COUttiTY .~~ F~l>syt_vaNla SUNTRUST MORTGAGE, INC. vs. BECKY JO HOPKINS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.2012-342-CIVIL 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 BECKY JO HOPKINS, 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 TOTAL I hereby certify that (1) the Defendant's last known address is 516 CAROL STREET, NEW CUMBERLAND, PA 17070-1215, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. ~~ Date C~~ M tthe rushwood, Esquire 'R Attorney for Plaintiff ~' $148,505.79 $148,505.79 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: b ~ ~ ~ ~ ~~ PHS # 2250491 PROTHONOTARY IGsa~~ 117/ j~ ~a~a,-,~ 28049] Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (2l 5)563-7000 FAX#: (215) 563-3459 Phelan Hallman & Schmieg, L.LP Representing Lenders in Pennsylvania and New Jersey August 8, 2012 BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 RE: StTN"TRUST MORTGAGE, INC. v. BECKY JO HOPKINS Premises Address: S I6 CAROL STREET NEW CtIMBF,RLAND, PA 17070 CUMBERLAND County CCP, No. 2012-342-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I ain seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by August 13, 2012. Should you. have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e •v v •'o rs, 1~ '~'i iti ~ ~t~iish r od, Esquire Attorney fi'~ f? ~ nt i I'i' F,nclosure 280491 Name and Phelan liallinan & Schmieg, LLP Address` ~ 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plata Philadeh>bie. PA 19103 AMO Line Article Number Naase of Add 3t sad Past Oftke Addren Pos e 1 ••*• BECKY JO HOPKIlVS 50.45 516 CAROL STREET NEW CLIMB PA 17070.1215 RE: BECKY JO HOPKIIVS CUMBERLAND PHSfI 280491 Pa e 1 of 1 50.43 TaW NmEer of SoW Nueher of P'ieoea Paaoraer,l'er (Noce of T6a W11 deakrWeo of valae 6 rt~mad m nE domeaic and iinenraonal rc wtul. The mnnimua T ieoea l,ielad 63 Sander Rateiwd a Aoa Oniea Rnoaivia{ Empbyee) far tlo ieeoiuuvnion of rooneaodrEk dowmrnu ender Eaprsw Md doeumaa rooamrroction irounn pace abject b a lirnh of 5500,000 po oearnranoa. Tha nndoun indaurity pryaAk on Expmr Mail The oououm 6demniry pgvWe 6523.000 fa re0iaaed ool, fan whF aDtipri rnwrarwe. See Don R900 5913 and 5921 Ot IiroiWbro of eoan ;~1 C t !v N ~ ~Ra _~ ~o N b °n~ ~f NO Op 280491 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. BECKY JO HOPKINS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-342-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 Phelan & Schmieg, LLP DATE: ~ d BY~ Ma wood, Esquire AT FOR PLAINTIFF 280491 r , h r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County BECKY JO HOPKINS No.: 2012-342-CIVIL Defendant RULE AND NOW, thisday of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 2? J. S 280491 Matthew Brushwood, Esq., Id. No.310592 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? BECKY JO HOPKINS SUNT 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 /A BECK A1lL AND to show c ')amages. Defends aintiff's A )tion to M 280491 280491 _ __ _ _ _. __ t~ r~~~~~MOtA~'t~t ~` ~4 f Z~t2 AUG 31 AM t0~ 29 M `~~ ~~ SY VA~A ~Y Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County BECKY JO HOPKINS No.:2012-342-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 21, 2012 Rule d. the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. BECKY JO HOPKINS 516 CAROL STREET NEW CUMBERLAND, PA 17070-1215 Ph inan & Schmieg, LLP DATE: By. a e hwood, Esquire Atto for Plaintiff 2804