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Home My WebLink About12-0708PHELAN HALLMAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. WILLIAM J. CORBETT, IV JENNIFER A. CORBETT 12 WILLOW WAY DRIVE ENOLA, PA 17025-2093 Defendants FILED-OFFICE OF THE PROTHONOTARY 2012 FES -6 AM 9: 43 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MINSYLVAN A COURT OF COMMON PLEAS CIVIL DIVISION TERM No. IF CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 271820 a) OA+a?os.?spd ath? 12k c)-7o?a/ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File k 271820 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM J. CORBETT, IV JENNIFER A. CORBETT 12 WILLOW WAY DRIVE ENOLA, PA 17025-2093 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/07/2005 WILLIAM J. CORBETT, IV and JENNIFER A. CORBETT made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1894, Page 400. By Assignment of Mortgage recorded 05/18/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201114263. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 271820 by written notice sent to Mortgagor, the entire principal balance and all interest due 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 06/03/2011: Principal Balance $194,841.05 Interest $3,881.02 02/01/2011 through 06/03/2011 Late Charges $370.92 Property Inspections $15.00 Mortgage Insurance Premium / $188.40 Private Mortgage Insurance Subtotal $199,296.39 Escrow Credit 389.56 TOTAL $198,906.83 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in Rersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 271820 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $198,906.83, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHEL AN & SCHMIEG, LLP By . Cusick, Esquin ., No, 193 Attorney for Plaintiff File #: 271820 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described according to a certain Final Plan for Penn Valley, Phase II, prepared by Hartman & Associates, Inc., Engineers and Surveyors, Camp Hill, Pennsylvania, dated October 16, 1995 and last revised November 2, 1995 and recorded in Plan Book 71, Page 102, as follows, to wit: BEGINNING at a point on the southeast side of Willow Way Drive and a corner of Lot No. 144; thence extending along said lot South 09 degrees 00 minutes 00 seconds east 100.00 feet to a point in line of lands now or late of Gilbert N. Derick; thence extending along said land South 81 degrees 00 minutes 00 seconds West 80.00 feet to a point a corner of Lot No. 142 on said plan; thence extending along said lot North 09 degrees 00 minutes 00 seconds West 100.00 feet to a point on the southeast side of Willow Way Drive; thence extending along said drive North 81 degrees 00 minutes 00 seconds East 80.00 feet to the point and place of BEGINNING. BEING Lot No. 143 Containing 8,000 square feet PROPERTY ADDRESS: 12 WILLOW WAY DRIVE, ENOLA, PA 17025-2093 PARCEL # 09-14-0835-238 File #: 271820 VERIFICATION hereby states that he/she is Q of, C, fa?'r?c h? SUNTRUST MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: q ZT- SUNTRUST MORTGAGE CORPORATION File #: 271820 Name: CORBETT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Suntrust Mortgage Inc vs. William J. Corbett, IV (et al.) 4ti«ttr of 4Rrtt+Gr?r? "H E:D+ -Or F ICA rF I'HE PR, CTIfOFJO?Ak . IM2 FEB 16 PM 2: 06 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2012-708 SHERIFF'S RETURN OF SERVICE 02/10/2012 07:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2012 at 1905 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William J. Corbett IV, by making known unto himself personally, at 12 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 02/10/2012 07:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2012 at 1905 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer A. Corbett, by making known unto William J. Corbett IV, Husband of Defendant at 12 Willow Way Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $59.00 February 14, 2012 NOAH CLINE, DEPUTY SO ANSWERS, RbNIN? R ANDERSON, SHERIFF .?cirir to 5h2r'f frr soil. InL. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AM For Plaintiff I 1?*YI APP, -5 AM 10: 08 SUNTRUST MORTGAGE, INC. i- l # M 1FK c(KW Plaintiff ;.E NSYLVANiA : I Civil Division vs WILLIAM J. CORBETT, IV JENNIFER A. CORBETT Defendant Pleas CUMBERLAND County : I No. 2012-708-CIVIL TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: 4bblid-, PHS# 271820 HELAN ALLINAN & SCH EG, UP 13y: Lawrence T. Phelan, Esq., Id. No. 322 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ; Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 30891 Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff vs WILLIAM J. CORBETT, IV JENNIFER A. CORBETT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 2012-708-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: WILLIAM J. CORBETT, IV JENNIFER A. CORBETT 12 WILLOW WAY DRIVE ENOLA, PA 17025-2093 Date: By. ??' ?-• Lawrence T. Phelan, Esq., Id. No. 32 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman. Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq.. Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attomey for Plaintiff