Loading...
HomeMy WebLinkAbout12-6099~~l1 ACT - I l~~ 9: 3~ '~`~'~`i~RL~+~D COUP~Ti' ~ENNS YLVgN-q PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 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. JOHN PAUL REEDER PAMELA IRENE REEDER 414 NEALY ROAD NEWVILLE, PA 17241-9472 Defendants 257699 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM^ O~ NO. o~' ~~ `~ r~ t CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 257699 o~}•lo~~s~x! aHy (;-~-t ia~~a~ K~ ast~i~ Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The names and last known address of the Defendants are: JOHN PAUL REEDER PAMELA IRENE REEDER 414 NEALY ROAD NEWVILLE, PA 17241-9472 who are the mortgagors and real owners of the property hereinafter described. 3. On 09/26/2006 JOHN PAUL REEDER and PAMELA IRENE REEDER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1967, Page 0783. By corrective Assignment of Mortgage recorded 06/06/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded at Assignment of Mortgage Instrument No. 201216819. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such paymentsafter a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 257699 written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 09/26/2012: Principal Balance $210,684.61 Interest @ 6.87500% $33,582.44 06/01 /2010 through 09/26/2012 Late Charges $1,083.45 Property Inspections $262.00 Escrow Deficit $15,933.29 TOTAL $261,545.79 7. Plaintiff is not seeking a judgment of personal liab ility (or an in personam judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $261,545.79, 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. File #: 257699 LEGAL DESCRIPTION ALL that certain lot or tract of land situate in North Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a Subdivision Plan for Larry E. Foote, Sr. and H. David Miller, Jr., as recorded in Cumberland County Plan Book 63, Page 19, as follows: BEGINNING at a Parker Kalon nail in Nealy Road (T-353), at the northwestern corner of Lot No. 5 as shown on the above-described subdivision plan; thence by said Lot No. 5, South 37 degrees 29 minutes 47 seconds West 585.00 feet to an iron pin thence by Lot No. 1 as shown on the above-described subdivision plan, North 52 degrees 30 minutes 13 seconds West 150.00 feet to an iron pin at the southeastern corner of Lot No. 7 as shown on the above-described subdivision plan; thence by said Lot No. 7, North 37 degrees 29 minutes 47 seconds East 585.00 feet to a Parker Kalon nail in Nealy Road (T-353); thence in said road, South 52 degrees 30 minutes 13 seconds East 150.00 feet to a Parker Kalon nail in said road, the point and place of BEGINNING. CONTAINING 2.01 gross acres and being designated as Lot No. 6 as shown on the above- described subdivision plan. BEING known and numbered as 414 Nealy Road, Newville, Pennsylvania. TOGETHER with and under and subject to notations as shown on said plan. File #: 257699 UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record, to the extent valid and enforceable and still applicable to the above described premises. BEING the same premises which David A. Horst and Martha Yvonne Horst, husband and wife, by their Deed dated October 21, 2002 and recorded November 1, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, in Deed book 254, Page 1756, granted and conveyed unto David A. Horst and Martha Yvonne Horst, husband and wife, Grantors herein. PROPERTY ADDRESS: 414 NEALY ROAD, NEWVILLE, PA 17241-9472 PARCEL # 30-09-0513-024. File #: 257699 VERIFICATION ® 1 lY~//~ /t ~ ,hereby states that he/she is of SUNTRUST MORTGAGE, INC., 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 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: ~ ~Z File#: 257699 Name: REEDER ~~~ N ~~~ra ~p,b ~~~~ Title: SUNTRUST MORTGAGE, INC. File #: 257699 ~'.~ ~s' C f ~,.. _ ~ ~~t ~~,~:~ ~fl*a~~~T~a, ~~I~ OCT - I ~1~ 9~ 33~ ~~'~`~t~L,~ND COUNTY ~CNNSYLYANIA SUNTRUST MORTGAGE, INC. REEDER, JOHN PAUL REEDER, PAMELA IRENE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~' ~~~ivil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: Signature o nsel f r Plaintiff ~l Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your .Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: State: Zip: Yes ^ No ^ Listing date: Price: $_ Realtor Phone:_ Yes ^ No ^ Home: Cell: Office: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: First Mortgage Lender: Loan: Loan Number: Second Mortgage Lender: of Loan: Loan Number: State: Zip: How long? Date you Closed Your Loan: Type of Type Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: l~rimary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: ValnP• Automobile # 1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other trans ortation automobiles boats motorc cles : Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Ezaenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2" Mortga a Utilities Car Payment(s) Condo/Nei .Fees Auto Insurance Med. (not covered) Auto fuel/re airs Other prop. payment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: fIave you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOtICItOr .. tJ. ~ f' ii (~ 1 1 i w% ~ J I.I~ ~~. 2~ 12 DCT 3 I PSI 3~ 1 F ~i~r~,~E~~~~~ cr~u~r~, ~'FPd'~SYLV~HI~, Suntrust Mortgage, Inc. vs. John Paul Reeder (et al.) Case Number 2012-6099 SHERIFF'S RETURN OF SERVICE 10/08/2012 Roriny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Pamela I. Reeder, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Pamela I. Reeder. Request for service at 414 Nealy Road, Newville, Pennsylvania 17241 is vacant. The Newville Postmaster has confirmed, Pamela I. Reeder has moved and left no forwarding address. 10/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John P. Reeder, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant John P. Reeder. Request for service at 414 Nealy Road, Newville, Pennsylvania 17241 is vacant. The Newville Postmaster has confirmed, John P. Reeder has moved and left no forwarding address. 1 0/1 71201 2 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 17, 2012 at 2037 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: John P. Reeder, by making known unto himself personally, at 322 S. Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Deputies attempted service at 2 Rush Drive, Apartment 201, Carlisle, Pennsylvania 17013, but were advised by the leasing office of this residence John P. Reeder was the previous tenant ending occupancy approximately one month earlier. 10/17/2012 08:37 PM -Ronald Hoover, Deputy :iheriff, who being duly sworn according to law, states that on October 17, 2012 at 2037 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Pamela I. Reeder, by making known unto John P. Reeer, Husband of Pamela I. Reeder at 322 S. Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Deputies attempted service at 2 Rush Drive, Apartment 201, Carlisle, Pennsylvania 17013, but were advised by the leasing office of this residence Pamela I. Reeder was the previous tenant ending occupancy approximately one month earlier. SHERIFF COST: $110.00 October 22, 2012 _ _ ., '" RONALD HOOVER, DEPUTY SO ANSWERS, RONN R ANDERSON, SHERIFF ?,- THE P? Q 7 ?? tGr NOTARY PHELAN HALLINAN, LLP ZY 12 DEC 18 00 "Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 C{JIS RL..AND COUNTY One Penn Center Plaza PI`S S YLVANIA Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC vs. JOHN PAUL REEDER PAMELA IRENE REEDER Attorney for Plaintiff : CUMBERLAND COUNT17 : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-6099-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 JOHN PAUL REEDER and PAMELA IRENE REEDER, Defendants 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 $261,545.79 $261,545.79 I hereby certify that (1) the Defendants' last known addresses are 414 NEALY ROAD, NEWVILLE, PA 17241-9472 and 322 S SPRING GARDEN ST, CA LISLE, PA 17013-2554, and (2) that notice has been given in accordance with Rule Pa. 37.1. Date i a Za ar es, sq., Id. No.3107210.?1? s0? A 0 or aintiff iassy?3 DAMAGES ARE HEREBY ASSESSED AS INDIC ED. 9- yyl Noh'cs m 7) DATE: _ ?o? a Pxs # 257699 ?OTHONOTA 257699 PHELAN HALLINAN, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. VS. JOHN PAUL REEDER PAMELA IRENE REEDER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-6099-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 defendants JOHN PAUL REEDER and PAMELA IRENE REEDER 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 JOHN PAUL REEDER A/K/A JOHN P. REEDER is over 18 years of age and the last known addresses of the defendant are 414 NEALY ROAD, NEWVILLE, PA 17241-9472 and 322 S SPRING GARDEN ST, CARLISLE, PA 17013-2554. (c) that defendant PAMELA IRENE REEDER A/K/A PAMELA I. REEDER is over 18 years of age and the last known addresses of the defendant are 414 NEALY ROAD, NEWVILLE, PA 17241-9472 and 322 S SPRING GARDEN ST, CARLISLE, PA 17013-2554. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to anthnritiec Date ?1 257699 Department of Defense Manpower Data Center taws Report want to Servicemembffs (civil Relief Act Last Name: REEDER First Name: JOHN Middle Name: PAUL Active Duty Status As Of: Dec-13-2012 Results as of : Dec-13-2012 12.03*42 SCRA 2.3 On Active Doty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Comp-ent NA- NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service. Component NA NA N. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or Hts/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date : Ct4er Notification End Date F Status Service Component - NA _ NA No NA This response reflects whether the individual or his/her unit has received sarly ricttCcdtion to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. -)Of yE, 4 y6t Mary M. Snavely-Dixon, Director II Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. VS. JOHN PAUL REEDER PAMELA IRENE REEDER CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-6099-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on $ 1 './ ?1 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 X * 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, B(IT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 257699 SUNTRUST MORTGAGE, INC. Plaintiff V, JOHN PAUL REEDER PAMELA IRENE REEDER Defendant(s) TO: JOHN PAUL REEDER 414 NF.ALY ROAD NEWtiILLE, PA p17241-9472 DATE OF NOTICE:, (I ?- , COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-6099-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMP'T' TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PL,`RPOSE. 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. IMPORTANT NOTICE YOU ARE. IN DEFAULT BECAUSE YOU HAVE, FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR'T' 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 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7I7) 249-3166 By: )66 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 P1 IS # 25 7699 SUNTRUST MORTGAGE, INC. Plaintiff V. JOHN PAUL REEDER PAMELA IRENE REEDER Defendant(s) TO: • JOHN PAUL REEDER 322 S SPRING GARDEN ST CARLISLE, PA 17013-2554 DATE OF NOTICE: 3 COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-6099-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEC'T' THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF, YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE fN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENTFORCHIMEN"T OF LIEN AGAINST PROPERTY. IMPORTANT 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 BY: # j Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP 1617 .IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 MIS # 2576;99 SUNTRUST MORTGAGE, INC. Plaintiff V, JOHN PAUL REEDER PAMELA IRENE REEDER Defendant(s) TO: . PAMELA IRENE REEDER 414 NEALY ROAD NEWVILLE, PA 17241-9472 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-6099-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT 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 WITHINTEN 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 AGENCIFS 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 LIBER'T'Y AVENUE CARLISLE, PA 17013 017+7) 2j49-3166 ! , } By:#s1!/Ie?1?ltJ Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallman, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 257699 SUNTRUST MORTGAGE, INC. Plaintiff V. JOHN PAUL REEDER PAMELA IRENE REEDER Defendant(s) TO, PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE, PA 17013-2554 DATE, OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-6099-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FARED 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 By - )-er'edith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191.03 PHS # 2.57699 AFFIDAVIT OF SERVICE(FNMA) • PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PHS#257699 Z-- c'' DEFENDANT SERVICE TEAM/lxh -c7 JOHN PAUL REEDER COURT NO.:12-6099-CIVIL : t PAMELA IRENE REEDER SERVE PAMELA IRENE REEDER AT: TYPE OF ACTION ,,, 322 S SPRING GARDEN ST XX Notice of Sherif'f's Sale CARLISLE,PA 17013-2554 SALE DATE: June 5,2013 ` , SERVED Served and made known to PAMELA IRENE REEDER,Defendant on then day of 20 C_-?at J��r clock f M.,at 2a s i(1A W A'in the manner described below: Defendant pdrsonally served, r _Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other: Description: Age at Height Weight I d Race CIL Sex Other I, eAt - s__, a competent adult,hereby verify that I personall handed a true and correct copy of the Notice of Aeriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: -3 3 NAME: 1 PRINTED NAME: TITLE: rocw 37 ryef— ' NOT S RUED On the day of 20—,at o clock .M.,I, a competent adult hereby state thatZSe�endant NOT FOUND because: Vacant —Does Not Exist _Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • AFFIDA OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PHS#257699 DEFENDANT SERVICE TEAM/M JOHN PAUL REEDER COURT NO.:12-6099-CIVIL PAMELA IRENE REEDER SERVE JOHN PAUL REEDER AT: TYPE OF ACTION C:� C- 322 S SPRING GARDEN ST XX Notice of Sheriff's Sale 3p:r CARLISLE,PA 17013-2554 SALE DATE: June 5,2013 SERVED Served and made known to JOHN PAUL REEDER, ndant on the -S day of 20 at PM.,at r, in the manner described below: o'clock Xr C!11 I Defendant p9rsonally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight /90 Race Sex rO Other 4e f,1 ty - -P JF a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. NAME: AME: PRINTED NAME: rumafrl &CA V-s TITLE:--oroce Nr S'erve-r J .- NOT SERVED On the dav of 20 ,at o'clock_.M.,1, a competent adult hereby state thaf-DWendant NOT FOUND because: Vacant —Does Not Exist Moved —Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 Phelan Hallman, LLP OF THE ?ROTHONOTAWY 15 km I I w v. 03 Justin F. Kobeski, Esq., Id. No.200392 13 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 UnosyLVARI ERLA14D COUIATY One Penn Center Plaza G A. Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I Plaintiff commenced this foreclosure action by filing a Complaint on October 1, 2012. 2. Judgment was entered on December 18, 2012 in the amount of$261,545.79. 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 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 Sheriffs Sale on June 5,2013. 257699 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $210,684.61 Interest Through May 13, 2013 $42,722.95 Late Charges $216.69 Legal fees $1,300.00 Cost of Suit and Title $928.75 .Mortgage Insurance Premium/Private Mortgage Insurance $4,691.20 Escrow Deficit $14,488.89 TOTAL $275,033.09 6. Plaintiff paid the following in taxes and insurance during the time the loan Was in default: 8/2/2010 SCHOOL TAX $157.96 8/31/2010 HAZARD INSURANCE $566.92 4/20/2011 CITY TAX $460.78 8/5/2011 SCHOOL TAX $2,598.84 11/18/2011 HAZARD INSURANCE $2,585.60 1/27/2012 HAZARD INSURANCE $2,656.30 4/5/2012 CITY TAX $439.30 8/1/2012 SCHOOL TAX $2,655.99 11/21/2012 HAZARD INSURANCE $2,367.20 TOTAL $14,488.89 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personll liability, as addressed in Plaintiff's attached brief. 257699 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 28, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit `B". 11. No judge has previously entered a ruling in this case. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: ---� By: Justin F obeski, squire ATT EY FOR PLAINTIFF 257699 Phelan Hallman, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : Court of Common Pleas; Plaintiff ; Civil Division V. CUMBERLAND Count JOHN PAUL REEDER PAMELA IRENE REEDER : No.: 12-6099-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINT'IFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JOHN PAUL REEDER and PAMELA IRENE REEDER executed a Promissory Note agreeing to pay principal, interest, late charges,real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured b�a Mortgage on the Property located at 414 NEALY ROAD,NEWVILLE, PA 17241-9472 The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance a0y necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default woul4 not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered b the Court and the Property perty is currently scheduled for Sheriffs Sale. 257699 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection,and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit fiat monthly payments tendered through bankruptcy,if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFFS IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to!control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 PlI .E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Qhgae 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. 11998). 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.Ban l ,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff Must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2:A.2d 826(1939). Because ajudgment 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 ggglity 257699 Company v. Bums,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 advanoed to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 2571Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of Orincipal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage,and Plaintiff has been forced to incur, significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to t,*e the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortg4ge foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037(1993). Signal Co 257699 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 judgmenI I t is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to b'R*d on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from'3O days prior to the date of default through the date of the impending Sheriff's sale has been request I ed. 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 premj I ums. 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. 257699 V1. ATTORNEY'S FEES The Plaintiffs 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, Rule1237.1 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 con4luded 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 of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. S4�per. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent i0cluded in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville Hapton R_ eAt 662 A.2d 1120(Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 257699 V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as P�RCR 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 Sherift, s sale purchaser acquires clear title to the property. It is necessary to determine if there are IR� 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 identif�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.P13129.1 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 incur�� ed. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 257699 V111. 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 I nder 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 lend�r may charge the borrower for services performed in connection with the default, for the purpo�e 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 pr4perty is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection revels 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 t4l,., 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. 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. 257699 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 I Therefore, Plaintiff respectfully submits that if the enforcement of its rights is dela�ed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. I i 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 i with the Mortgage, and has relied on terms of the Mortgage with the understanding that it�ould i recover the monies it expended to protect its collateral. i WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. i �I Phelan Hallinan, LLP I DATE: 4)16lj By: f Justin F obeski, Esquire Atto y for Plaintiff i I i 257699 I� i i it ii III III II ail I II i I I �I I Exhibit "A" 257699 L PHELAN HAL.LINAN,LLP Attorney for Plaintiff Zachary Jones,Esq.,Id.No.310721 1617 JFK Boulevard,Suite 1400 ► ' One Penn Center Plaza Philadelphia,'PA 19103 215-563-7000 SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY -4 VS. COURT OF COMMON PL JOHN PAUL REEDER CIVIL DIVISION y< PAMELA IRENE SEEDER No.12-6999-CIVIL PRAAECIPE FOR IN RiM JUDGMENT FOR FA& ANSWER AND ASSMOM OF DAMAGES TO THE PROTHONOTARY: l Kindly aderjudgmenti n favor of the Plaintiff and apiust I PAMELA MUM RIMM Defendants for failure to file an Answer to Plam firs C within 20 days fiorn=vioe&aeof and for foreclomm and sale of the mortgaged premises, nd assess Plaintiffs damages as follows. As set forth in Complaint $261,545.79 TOTAL $261,545.79 I hereby certify that(1)the Defendants'last known messes are 414 NEALY Rio , NEWVILIA PA 17241-9472 and 322 S SPRING GARDEN ST,C LE,PA 17013-�4, and(2)that notice has been given in acrotdance with Rule P 37.1 Date .,Id. No.31072 or tiff DAMAGES ARE MtEBY ASSESSED AS INDICATED. DATE: PM#2"6" 257 99 I I i II �I I I �I I III I I I I III I �I I �I I �I II I II I II Exhibit "B" I 257699 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) Sb3-3459 Phelan Hallinan, LLI' Representing Lenders in Pennsylvania and New J rsey March 28,2013 JOHN PAUL REEDER PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 RE: SUNTRUST MORTGAGE, INC. v. JOHN PAUL REEDER and PAMELA IRENE REEDER Premises Address: 414 NEALY ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 12-6099-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking concurrence with the requested relief that is,increasing the amount of the judgment. Your respond to me within 5 days, by 4/3/2013. J gment. Please Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. i Very truly yours, i Justi Esq.,Id. No.200392 A'tto, y for PIaintiff Enclosure III i I 25 699 v C . sy9� 6dY W a F ti P P ' C r � a „r .- b too u`. T 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas' Plaintiff V. Civil Division CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. PAMELA IRENE REEDER PAMELA IRENE REEDER JOHN PAUL REEDER JOHN PAUL REEDER 322 S SPRING GARDEN ST 414 NEALY ROAD CARLISLE, PA 17013-2554 NEWVILLE,PA 17241-9472 PAMELA IRENE REEDER JOHN PAUL REEDER 2 RUSH DRIVE APARTMENT 201 CARLISLE, PA 17013-2262 I Phelan Hallinan, LLP III DATE: Q By: Justi . Kobeski,Esquire A ORNEY FOR PLAINTIFF i 57699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants RULE AND NOW,this Z� day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants 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. B - COURT J. rn can 7 1 .` x;c3 r :z o C:, zz o >(Z 257699 ustin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 . FAX: (215) 563-3459 ...XPAMELA IRENE REEDER AMELA IRENE REEDER JOHN PAUL REEDER JOHN PAUL REEDER 322 S SPRING GARDEN ST 414 NEALY ROAD CARLISLE, PA 17013-2554 NEWVILLE, PA 17241-9472 XAMELA IRENE REEDER JOHN PAUL REEDER 2 RUSH DRIVE APARTMENT 201 CARLISLE, PA 17013-2262 '//f257699 257699 E!LED-O F] E: OF' THE -PROTHONOTARY Phelan Hallinan, LLP z����� 23 AM 10� 10 Allison F. Zuckerman, Esq., Id. No. l ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerynan@phelanhallifian.com 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. PAMELA IRENE REEDER PAMELA IRENE REEDER JOHN PAUL REEDER JOHN PAUL REEDER 322 S SPRING GARDEN ST 414 NEALY ROAD CARLISLE, PA 17013-2554 NEWVILLE,PA 17241-9472 PAMELA IRENE REEDER JOHN PAUL REEDER 2 RUSH DRIVE APARTMENT 201 CARLISLE,PA 17013-2262 Phelaock -n DATE: By. oq.,Id.No.309519 Attor n 257699 C-) na Ca C _r. . 0a =M � -<D GJ• C C:) p O�� C- PHELAN HALLINAN,LLP Attorney for Plaintiff D o cDr" John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached he to 't"A". Johofitcliael Kolesnik,Esq.,Id.No.308877 Date: 1 rney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not 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 present at the sale. PHS#257699 Name and Phtlan Hallinan,LLP Address 1617 IItK Boulevard,Suitt 1400 � a c7 Mender One Penn Center Plaza W U) ra Philadelohia PA 19103 KYM < Line Article Number Na£nt or Addressee.Street and Post Office Address III�Pos e _ 9� I ••s: JOHN PAUL REEDER PAMELA IRENE REEDER SOd*a A 14 122 S SPRING GARDEN ST w CARLISLE4 PA 17013-2554 a 11 m 2 •••• JOIN PAUL REF DER BOAS `at PAMELA IRENE REEDER w's °co 414 NEAL'Y TOAD NEWVILLL PA 17241-9472... 3 JOHN PAUL REEDER SQ45 < PAMELA IRENE REEDER r 2 RUSH DRIVE r APARTMENT201 CARLISLE PA 17013.2252 RE:JOHN PAUL REEDER L'UMBERLAND PUS#2576"A 240 Page I of 1 51:80 ?OUl tivabcs et TOW Nomba Nom O£Paul tbrmxttey Pet{NUne b£ 77x U18te}Yntibtbf w'.'tx is �.� . ngvited Oh tit dxbcssicmd ttuctttrtioaai ttgtstet:d zraif,: stnat�.�N P"ft UVcObyScA1M xowvd&tpwo(rwt Rrt#tktg Eswts)et} _ ierUxtiC9ftSNCtiCktb£twAtreSaiaNe Cbwmnts cnGa£�ptm MS'tt datme:at:eb tteian itt Via�e a+hlkC!lot.}imil a£SH0,0}O}+cr oecvnrrrt The anaimam infemairybryabk on£wyrcra Mail arrshaadiae i�SSa}, Tte mWtpn@ inL'Eec9itypayaDle 13(25.006£p ttslNercd tm.Y.smt oiM apliCad itwtttnpe.<See:Demtxic Mu7 btatutil R9b 541J mn!5421 farYaoiutiaix bf to e:. .4"°+ Yorm 3877 Facsimile 257699 Name and Ptcelan Haliinan,LLP Addiess M* 107 Jt•K t3ouievard,Suite 1400 O°Sender One Penn Center Plaza Philade: hiu,PA 19103 AZIUJAND-06/05/2013 SALE V Line Anicle Number Dame of Addressee,Street,and Post OfliceAddress Nosh _ # old I •s»» TENANT/OCCUPATVT. . . _.. _-.-....- $0.44 414 MEALY ROAD fv 3 NFWVILL' PA 17241-9471 2 +.s»' DOMESTIC RFI.Arms OF ^ CUMBERLAND COUNTY $D.d4 13 NORTH HANOVER STREET o ,. CARLISLE PA J7013 3 »»*• COMMONWEALTH OF PENNSYLVANIA $DA4 ai 4 v DEPARTISENT OF WELFARE P.O.DOX 2675 HARRISBURG PA 17105 4 •,•' INTERNAL REVENUE SERVICE ADVISORY $0.44 1000 LIBERTY AVENUE.ROO.M 704 P1717SBURGH PA 15x22 �t 5 s»»» US.DEPARTMENT OF JUSTICE S0A4 UI K US.ATTORNEY FOR THE MIDDLE DISTRICT'OF.PA FEDERAL BLDING 228 WALNUT STREET,SUITE 220 ' PO BOX 21734 HARRISBURG PA 1;108-1754 `lji j It 6 MEMBERS 1ST FEDERAL CREDIT UNION $0A4 _.- 5000 LOUISE DRI19E MFCHANICSBURG PA 17055 7 MF,MBGRS iST FEDERAL CREDIT UNION C/O FIRST AMERICAN TITLE INSURANCE 54.44 LENDERS ADVANTAGE ATTN:FT1 120 1100 SUPERIOR AVENUE,SUITE 200 CLEVELAND 081044114 .11 699/102i""""P "�f+I�Dltx'Flf 3 Ttrai ttutrtrref 'row Number of P.-o The fill deehvttiat tf�is uqui rd to un 4cimlic mi intemsi.msl re;imed msi,V*smx,tnni irdennitr p3 f bir Pieces tawd ty Sendrr Raeived»�Pat Office Imiort Emptoyee) fail.amitnxiionot wneetdntic dxanenn.uWer tix�rcu Plsd dactmrsr rramvnxtwniaxnner 8S10.OSd pn pNcrt mbcetro�tlrv�ulaHA.ei70 in a.a�ram.tyc nw+im.mi<nf.m,iyPay.ufe ai Hatnens asH nsreM7oe h3xtd. thr nui=n 1nkM%p.).hi is S2S1Wfnrnthern4>a1,,rre vkh mi-A rr.a•sn�,See,?axaie ttaSl M­1 RMS913 ud SA21 for limdflirros of esveryf. - Form 3877 Facsimile Phelan Hallinan, LLP John D. Krohn,Esq., Id. No.3122 4,, 13 k1i 10*' 09 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ,UtAj8E1RL AND Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants MOTION TO MAKE RULE ABSOLUTE SUNTRUST MORTGAGE, INC.,by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 11, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 28, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on or about April 15, 2013 directing the Defendants to show cause by May 6, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof,and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 22, 2013 in accordance with the applicable rules of civil procedurie. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 257699 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 6, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: � �d � By. John D. ohn, sq., Id. No.312244 Attorney for Plaintiff 257699 Exhibit "A" - 257699 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 28, 2013 JOHN PAUL REEDER PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 RE: SUNTRUST MORTGAGE, INC. v. J014N PAUL REEDER and PAMELA IRENE REEDER Premises Address: 414 NEALY ROAD NEWVILLE,PA 17241 CUMBERLAND County CCP,No. 12-6099-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 4/3/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Risffi F, K:.bd l` Esq.,Id. No.200392 A too Y:for Plaintiff Enclosure 257699 Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 +� Of Sender One Penn Center Plan 4 Philadelphia,PA 14103 KVNS Cj go Line Article Number Name of Addressee,Street,and Post Office Address Postalo t3`� $ I «««« JOHN PAUL REEDER WAS PAMELA IREN£REEDER 111 4A a 322 S SPRING GARDEN ST c. CARLISLE,PA 17013-2554 �. i a+tn 2 **** JOHN PAUL REEDER $0.45 PAMELA IRENE REEDER Vo°o 414 N£ALY ROAD NEWVILLE PA 17241-9472 3 «««. JOHN PAUL REEDER $0.45 PAMELA IREN£REEDER 2 RUSH DRIVE APARTMENT 201 CARLISLE,PA 17013-2262 RE:JOHN PAUL REEDER CUMBERLAND PHS#25769911200 Page I of 1 51.80 Aj ToWtimaerat Teta?h&*warr arcs Pmuetsm Paniamear The ran dedamdanotvaise k oa an dompKe and iotttaadoaar `. ; no=Law byUndw Rtoo.adat Pon OWao ReonvteiEnAioyic) roetureewwwimor Mal "I ,I . *m nbjm to a limit or$%0.000 par ooumenoe the mudmam indwejty pyyaW an EtiWw Matt merebaidiae b SSOD. The maaimmt payable is 523,000 rnrgbmnd malt,aan with optioaal tnintanN.hSaaDanasde Mai Maawl R900 5912 aad 5424 far tfmiwiaas or Form 3877 Facsimile i 257699. Exhibit "B" 257699 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v.. CUMBERLAND County JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants RULE AND NOW,this day of 2013,a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants 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 , / 1 ! ' _ . sic .° +? J< 1 a7 U> . ( Y-= 257699 Exhibit "C" 257699 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 all,ison:zU.k-erni_arY 215-563-7000 SUNTRUST MORTGAGE, INC. rt Plaintiff Cou of Common Pleas V& Civil Division . C`�ta��tn JOIIN PAUL REEDER CUMBERLAND County PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants CERTiIhfCAT>CON_ OF SERVICE I hereby certify that a true and correct copy of the Court's April 15, 2013 Rule directing the Defendants to show cause as to why plaintiffs.MA110,1,lc� I2cassc�s l? ��9es;;sitould nc�`rli�t.� ��� r granted was served upon the following individuals oil tt rlatidi.c�a7.ed belc,u►. tAr PAMELA IRENE REEDER JOHN PAUL REEDER PAMELA IRENE REEDER 322 S SPRING GARDEN ST JOHN PAUL REEDER 414 MEALY ROAD CARLISLE,PA 17013-2554 , NEWVILLE,PA 17241-9472 �� q � PAMELA IRENE REEDER -vz Z JOHN PAUL REEDER ze co 2 RUSH DRIVE ;:0 mr cor- APARTMENT 201 ` tN o CARLISLE,PA 17013-2262 ,, ' a,. b C C3 :; Phelan Hall:i Z-1 DATE:_ ?an,Esq.,Id. No.309519 Attoiney[W aintiff 257699 L Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 jOhn-krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff vs. Civil Division JOHN PAUL REEDER CUMBERLAND County PAMELA IRENE REEDER No.: 12-6099-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. PAMELA IRENE REEDER PAMELA IRENE REEDER JOHN PAUL REEDER JOHN PAUL REEDER 322 S SPRING GARDEN ST 414 NEALY ROAD CARLISLE, PA 17013-2554 NEWVILLE, PA 17241-9472 PAMELA IRENE REEDER JOHN PAUL REEDER 2 RUSH DRIVE APARTMENT 201 CARLISLE, PA 17013-2262 Phelan Hallinan, LLP DATE: "09 By: John D fro , Esq., Id. No.312244 Attorney for Plaintiff 257699 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND Counf JOHN PAUL REEDER PAMELA IRENE REEDER No.: 12-6099-CIVIL;?-m �- Defendants C) r-�, cn �l ORDER y, w s` AND NOW, this I day of� 2013, upon consideration of Plaintiff s 00 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $210,684.61 Interest Through May 13, 2013 $42,722.95 Late Charges $216.69 Legal fees $1,300.00 Cost of Suit and Title $928.75 Mortgage Insurance Premium/Private Mortgage Insurance $4,691.20 Escrow Deficit $14,488.89 TOTAL $275,033.09 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ��� �• HE COURT: J. J. 12E£.dv, 257699 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson !LED-OF�`1'CE Sheriff [JF T HE PROT1i6N01'APy �4,iau? of�mnbci~ �d Jody S Smith 2013 AUG 27 AM 0: .- Chief Deputy r ' x` Richard W Stewart "" ` '`" CUMBERLAND COUNTY Solicitor OFFICE OF TVE SKERIFF r'E N N S Y LVA N I A Suntrust Mortgage, Inc. Case Number vs. 2012-6099 John Paul Reeder(et al.) SHERIFF'S RETURN OF SERVICE 03/26/2013 08:42 PM -Deputy Valerie Weary, 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 414 Nealy Road, North Newton-Township, Newville, PA 17241, Cumberland County. 04/05/2013 09:12 PM - Deputy Jason Kinsler, 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: Pamela Irene Reeder at 322 S. Spring Garden Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 04/05/2013 09:12 PM -Deputy Jason Kinsler, 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: John Paul Reeder at 322 S. Spring Garden Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/05/2013 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, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $918.63 SO ANSWERS, August 19, 2013 RbNO R ANDERSON, SHERIFF pd . S7j L-L Pd. a-it, (c)CountySuite Sheriff,Toleosoft,Inc. SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.: 12-6099-CIVIL JOHN- P�iUL_REED.ER _ a-- - ._ . -- - u:..__... _._. . �_... _.. � .. __....__..._... _- PAMELA IRENE REEDER Defendant(s) CUMBERLAND COUNTY PHS#257699 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 414 NEALY ROAD, NEWVILLE,PA 17241-9472. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JOHN PAUL REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JOHN PAUL REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE. MECHANICSBURG,PA 17055 MEMBERS 1ST FEDERAL CREDIT UNION ATTN: FT1120 C/O FIRST AMERICAN TITLE INSURANCE 1100 SUPERIOR AVENUE,SUITE 200 LENDERS ADVANTAGE CLEVELAND,OHIO 44114 A. . Name and address oflasf recorded hglder'of every mortgage of record: , Ndme Address(if address cannot be reasonably ascertained,please indicate) None. 1 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 414 NEALY ROAD NEWVILLE,PA 17241-9472 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 1.7108-1754 FEDERAL BUILDING 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: By: P n Hallinan,LLP n Michael Kol"nik,Esq..,Id.No.308877 Attorndy for Plaintiff SUNTIiUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION -vs., NO.,: 12-6099-CIVIL JOHN PAUL REEDER PAMELA IRENE REEDER CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JOHN PAUL REEDER PAMELA IRENE REEDER 322 S SPRING GARDEN ST CARLISLE,PA 17013-2554 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WELL 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 414 NEALY ROAD,NEWVILLE,PA 17241-9472 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$261,545.79 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 31-29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice-on page tWo on how to obtain an attorney.) YOU MAY STILL BE ABLE TO"SXVF,'Y6UR PROPERTY*AND YOU HAVE OTHER R1611tS* EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. J 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside,the sale if the bid price was grossly inadequate compared to.the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid.out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10) days after 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 r LEGAL DESCRIPTION ALL the following described real estate lying and.being situate in North Newton Township, Cumberland County,Pennsylvania,more particularly-66E6d&d-a'-n-d&kiiibe&Wnidirif—to--a—- Subdivision Plan for Larry E.Foot, Sr. and H. David Miller,Jr., as recorded in Cumberland County Plan Book 63,Page 19, as follows: BEGINNING at a parker kalon nail in Nealy Road,Township Road(T-353),at the northwestern comer of Lot No. 5 as shown on the above described Subdivision Plan;thence by said Lot No. 5, South 37 degrees 29 minutes 47 seconds West 585.00 feet to an iron pin,thence by Lot No. I as shown on the above described subdivision plan,North 52 degrees 30 minutes 13 seconds West 150.00 feet to an iron pin at the southeastern comer of Lot No. 7 as shown on the above described subdivision plan; thence by said Lot No. 7 North 37 degrees 29 minutes 47 seconds East 585.00 feet to a parker kalon nail in Nealy Road,Township Road(T-353); thence in said road, South 52 degrees 30 minutes 13 seconds East 150.00 feet to a parker kalon nail in said road,the point and place of BEGINNING. CONTAINING 2.01 gross acres and being designated Lot No. 6 as shown on the above described subdivision plan. TITLE TO SAID PREMISES IS VESTED IN John Paul Reeder and Pamela Irene Reeder,h/w, by Deed from David A. Horst and Martha Yvonne Horst,h/w, dated 09/26/2006, recorded 09/26/2006 in Book 276, Page 4091. PREMISES BEING: 414 NEALY ROAD,NEWVILLE,PA 17241-9472 PARCEL NO. 30-09-0513-024. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-6099-CIVIL SUNTRUST MORTGAGE, INC. vs. JOHN PAUL REEDER PAMELA IRENE REEDER owner(s) property Pennsylvania, being situate in NORTH NEWTON TOWNSHIP, Cumberland County, (Municipality) 414 NEALY ROAD NEVVVILLE PA 17241-9472 Parcel No. 30-09-0513-024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $261,545.79 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 1.9103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6099 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due SUNTRUST MORTGAGE,INC.Plaintiff(s) From JOHN PAUL REEDER,PAMELA IRENE REEDER (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: $261,545.79 L.L.:$.50 Interest from 12/19/2012 to Date of Sale($42.99 per diem) -- $7,265.31 Arty's Comm: Due Prothy:$2.25 Atty Paid:$258.75 Other Costs: Plaintiff Paid: Date:2/25/2013 David D. Buell,P r o�thh o n o t�a (Seal) Deputy REQUESTING PARTY: Name:JOHN MICHAEL KOLESNIK,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 HK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court at carfiste Pa This c2Sday of 7-3 prpt4onotary C PAV On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered as, 414 Nealy Road, Newville, Exhibit "A".filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator bZ :8 v 9Z 933 EIOI CUMBERLAND LAW JOURNAL Writ No. 2012-6099 Civil SUNTRUST MORTGAGE,INC. VS. JOHN PAUL REEDER, Pamela Irene Reeder Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-6099-CIVIL, SUNTRUST MORTGAGE, INC. vs. JOHN PAUL REEDER, PAMELA IRENE REED- ER owner(s) of property situate in NORTH NEWTON TOWNSHIP,Cum- berland County,Pennsylvania,being 414 NEALY ROAD, NEWVILLE, PA 17241-9472. Parcel No. 30-09-0513-024. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$261,545- .79. 64 s. 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: April 12, April 19 and April 26, 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. L sa Marie Coyne, Ilditor SW TO AND SUBSCRIBED before me this --26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2414 The Patriot-News Co. 1020 Tezhinrology Pkwy t a Suite 300 Mechanicsbtirg, 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, 2012-6099 Z This ad ran on the date(s)shown below: S TRUST MORTGAGE,IN VS. 04/16113 JOHN PAUL REEDER TParnela Irene Roeder 04123/13 'ktty: Joseph P Schalk 04/30/13 BY virtue of a Writ of Execution No. 12.6099-CIVIL SUNIRUST MORTGAGE,INC . . . . . . . . JOHN PAUL REEDER PAMELA IRENE REEDER Sworn to and subscribed before me this 13 day of May, 2013 A.D. owners) of Property situate in NORTH NEWTON TOWNSHIP, Cumberland County,Pennsylvania,being (Municipality) VP 414 NEALY ROAD, NEWVILLE, PA ry ublic 17241-9472 Parcel No.30-09-0513-024.,--, (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT$261,545.79 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel,Notary Public Washington TINP.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIAMON 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 National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013,under and by virtue of a writ Execution issued on the 25th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 6099, at the suit of Suntrust Mortgage Inc. against John Paul Reeder and Pamela Irene Reeder is duly recorded as Instrument Number 201328476. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. &S, Recorder an ices ir wn 4 the of Deeds d County.Carlisle,PA My 4commmion ms 1he Fal Monday of Jan,2014