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7r j, I'iJ T7 Lrj~~.1•JP'~~~4 , Gt1~? J~~ 24 ~r~ !~: 0 ~U pEf~"~SYL~q ~J,~~'~ rv~~a PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff v. JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM . ~~ // NO. ~~ - 3~~ ~l CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 261755 Q~,~ ~ IG3 ~~ a~ e~a$s~o-~o NOTICE You have been sued in Court. If you wish to defend against the claims set firth 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 #: 261755 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P,O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 who is/are the mortgagor(s) and/or real owners 1 of the property hereinafter described. 3. On 03/16/2007 JONATHAN A. IHNAT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUNTRUST MORTGAGE,INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1986, Page 1443. By Assignment of Mortgage recorded 01 /07/2013 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201300516. 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. Z'he mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2010 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #~ 261755 The following amounts are due on the mortgage as of 01/15/2013: Principal Balance $79,195.78 Interest @ 6.37500% $13,236.28 06/01/2010 through 01/15/2013 $0.00 Late Charges $77.10 Property Inspections $322.25 Property Preservations $0.00 Appraisal/BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $3,559.20 TaTAL $96,390.61 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, andlor 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 #: 261755 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $96,390.61, 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. PHELAN HALLf,~tAN, LLP By: (/ J Michael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff File #: 261755 LEGAL DESCRIPTION all that certain piece ar parcel of land situate and being in the Township of Silver Springs, County of Cumberland, Commonwealth of Pennsylvania, and described as follows, to-wit: BEGINNING at a point at the low water mark of the Conodoguinet Creek at corner of Lot No. 8 on the hereinafter mentioned Plan of Lots; thence by the line of Lot No. 8 north sixty-five (65) degrees forty-two (42) minutes east one hundred sixty-three and ninety-eight hundredths (163.98) feet to a stake; thence by lands of Neal J. Weber, Sr. Et ux which the parcel herein conveyed was formerly a part, north eighteen (18) degrees fifty (50) minutes west ninety-seven and thirty-eight hundredths (97.38) feet to a stake; thence south sixty-eight (68) degrees four (4) minutes west one hundred seventy and fifty-nine hundredths (170.59) feet to a point at the low water of the Conodoguinet Creek at corner of Lot No. 6 on said Plan; thence down the Creek at low water mark south twenty-three (23) degrees twenty-seven (27) minutes east one hundred three and ninety-nine (103.99) feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 PARCEL # 38-17-1023-025. File #: 261755 VERIFICATION ~~.~a ~.~~~, hereby states that he/she is /--~" V ~ of SUNTRUST MORTGAGE, INC., 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: l ~ l~ Zv /3 Name: ~JJR~~~~-va ~ File#: 261755 Name: IHNAT SUNTRUST MORTGAGE, INC. File #: 261755 FORM 1 SUNTRUST MORTGAGE, INC. IN THE COUR"f OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V S. JONATHAN A. IHNAT Defendant(s) ~~_~~~0 Civil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM ~'rI ~ 0 ~:~r c.. ` . ~' a^-°~. ~' ('~ ''tee _' FOREC ~`~ L ~; ~~ ~, .~.. ~~:. -~ _ ;~~: You have been served with a foreclosure complaint that could cause you to lose your home. cr, - 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 a lawyer, 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 no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all 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 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 out 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 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 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 out reasonable arguments 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. Respectfully /~ 3 Date John Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff FORM 2 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Cumberland County Court of Common Pleas 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 counseling agency. 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: Email: # of people in household: Mailing Address: City: Phone Numbers: How long? Home: Cell: State: Zip: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: State: _ Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ State:__Zip: Home: Cell: Office: Other: Office: Other: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ 'If yes. provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model Amount owed: Value: Automobile #2: Model: _ Amount owed: Value: Other transportation (automobiles, boats, motorcvclesl: Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross 2. Monthly Gross 3. Monthly Gross Additional Income Description (not wages): l . monthly amount: 2. monthly amount: Year: Year: Monthly Net Monthly Net Monthly Net Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE _ AMOUNT EXPENSE AMOUNT Mort a e Food _ 2"d Mort a e Utilities _ Car Pa ment(s) Condo/Nei h. Fees _ Auto Insurance Med. (not covered) __ Auto fuel/re airs Other ro a ment ___ Install. Loan Payment Cable TV __ Child Su ort/Alim. S endin Mone ____ Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working; with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: 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 known, regarding your lender and lender's loan. servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: 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. UWe understand that I/we am/are under no obligation to use the counseling services provided by the above named _ _ Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past Z 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 Solicitor it ~ ~~ ~F 1~;~ ~~ ~ 3 FEB ? 5 P~ E ~ ~ W '', ~'~~9:3~t~~.r~~ C~:UP~T'~" s'Liti~5YL"d~`N'! ~~~~r~t'~, u1 ~u+ufl~,a„~~~~ 1~ -: ~,~ _ _ Suntrust Mortgage, Inc. vs. Case Num er Jonathan A Ihnat 2013-39 SHERIFF'S RETURN OF SERVICE 02/11/2013 03:45 PM -Sergeant Jason Vioral, Deputy Sheriff Served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jonathan A Ihnat at the Cumberland County Sheriffs Office, One Courthouse Carlisle, PA 17013. ~~ DEPUTY SHERIFF COST: $48.00 February 12, 2013 ANSWERS, ~+ t~ RONNY R ANDERSON, SHERI i ~tu$ u- ~ i^e~. rr, 1 o't. h,.. FjLE'D-0FFT OF THi Pi"OTH0, 0 TARP 26 PM 2: 30 CUMBERLAND COIJ,4- Y PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE Court of Common Pleas P.O. BOX 27767 RICHMOND, VA 23224-7767 Civil Division Plaintiff Term V. No. 2013-398-Civil JONATHAN A. IHNAT 22 WEST WILLOW TERRACE Cumberland County MECHANICSBURG, PA 17050-1808 Defendant MOTION TO.LIFT CONCILIATION STAY Plaintiff, Suntrust Mortgage, Inc., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation.Stay and in support thereof avers as follows: 1. On January 24, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due July 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On February 11, 2013, Plaintiff completed service on Defendant of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is 261755 a attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HALLINAN, LLP Date: BY: - 6e p p . Schal , Esquire A orn e y for Plaintiff 261755 Exhibit A o tr. M,z. =s. In.. 2 -'at- N C i C�ip ]� -j C6 PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SUNTRUST MORTGAGE,INC. 1001 SEMNiES AVENUE COURT OF COMMON PLEAS P.O.BOX 27767 RICHMOND,VA 23224-7767 CIVIL DIVISION Plaintiff TERM V. NO. JONATHAN A.MNAT 22 WEST WILLOW TERRACE CUMBERLAND COUNTY MECHANICSBURG,PA 17050-1808 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE we hereby certify the AttDrr, Within to hr . tfue erd 1 PIaS6 H8tflTtf' � CORBCt CU;.i �! she aiiginal filed Of reCOr'd File k: 261755 1 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 i 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 CART.TST,F,PA 17013 (717)249-3166 (800)990-9108 file N: 261755 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND,VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/16/2007 JONATHAN A. IHNAT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUNTRUST MORTGAGE,INC. which mortgage is recorded in the Office-of the Recorder of-Deeds of CUMBERLAND County, in Mortgage Book 1986, Page 1443. By Assignment of Mortgage recorded 01/07/2013 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201300516. 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 07/01/2010 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 by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. File N: 261755 i 6. The following amounts are due on the mortgage as of 01/15/2013: Principal Balance $79,195.78 Interest @ 6.37500% $13,236.28 06/01/2010 through 01/15/2013 $0.00 Late Charges $77.10 Property Inspections $322.25 Property Preservations $0.00 Appraisal/BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $3,559.20 TOTAL $96,390.61 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s)in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right,if:'such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of '. Mortgage Foreclosure is in no way an attempt to reestablish such personal liability ! discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91. of 1983, as amended in 2008, 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 M: 261755 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $96,390.61,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. PT-IELAN_IIAI,,f�, AN, LLP BY: J Michael Kolesnik,Esq., Id.No.308877 eto rney for Plaintiff File N: 261755 l LEGAL DESCRIPTION all that certain piece or parcel of land situate and being in the Township of Silver Springs,. County of Cumberland, Commonwealth of Pennsylvania,and described as follows, to-wit: BEGINNING at a point at the low water mark of the Connodoguinet Creek at corner of Lot No. 8 on the hereinafter mentioned Plan of Lots; thence by the line of Lot No. 8 north sixty-five(65) degrees forty-two (42) minutes east one hundred sixty-three and ninety-eight hundredths(163.98) feet to a stake;thence by lands of Neal J. Weber, Sr. Et ux which the parcel herein conveyed was formerly a part,north eighteen (18)degrees fifty (5 0) minutes west ninety-seven and thirty-eight hundredths (97.38) feet to a stake; thence south sixty-eight(68)degrees four(4)minutes west one hundred seventy and fifty-nine hundredths (170.59) feet to a point at the low water of the Conodoguinet Creek at corner of Lot No. 6 on said Plan;thence down the Creek at low water mark south twenty-three(23) degrees twenty-seven(27) minutes east one hundred three and ninety-nine (103.99) feet to a point,the place of BEGINNING. PROPERTY ADDRESS: 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 PARCEL #38-17-1023-025. File#: 261755 a VERIFICATION u,yt.[ 4 � ✓,hereby states that he/she is //� !/� of SUNTRUST MORTGAGE, INC., 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. Name: L DATE: ` �J• Z��-3 Title: Al/ SUNTRUST MORTGAGE,INC. File#: 261755 Name: IHNAT File#; 261755 FORM 1 t IN THE COURT OF COMMON PLEAS SUNTRUST MORTGAGE,INC. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) vs. JONATHAN A. IHNAT Defendant(s) Civil 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 a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,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 no charge to you. ' Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all 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 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 out 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.IIowcvcr,you must provide your lawyer with all requested financial information so that a loan resolution Proposal can he 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 within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is i scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable E arguments 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. Respectfully submitted: Date ohn Michael Kolesnik,Esq.,Id. No.308877 Attorney for Plaintiff i FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket 4 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 counseling agency. Please provide the following information to the best of your knowledge: CUSTOMFRAIRIMARV A11111ACANT Borrower name(s): Property Address: City: State: Is the property for sale? Yes No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No ❑ Mailing Address(if different): City: State: -Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? CO-BOR110WER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No ❑ If yes,provide names, location of court, case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: . Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles boats,motorcycles)- Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross 'Monthly Net 2. Monthly Gross _ Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) 3 EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mort-gage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Sup ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes ❑ No ❑ If yes,please indicate the status of the applications 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 known,regarding your lender and lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: ` A-UTHORIZATION 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 1/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) Exhibit B j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody Smith y Chief Deputy Richard W Stewart Solicitor OFFSCE of rxE SrISRiFF Suntrust Mortgage, Inc. Case Number VS. Jonathan A Ihnat 2013-398 h SHERIFF'S RETURN OF SERVICE 02111!2013 03:45 PM-Sergeant Jason Vioral, Deputy Sheriff Served the requested Complaint in Mortgage Foreclosure by'personally" handing a true copy to a person representing themselves to be the Defendant,to wit:Jonathan A Ihnat at the Cumberland County Sheriffs Office,One Courthouse Square, Carlisle, PA 17013. SON VIO L, DEPUTY SHERIFF COST: $48.00 ANSWERS, I ..�� February 12, 2013 RONW R ANDERSON, SHERIFF - 1 i (c)Counly$we Sbadtf Toleosaft,Im -;A i PHELAN HALLINAN, LLP Joseph P.. Schalk, Esq., Id. No. 91.656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. Court of Common Pleas 1001 SEMMES AVENUE P.O. BOX 27767 Civil Division RICHMOND, VA 23224-7767 Term Plaintiff V. No. 2013-398-Civil JONATHAN A. IHNAT Cumberland County 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 Date: By: J?§-e—ph P chat , Esquire ttorney for Plaintiff 261755 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE Court of Common Pleas P.O. BOX 27767 RICHMOND, VA 23224-7767 Civil Division Plaintiff Tenn V. No. 2013-398-Civil JONATHAN A. IHNAT 22 WEST WILLOW TERRACE Cumberland County MECHANICSBURG,PA 17050-1808 Defendant ORDER AND NOW,this day of �*4 V%^.. , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: cop C-) zz; j Ck7 r-- ern C/)r- CD ---4 C-a C-) CO 261755 CC : Jonathan A. Ihnat Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLWAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 JONATHAN A. If INAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 261755 Q?f 0_0,F FICA hE t''% PHELAN HALLINAN, LLP (37«CAA torn ������� ` Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 9 Aid 11: 0 9 1617 JFK Boulevard, Suite 1400 CUtIBER One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 altison.zuckerman@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JONATHAN A.IHNAT CIVIL DIVISION No. 13-398-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 JONATHAN A. IHNAT, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $96,390.61 TOTAL $96,390.61 I hereby certify that (1) the Defendant's last known address is 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date AZuc ker ;Esq;, Id.309519 a Attorney for Plaintiff 3�y 31i DAMAGES ARE HEREBY ASSESSED AS INDICATE Q 'Wo"b 4 DATE: PH#755588 PROTHONOTARY 755588 PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F.Zuckerman, Esq.,Id.No.30951.9 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. . CIVIL DIVISION JONATHAN A. IHNAT No. 13-398-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in'the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JONATHAN A. IHNAT is over 18 years of age and resides at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date hela alli an, LP ison F. Zuckerman;Esq., Id. No.30951.9 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 755588 Department of Defense Manpower Data Center Results as of:Aug-0&201312:10:31 SCRA 3.0 Staff kepo rt Pursuant to Servicerzaembom Coil Relief Art Last Name: IHNAT First Name: JONATHAN Middle Name: A Active Duty Status As Of: Aug-08-2013 On Active Duty On Active Duty Status Date Active Duty Start Date - Active Duty End Date Status Service Component NA NA - No NA This response reflects the ind'ivaivals'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 .. - _ - No- ., NA This response reflects where the individual left active duty status,within 367 days preceding the Active Duty Status Data The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Stag Date Order Notification End Date Status Service Component NA, NA ` - No NA This response reflects whether the individual or InWher unit has received early notification 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. litM Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 rt' (Rule of Civil Procedure No. 236) -Revised SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JONATHAN A. IHNAT , CIVIL DIVISION No. 13-398-CIVIL Notice is iiven that a Judgment in the above captioned matter has been entered against you on � ptt�� By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 755588 SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. JONATHAN A.H-INAT NO. 13-398-CIVIL Defendant(s) CUMBERLAND COUNTY TO: JONATHAN A.IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 DATE OF NOTICE:` -7 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 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 BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-31.66 By: Jon la,�L 7bb,Esq.,Id.Nn.312174 Att�rpcy for l'laint:ifl' Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#755588 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-398-CIVIL JONATHAN A.IHNAT Defendant(s) 1 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above zi%atter: Amount Due 96 390.61 c') cam, _f zS Interest from 08/09/2013 to Date of Sale $1,870.30 c - ($15.85 per diem) Gn -v r,-, 7 TOTAL $98,260.91 < ? T-C-) �� t ifs• C H nan,LLP Allison ..Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff Note: Please attach description of property. PH#755588 ask ) 02 �s << �. sou- c f o� � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA - SUNTRUST MORTGAGE,INC. Plaintiff V. JONATHAN A.IHNAT Y_ Defendant(s) PRAECII'E FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Q�� Address where papers may be served: - JONATHAN A.IHNAT Phelan Hallip6n,L P 22 WEST WILLOW TERRACE Alliso uckerm Esq.,Id.No.309519 MECHANICSBURG,PA 17050-1808 Attorney,for Plainti X ,q Y r LEGAL DESCRIPTION All that certain piece or parcel of land situate and being in the Township of Silver Springs,County of Cumberland, Commonwealth of Pennsylvania,and described as follows,to-wit: BEGINNING at a point at the low water mark of the Conodoguinet Creek at corner of Lot No. 8 on the hereinafter mentioned Plan of Lots;thence by the line of Lot No. 8 north sixty-five(65)degrees forty-two (42)minutes east one hundred sixty-three and ninety-eight hundredths(163.98)feet to a stake;thence by lands of Neal J.Weber,Sr.Et ux which the parcel herein conveyed was formerly a part,north eighteen(18) degrees fifty(50)minutes west ninety-seven and thirty-eight hundredths(97.38)feet to a stake;thence south sixty-eight(68)degrees four(4)minutes west one hundred seventy and fifty-nine hundredths(170.59)feet to a point at the low water of the Conodoguinet Creek at corner of Lot No.6 on said Plan;thence down the Creek at low water mark south twenty-three(23)degrees twenty-seven (27)minutes east one hundred three and ninety-nine(103.99)feet to a point,the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jonathan A. Ihnat, adult individual, by Deed from Douglas D. Lowe and Betsy J. Lowe, his wife, dated 03/11/2007, recorded 03/26/2007 in Book 279, Page 1349. PREMISES BEING: 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 PARCEL NO.38-17-1023-025. ;NLED-OF iC-r PHELAN HALLINAN, LLP (= -T HE P P 0 T H O N 0 TA R f Attorneys for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 2013 AUG -9 AN 11: 09 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY alison.zuckerman@phelanhallinan.com P�fi� SYLVRA�� 215-563-7000 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. . NO.: 13-398-CIVIL JONATHAN A. IHNAT Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have.been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 904 relating to unsworn falsification to authorities. Y Phelan roan,LLP Allison F.Zuckerman,Esq.,Id.No.30951.9 Attorney for Plaintiff ICL UNTRUST MORTGAGE, INC. a 1. } P-RO i III ON O TAJi Ci' COURT OF COMMON PLEAS Plaintiff , 2013 AUG —9 Ai 10 CIVIL DIVISION V. , CUMBERLAND COUNTY A NO.: 13-398-CIVIL JONATHAN A. IHNAT Defendant(s) , CUMBERLAND COUNTY 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 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JONATHAN A.IHNAT 22 WEST WILLOW TERRACE, MECHANICSBURG,PA 17050-1808 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JONATHAN A.IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 1.7050-1808 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) None. 4. Name and address of last recorded holder of every mortgage of record: 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 11.00 SUPERIOR AVENUE SUITE 200 C/O EQUITY LOAN SERVICES,INC. CLEVELAND,OH 44114 ATTN: NATIONAL RECORDING TEAM 5 LASALLE BANK,N.A. 4741 WEST IRVING PARK ROAD CHICAGO,IA 50541 5. Name and address of every other person who has any record lien on the property: Narne Address(if address cannot be reasonably ascertained,please indicate) SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW MILL PARK ROAD SUITE#3 MECHANICSBURG,PA 17050 PH#755588 j SILVER SPRING TOWNSHIP AUTHORITY 23 WAVERLY DRIVE CIO STEVEN A.STINE,ESQUIRE HUMMELSTOWN,PA 17036 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,phase indicate) . TENANT/OCCUPANT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 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 17108-1754 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 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: flan Hallman Allison F.Zuckerman,Esq.,Id.No.309519 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#755588 i I'LED -0F FI(;w U THE PROTHON0TAI'�' SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS 2013 AUG °9 AM 11 10 CUMBERLAND COMilIfff CIVIL DIVISION VS. PENNSYLVANIA NO.: 13-398-CIVIL JONATHAN A.IHNAT . Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JONATHAN A.IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$96,390.61 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 21.5-563-7000. 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 (1.0) 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 LEGAL DESCRIPTION All that certain piece or parcel of land situate and being in the Township of Silver Springs,County of Cumberland,Commonwealth of Pennsylvania,and described as follows,to-wit: BEGINNING at a point at the low water mark of the Conodoguinet Creek at comer of Lot No. 8 on the hereinafter mentioned Plan of Lots;thence by the fine of Lot No.8 north sixty-five(65)degrees forty-two (42)minutes east one hundred sixty-three and ninety-eight hundredths(163.98)feet to a stake;thence by lands of Neal J.Weber,Sr.Et ux which the parcel herein conveyed was formerly a part,north eighteen(18) degrees fifty(50)minutes west ninety-seven and thirty-eight hundredths(97,38)feet to a stake;thence south sixty-eight(68)degrees four(4)minutes west one hundred seventy and fifty-nine hundredths(170.59)feet to a point at the low water of the Conodoguinet Creek at comer of Lot No.6 on said Plan;thence down the Creek at low water mark south twenty-three(23)degrees twenty-seven(27)minutes east one hundred three and ninety-nine(103.99)feet to a point,the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jonathan A. Thnat, adult individual,by Deed from, Douglas D. Lowe and Betsy J. Lowe, his wife, dated 03/11/2007, recorded 03/26/2007 in Book 279, Page 1.349. PREMISES BEING:22 WEST WILLOW TERRACE,MECHANICSBURG,'PA 17050-1808 PARCEL NO.38-17-1023-025. SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-398-CIVIL SUNTRUST MORTGAGE,INC. V. JONATHAN A.IHNAT owner(s) of property situate in SILVER SPRINGS TOWNSHIP, CUMBERLAND County, Pennsylvania, being 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 Parcel No.38-17-1023-025. (Acreage or street address) Improvements thereon:RESIDENTIAL DWELLING Judgment Amount: $96,390.61 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-398 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 JONATHAN A.IHNAT (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 garnishees) 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:$96,390.61 L.L.: $.50 Interest FROM 8/9/2013 TO DATE OF SALE($15.85 PER DIEM)-$1,870.30 Atty's Comm: Due Prothy: $2.25 Atty Paid: $196.75 Other Costs: Plaintiff Paid: Date:August 9,2013 David D.Bue 1,Prothonota (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. ZUCKERMAN,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone: 215-563-7000 Supreme Court ID No.309519 PHELAN HALLINAN,LLP id? z w Attorney for Plaintiff �a tl 10. 29 One Penn Center Plaza 4°''''uER(. 4N0 CCU 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA' Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS v. • CIVIL DIVISION JONATHAN A. IHNAT • NO. 13-398-CIVIL Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JONATHAN A. IHNAT, by certified mail and regular mail to JONATHAN A. IHNAT at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 and posting 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, JONATHAN A. IHNAT, with the Notice of Sale at the mortgaged premises, 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No Service made as the property is vacant. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of September 20, 2013, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on September 23, 2013 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs September 23, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, JONATHAN A. IHNAT, but has been unable to do so. 8. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 20, 2013 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JONATHAN A. IHNAT at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050- 1808 and posting 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 and by publication. Phelan Hallinan, LLP DATE: _ By: Al kerman 'squire tar ID •. 0951• Attorney for P aintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. . •: CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. • CIVIL DIVISION • JONATHAN A. IHNAT NO. 13-398-CIVIL • Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or • (C) if service cannot be made as provided in subparagraph(A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JONATHAN A. IHNAT, are unknown, a reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JONATHAN A. IHNAT at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 and posting 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050- 1808 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallina P DATE: 17,,..k4p By: Ngigp an Esq., Id. No.309519 Attorne' : ° aintiff • PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS • v. • CIVIL DIVISION • JONATHAN A. IHNAT • NO. 13-398-CIVIL • Defendant CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 Phelan Hallinan, L ' 1111.r DATE: q By: A • on F. • erman Esq., Id.No.309519 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PH#755588 DEFENDANT SERVICE TEAM/Ixh JONATHAN A.IHNAT COURT NO.:13-398-CIVIL SERVE JONATHAN A.IHNAT AT: TYPE OF ACTION 22 WEST WILLOW TERRACE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17050-1808 SALE DATE: December 4,2013 SERVED Served and made known to JONATHAN A.IHNAT,Defendant on the_day of ,20_,at o'clock .M.,at ,in the manner described below: _Defendant personally 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 Race _ Sex Other I, ,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. See.4904 relating to unsworn falsification to authorities. DATE: NAME: _ ._..............._.. PRINTED NAME: TITLE: NOT SERVED On the day of ?� 20 ( ;at ' 'clock O M.,I, �iP1�' nrd a competent adult hereby state thii1 Ten ant f)T°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: � a. ! ' PRINTED NAME:fit` k- i1€' ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 1( , • • EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 755588 Attorney Firm: Phelan Hallinan LLP Subject: Jonathan A. Ihnat Property Address: 22 West Willow Terrace,Mechanicsburg,PA 17050 Possible Mailing Address: 22 Willow Drive,Shippensburg,PA 17257 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jonathan A.Ihnat-xxx-xx-6982 B. EMPLOYMENT SEARCH Jonathan A.Ihnat-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jonathan A.Ihnat reside(s) at:22 Willow Drive,Shippensburg,PA 17257. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Jonathan A. Ihnat. B. On 09-11-13 our office searched directory assistance databases,which had no phone number for Jonathan A. Ihnat. III. INQUIRY OF NEIGHBORS On 09-11-13 our office made several phone calls in an attempt to contact Brett R. Pettis (717) 796-9474,16 West Willow Terrace,Mechanicsburg,PA 17050: answering machine. On 09-11-13 our office made a phone call in an attempt to contact Anna Wise (717) 766-3710,34 West Willow Terrace,Mechanicsburg,PA 17050:disconnected. On 09-1143 our office made several phone calls in an attempt to contact Grover A. Wilt(717)697-2092,40 West Willow Terrace,Mechanicsburg,PA 17050:no answer. On 09-11-13 our office made a phone call in an attempt to contact Gloria G.Wrights (717)532-9768,2 Willow Drive,Shippensburg,PA 17257: disconnected. On 09-11-13 our office made several phone calls in an attempt to contact Vaughn L. Moore (717) 530-0595, 7 Willow Drive,Shippensburg, PA 17257: answering machine. • On 09-11-13 our office made several phone calls in an attempt to contact Jacklyn H. McCardell(717) 300-3451,6 Willow Drive,Shippensburg,PA 17257: answering machine. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-11-13 we reviewed the National Address database and found the following information:Jonathan A. Ihnat-22 Willow Drive,Shippensburg,PA 17257. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: 22 Willow Drive,Shippensburg,PA 17257. V.OTHER INQUIRIES A. DEATH RECORDS As of 09-11-13 Vital Records and all public databases have no death record on file for Jonathan A. Ihnat. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jonathan A. Ihnat-not available B. A.K.A. Jonathan Andrew Ihnat;Jonathan E. Ihnat * Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pj;t c.S.Sec.49..4 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. • EXHIIIT 6699 l • Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey @phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania September 23,2013 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 RE: SUNTRUST MORTGAGE, INC. v. JONATHAN A. IHNAT Premises Address: 22 WEST WILLOW TERRACE, MECHANICSBURG,PA 17050- 1808 CUMBERLAND County,No. 13-398-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by September 30, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 755588 . 0 er Name and„ Phelan Hallman,LLP III r°• Address -� 1617 JFK Boulevard,Suite 1400 ` *r r Of Sender One Pena Center Plan tt ;��( . Philadelphia,PA 19103 LXH 11 ill't4,8 1 Line ' Article Number Name of Addressee,Street,and Post Office Address Postage a 1 ,,,, JONATHAN A.IHNAT $0.46 ttl o ;� 22 WEST WILLOW TERRACE wt» MECHANICSBURG,PA 17050.1s08 ,(a. ,�T 2,°° 2 •••, S0.46 P4'. , -,9,,,, , .i ,_ i RE:JONATHAN A,I HNAT(CUMBERLAND) TEAM 4 PH#755588/1021 Page 1 of 1 . 50.92 Totd Nssiber of Torts Naaba.(5isca Pbr..Pa(Vow of lb.Alt dalaseiss stwiles is ropasil to sit demnek sod i an osd,.mad oat.The Wiesen indemnity payable Nos Listed by Seeder Received Y Port Otri.. Rees ias ) Ter the raoaweaise eirsarorgatiable dam undo Express Mod doemeeat idkw.in*date is$50.003 per Piet subject to a heat of imago par oerssreea me asaimgxe indemnity payabk as Expos Mid mrnebmdixe is 5500. The maim sdamay Payable is 525.000 Tar registered mail,sae with optional ematce.See Moods Mei Moot _R900S413 and S9tltool womcdmvsage. ' ***CONCURRENCE LETTER LXH**** 4, I ■ 755588 1 g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. •• • . CIVIL DIVISION Plaintiff • c) "' c L7 • NO. 13-398-CIVIL -ID=s rn ' • JONATHAN A. IHNAT . rte— �-](., • Defendant =c, --- ORDER D AND NOW, this S' day of Q. L .tr— , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JONATHAN A. IHNAT by: REGULAR MAIL TO JONATHAN A. IHNAT at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 Service by mail is complete upon the date of mailing ct..,.i. '}O ZZ ..a;II...a " N", rti.l,.p...s PA +7151 C----------' CERTIFIED MAIL TO JONATHAN A. IHNAT at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 Service by mail is complete upon the date of mailing ca 9%. Z -2. C....):\t*ova Mitre- I Sti 1106..P 6.1 p 4 1-7 L s- POSTING 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY T " COURT: J v, / J. PH# 755588 ***--CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 —JONATHAN A. IHNAT 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808 aCips ck L !U► 8/13 - c__r Y Phelan Hallinan, LLP t N�' -9 h A 9: 5 Jonathan M. Etkowicz, Esq., Id. No.208Q i ATTJRNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 4 r, +-- 1D COUNT One Penn Center Plaza p @NSSYLVM"' Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division v. CUMBERLAND County • JONATHAN A. IHNAT • No.: 13-398-CIVIL • Defendant 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 24, 2013. 2. Judgment was entered on August 9, 2013 in the amount of$96,390.61. 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 December 4, 2013. 755588 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $79,195.78 Interest Through November 14, 2013 $17,429.75 Late Charges $77.10 Legal fees $1,550.00 Cost of Suit and Title $523.35 Escrow Deficit $5,426.32 TOTAL $104,202.30 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 30, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 27, 2013 . 755588 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: (0/q/3 By: Jo . 'an . Etkowicz,Esquire A ORNEY FOR PLAINTIFF 755588 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.etkowicz @phelanhallinan.corn 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • JONATHAN A. IHNAT • No.: 13-398-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JONATHAN A. IHNAT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 22 WEST WILLOW TERRACE, MECHANICSBURG, PA 17050-1808. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 755588 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 755588 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 755588 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the 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 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 755588 VI. 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, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 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. 755588 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 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. 755588 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 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. 755588 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: C I By: ARr / Jon M. Etkowicz, Esquire Attu ey for Plaintiff 755588 Exhibit "A" 755588 PHELAN HALLINAN,LLP Attorney for Plaintiff Allison F.Zuckerman, Esq.,Id.No.309519 1617 JFK Boulevard, Suite 1400 One.Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE,INC. : CUMBERLAND COUNTY c-.) � `-.' c vs. . COURT OF COMMON PL1 c F� z c, ^-,-, zr- I JONATHAN A.IHNAT : CIVIL DIVISION �D k-a „mac. <c ¢ CD No. 13-398-CIVIL 1'c--) s z ZO - O�' --i a -< `.fl -- 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 JONATHAN A.IHNAT, Defendant(s)for failure to file an Answer to Plaintiff's , -. • . w; . a . • from service thereof and for foreclosure and sale of the mortgaged pie.. .• a z`c,; .�"L�.: ‘,;'1 f damages as follows: As set forth in Complaint $96,390.61 TOTAL $96,390.61 I hereby certify that(1)the Defendant's last known address is 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date //P A • Alli • .Zucke ... ,Esq., Id. . - 1,4 :;.201 •.t' • ntiff DAMAGES HEREBY ASSESSED AS INDICAT "�' f IR. a, ,,p DATE: O -//I J I p'`" PH#755588 PROTHONOTARY 755588 Exhibit "B" 755588 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 September 30th, 2013 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 RE: SUNTRUST MORTGAGE,INC. v. JONATHAN A. IHNAT Premises Address: 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-398-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 10/5/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. doiVr trul t ours,J. Ian M. Etkowicz, Esq., Id.No.208786 A rnty for Plaintiff Enclosure 755588 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County JONATHAN A. IHNAT • • No.: 13-398-CIVIL Defendant • 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 individual on the date indicated below. JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 Phelan Hallinan, LLP DATE: 10/8/45 By: am.dA& Iff Jon.th. - M. owicz, Esquire AT e ' EY FOR PLAINTIFF 755588 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County JONATHAN A. IHNAT • No.: 13-398-CIVIL Defendant • RULE AND NOW, this �/ ' day of Oih 1 r 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T E COURT `_ !7 /4-1L- J. r r , -3 a c a U to , • > 755588 onathan M.Etkowicz,Esq., Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 CO-31*CS 4LL C)////3 755588 755588 :uG L' IONO I'!Q 21113 NOV -0 AAH 10: I I U' ENRIS Y`Lai COUNTY Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County JONATHAN A. IHNAT • • No.: 13-398-CIVIL Defendant • 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 October 9, 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 Defendant on September 30, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. 755588 3. A Rule was issued by on October 11, 2013 directing the Defendant to show cause by October 31, 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 in accordance with the applicable rules of civil procedure. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 31, 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, LL' DATE: /1 ) 7)1 3 By: / J■ ;`han Lob., Esq., Id. No.312174 Attorney for Plaintiff 755588 Exhibit "A" 755588 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 September 30th, 2013 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 RE: SUNTRUST MORTGAGE, INC. v. JONATHAN A. IHNAT Premises Address: 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 13-398-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 10/5/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V- trul ours, ,, Jo an M. Etkowicz, Esq., Id.No.208786 A • ney for Plaintiff Enclosure 755588 Exhibit "B" 755588 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division CUMBERLAND County JONATHAN A. IHNAT No.: 13-398-CIVIL Defendant RULE AND NOW,this day o IP 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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 r d J. iT--; rvo 755588 Jonathan M. F,tkowiez,Esq., Id. No.208786 Phelan Hainan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 755588 755588 SLED-Of Hut. THE PROTHONOTAi~ s 2013 OCT 21 AM 10: 1 I CUMBERLAND COUNTY PENNSYLVANIA tt0 ii 1g0 Copy iril Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 FANNIE MAE("FEDERAL NATIONAL • Court of Common Pleas MORTGAGE ASSOCIATION") 0, to, r„, Plaintiff Civil Division vs. CUMBERLAND County • JONATHAN A. IHNAT • No.: 13-398-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 11, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the followin;; polvidual,gn the date indicated below. JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 Phelan l-lalli n DATE: t `_... t _ l , llason E: l;sq., Id.No.309519 Attnrney(ibr Plaintiff 755588 • Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County JONATHAN A. IHNAT • No.: 13-398-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JONATHAN A. IHNAT JONATHAN A. IHNAT 22 WEST WILLOW TERRACE 22 WILLOW DR MECHANICSBURG, PA 17050-1808 SHIPPENSBURG, PA 17257 Phelan Hallinan, LLP DATE: I f J T)/..3 By: J/athan Lobb, Esq., Id.No.312174 Attorney for Plaintiff 755588 .lip 154f HO N° 2, 1 3 OV 13 AM 10. 1 1 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 SUNTRUST MORTGAGE,INC. • Court of Common Pleas Plaintiff Civil Division vs • CUMBERLAND County JONATHAN A.IHNAT • Defendant No. 13-398-CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION")is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 10/10/2013 in Instrument No. 201333432 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordin:ly. Date: /// f/3 By: Jona;.n Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH#755588 av\ ePq- 0Poa CL 41, 135F2 ,29 ?-(25- Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SUNTRUST MORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JONATHAN A.IHNAT Defendant No. 13-398-CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"), located 14523 SW MILLIKAN WAY SUI'T'E 200 BEAVERTON, OR 97005 Date: i!/ 1 2-113 PHELAN HALLIN ,LLP By: /.L Jon.), an Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PH#755588 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION"). Date: 1/ J 240 PHELAN HALLIN ,LLP By: Jonat n Lobb,Esq.,Id.No.312174 Attorney for Plaintiff PH#755588 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County JONATHAN A. IHNAT No. 13-398-CIVIL Defendant PH#755588 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to FANNIE MAE ("FEDERAL NATIONAL MORTGAGE ASSOCIATION") and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 Date: it/12-1/3 PHELAN HALL1N N,LLP By: Jona an Lobb,Esq.,Id. No.312174 Attorney for Plaintiff U-t i'F ICE 7 FEE PR'0Tf10Nt7 TAR Y 2013 NOY 14 AM 11: 52 CUMBERLAND CGU��i Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JONATHAN A. IHNAT No.: 13-398-CIVIL Defendant ORDER AND NOW, this y� day of (jr&4,) , 2013, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $79,195.78 Interest Through November 14, 2013 $17,429.75 Late Charges $77.10 Legal fees $1,550.00 Cost of Suit and Title $523.35 Escrow Deficit $5,426.32 TOTAL $104,202.30 Plus interest at six percent per annum. 755588 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TNE COURT: J. LL .1 . lob J . AJa - 11114411.3 ii-7 755588 . :ii..EUf1—OFF1 t e' NE E.. N:.+RQ T H 31 S^}" "' . . 2013 NOV 20 Ati 10: 1t2 • PHELAN HALLINAN,LLP • Attorne for Planf ft • y �,� t�, F L, t'40.COU d Y • Adam�I.Davis;Esq.,Id.•No.203034 � � � PENNSYLVANIA"!/'� ' . 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza . Philadelphia,PA 19103 • Adam.Davis @PhelanHallinan.com • • • 215-563-7000 Ili THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY,PENNSYLVANIA•• .• - SUNTRUST MORTGAGE,INC. . : CUMBERLAND COUNTY Plaintiff, . COURT OF COMMON PLEAS v. CIVIL DIVISION JONATHAN A.IHNAT . Defendant(s) No.: 13-398-CIVIL 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 hereto Exhibit"A".. Adam H.Davis,Esq.,Id.No.203034 Date: / �j ///// ( t�, ? Attorney 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. PH#755588 SETERUS,INC. COURT OF COMMON PLEAS Plaintiff • •• .• CIVIL DIVISION • • v. • • • . • • : NO.: 13-398-CIVIL• • . JONATHAN A.IHNAT . . • Defendant(s) - . . . CUMBERLAND COUNTY • AMENDED 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 22 WEST WILLOW • TERRACE,MECHANICSBURG,PA 17050-1808.. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JONATHAN A.IHNAT 22 WEST WILLOW TERRACE, MECHANICSBURG,PA 17050-1808 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JONATHAN A.IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG,PA 17050-1808 . 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) None. 4. Name and address of last recorded holder of every mortgage of record: 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 1100 SUPERIOR AVENUE SUITE 200 C/O EQUITY LOAN SERVICES,INC.ATTN: CLEVELAND,OH 44114 NATIONAL RECORDING TEAM 5 LASALLE BANK,N.A. 4747 WEST IRVING PARK ROAD CHICAGO,IA 50541 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) SILVER SPRING TOWNSHIP AUTHORITY 5 WILLOW MILL PARK ROAD SUITE#3 MECHANICSBURG,PA 17050 PH#755588 SILVER SPRING TOWNSHIP AUTHORITY 23 WAVERLY DRIVE C/O STEVEN A.STINE,ESQUIRE HUMMELSTOWN,PA 17036 • 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 affectedby the sale: •• • . Name . . • • • Address(if address.cannot be ' • . . • reasonably ascertained,please indicate) . • • TENANT/OCCUPANT . 22 WEST WILLOW TERRACE .. • MECHANICSBURG,PA 17050-1808 JONATHAN A IHNAT C/O JOSEPH 5000 RITTER ROAD STE 202 HITCHINGS ROSSMOYNE BUSINESS CENTER MECHANICSBURG,PA 17055 LESLEY IHNAT C/O BARBARA SUMPLE- 549 BRIDGE STREET SULLIVAN NEW CUMBERLAND,PA 17070 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 17108-1754 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: V// ! MI By: / 1 _ __— Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#755588 ■ £102 SZ £00 ,6 1.,68£•OOO • ,• :tom .•p08' C0 £OS6i d 4 m fl /{ V H S id tgfld Sf1 r 1� . Y t . N •• . . . . .4. t\i % VT !lit f 1.0 ' )-,., ' - e DD R _ y • y i • , . • �, s . � , i V . g a �i 8 o. x i d ' 8.1,.8 el a Elf •- V 5 t s•E VI Z ' 3 9 , . o 1I _ 0, to o2 z� C c 2 0. > s, g o g 12 4 PA i tn - W 41 ii 1 �•"' ^ 0 v °' . ° 0 s. , � t & vN• g . u b 1 e'd Al � .:. a � -, .. a 5 n ago L s.o'� t/ 0 o u� x_, w otnop o. ,1),Q -� r. ,s,,,g Fel /a o s 'CV .. V T d t'f "y 1 ' •9 " ! w.e M 57,3 43."--.$-.. .4?),A4.8 .ttri3gtgg-15.?la • ...• z1,2.1 2:2. .a<1,s4. z , . i M p R o EC ,�,� ) Y ,,, 31.W 11111111111111111111111111 00 00 m 2' ' x*. co M e Vii, � � toco25 0 � "4rs. P It 17o im 2c xa�.t . 1! " t0tw �q "A y C • e � tom : W� o cn to ,yam Dg � AcDc., 0 Z. 1 AC, > t � NQ c C - a 0 . 0 !, m n n 4 iii a . ch 4t 2 • I Will 4141 N• bx i 0 1 g w II s tp a• . Oy,N? *1 -2 a 1 , A ,J.iii. y oN . a A i ' '4' tAl U .POSTAGE 1 : •• • YY 7. ,,t. r . . • • .®@. ' * N ''... �.' VP 19103 $002 A(}0 • l►�!' J_• 02 1Y1 • :k+•$r-k 0001381 191 NOV 04 2013 Li- THE PROTNONOTARy PHELAN HALLINAN, LLP 2013 DEC -9 AM 10: 0 7 Attorney for Plaintiff N CUMBERLAND COUNTY JFK Boulevard, Suite 1400 PENNSYLVANIA OU One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 • SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY • Plaintiff • COURT OF COMMON PLEAS • vs. • CIVIL DIVISION • • JONATHAN A. IHNAT • NO. 13-398-CIVIL • • Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to JONATHAN A. IHNAT on OCTOBER 23, 2013 in accordance with the Order of Court dated OCTOBER 8, 2013. The property was posted on OCTOBER 28, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: a sl�J BY: °A !A./ W1,10 Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SUNRRUST MORTGAGE,INC. • CIVIL DIVISION Plaintiff c • NO. 13-398-CIVIL m= 47.3- V. z"1 CI rnF Z -off, JONATHAN A.IHNAT O0 ca • > x+• c' Z • Defendant ORDER v s cry o AND NOW,this 8 a day of Gt lr-- ,2013,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendant JONATHAN A.IHNAT by: REGULAR MAIL TO JONATHAN A.IHNAT at 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 Service by mail is complete upon the date of mailing a 1° si1l.I.• "DANA., r+,h•r.s 6,5 P!k' n a n �-� CERTIFIED MAIL TO JONATHAN A.IHNAT at 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 Service by mail is complete upon the date of mailing a... 1.• z (43:11...4 'l)gia►c. I Sti�ra.,rio. P 4 rr i s POSTING 22 WEST WILLOW TERRA, MECHANICSBURG,PA 17050-1808 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY T i^ COURT: e J. PH#755588 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE,MECHANICSBURG,PA 17050-1808 n " a9 b -3 r = re eD y� � O ° ay m CD M `2 z �N 00 J O, U ? w N - 9 y i0, N ` °, * z 1 O O c * e CD a0 * * * �„� * * * * * * * * * * * * * * 1, to N r..,7 N cr b : WO ![1�7 N z : O 8E. � �• ro � zen 1 so rii w Ztr" y r ,.. y Y tr, c, Cr 0 CO IF:i ,t'. P., tai ; oro � t7 > � � > R Y :. Cr" 0 � o a � D2 n • › ti, › na › w � �Z y �] c H 2 E o i+� rro OCr1 51 p .. 1-1 vB y � 2 (� g o a 0G1 00 P+' A CZ y O Co'V y O 1 . ?.e n N t a °° ii n * ro O N g N 0 - .. H i 'i• U.S.POSTAGE>>PITNEY BOWES ....."' .II ...05 I__.w, eti7it.a.=,ass■ t� 4,$ ZIP 19103 002400 • 11 • 02 11N mot` • 0001381191 OCT 23 2013 I 11 INN • 7178 2417 6099 0148 6761 LXH/755588 JONATHAN A. IHNAT 22 WEST WILLOW TERRACE MECHANICSBURG, PA 17050-1808 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register I Sign In usPsSearch USPS.crom or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions TM Customer Service> USPS Tracking Have questions?Were here to help. Tracking Number:71782417609901486761 Scheduled Delivery Day:October 25,2013 Product & Tracking Information Available Options Postal Product: Features: Retum Receipt Electronic First-Class Mail® Certified Mail November 19,2013, Delivered PHILADELPHIA,PA 19103 11:09 am November 18,2013, Available for Pickup PHILADELPHIA,PA 19103 11:38 am November 17,2013,9:37 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility November 16,2013,5:18 Processed through LANCASTER,PA 17604 pm USPS Sort Facility November 16,2013 Depart USPS Sort LANCASTER,PA 17604 Facility November 15,2013,7:31 Processed through LANCASTER,PA 17604 am USPS Sort Facility November 9,2013,2:07 Unclaimed MECHANICSBURG,PA 17055 Pm October 25,2013,11:30 Notice Left MECHANICSBURG,PA 17050 am October 25,2013,10:08 Sorting Complete MECHANICSBURG,PA 17055 am October 25,2013,8:58 Arrival at Unit MECHANICSBURG,PA 17055 am October 25,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility October 24,2013,11:04 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility October 24,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility October 23,2013,10:28 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility October 23,2013,9:13 Accepted at USPS PHILADELPHIA,PA 19103 pm Origin Sort Facility October 23,2013 Electronic Shipping Info Received https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901486761 11/27/2013 1 1 1111 1101 7178 2417 6099 0148 6778 LXH/755588 JONATHAN A. IHNAT 22 WILLOW DR SHIPPENSBURG, PA 17257-0000 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com®- USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register 1 Sign In aFUSPS.COM. Search USPS.corn or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions c Tracking�+ TM Customer Service U r[�t7 I 1 acki ng Have questions?We're here to help. Tracking Number:71782417609901486778 Scheduled Delivery Day:October 25,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Maile Certified Mail November 1,2013,11:43 Delivered PHILADELPHIA,PA 19103 am October 31,2013,11:33 Available for Pickup PHILADELPHIA,PA 19103 am October 31,2013,10:50 Arrival at Unit PHILADELPHIA,PA 19104 am October 31,2013,12:48 Processed through PHILADELPHIA,PA 19176 am USPS Sort Facility October 30,2013,1:07 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility October 29,2013,8:16 Processed through LANCASTER,PA 17604 pm USPS Sort Facility October 28,2013,1:42 Processed through LANCASTER,PA 17604 pm USPS Sort Facility October 25,2013,5:10 No Such Number SHIPPENSBURG,PA 17257 Pm October 25,2013 Depart USPS Sort HARRISBURG,PA 17107 Facility October 24,2013,11:06 Processed through HARRISBURG,PA 17107 pm USPS Sort Facility October 24,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility October 23,2013,10:28 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility October 23,2013,9:13 Accepted at USPS PHILADELPHIA,PA 19103 pm Origin Sort Facility October 23,2013 Electronic Shipping Info Received Track Another Package What's your tracking(or receipt)number? Track It https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901486778 11/27/2013 • AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY FANNIE MAE("FEDERAL NATIONAL MORTGAGE ASSOCIATION") PH#755588 DEFENDANT SERVICE TEAM/sot JONATHAN A.IHNAT COURT NO.:13-398-CIVIL SERVE JONATHAN A.IHNAT AT: TYPE OF ACTION 22 WEST WILLOW TERRACE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17050-1808 SALE DATE:12/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER**PLEASE RUSH POSTING PLEASE POST BY 11/1/13*** SERVED Served and made known to JONATHAN A.1HNAT,Defendant on the 23 day of 0CT° ,20 (?,at 10£3O o'clock 4. M., at 22 WEST WILLOW TERRACE,MECHANICSBURG, PA 17050-1808, in the manner described below: _Defendant personally 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. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other- I, d ,a competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's 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 unworn falsification to authorities. DATE: to! NAME: �\ II (11A)(1 4)a-�-(r`+ h� -► PRINTED NAME: 1 TITLE: ATTORNEY FOR PLAINTIFF PHELAN HALLINAN,LLP One Penn Center at Suburban Station 1617 John F.Kennedy Blvd., Suite 1400 Philadelphia,PA 19103-1814 (215)563-7000 --.)"\I\ SHEFiFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,,x1,9 of t"lUtair 67444 Jody S Smith �� .. 'i li 23 AM S° F9 Chief Deputy Richard W Stewart Solicitor ` o" ` '` " ° ` r PENNSYLVANIA Suntrust Mortgage, Inc. Case Number vs. 2013-398 Jonathan A Ihnat SHERIFF'S RETURN OF SERVICE 09/25/2013 Jason Kinsler, Deputy, 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 22 West Willow Terrace, Mechanicsburg, PA, Cumberland County. 09/27/2013 Brian Barrick, Deputy, 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: Jonathan A. Ihnat at the Cumberland County Sheriffs Office, 1 Courthouse Square, Carilsle, Cumberland County on 9/26/13 at 1610 hrs. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of the Bank of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $791.77 SO ANSWERS, February 18, 2014 RONR ANDERSON, SHERIFF f OD pal. . �•a,S' ppi .4. e4. 4 cre S7J t-1- 14`'` 30) 2.5-3 is C^un'.vSulte ShenIf,1 cic;s^tt,Ir^. LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-398 Civil Term SUNTRUST MORTGAGE,INC. vs. JONATHAN A.IHNAT Atty.:Joseph Schalk By virtue of a Writ of Execu- tion No. 13-398-CIVIL, SUNTRUST MORTGAGE, INC. v. JONATHAN A. IHNAT owner(s)of property situate in SILVER SPRINGS TOWNSHIP,CUM- BERLAND County, Pennsylvania, being 22 WEST WILLOW TERRACE, MECHANICSBURG,PA 17050-1808. Parcel No.38-17-1023-025. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$96,390.61. 67 • 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: October 11, October 18 and October 25, 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. Lisp Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 C-. ..1.-Z-0--tte---4- d'• ,/ - Notary N TAFii SEAL DEBORA;r{A COLLINS Notary Pune GP.RLISLE BOROUGH,CUMBERLAND COUNTY' Fey Commission Expires Apr 29,2014 The Patriot-News Co. 2020 Technology Pkwy e PatriotXews Suite 300 Mechanicsburg, 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 the Assistant Controller 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. PUBLICATION COPY This ad ran on the date(s)shown below: 10/13/13 2013-398 Clvil Term SUNTRUST MORTGAGE,INC. 10/20/13 JONATHAN A IHNAT •�� 10/27/13 Atty: Joseph Schalk !"13-398-CIVIL 98-CI of a Writ of Execution No. // 13-398-CIVII, �! SUNTRUST MORTGAGE,INC. v. JONATHANA.IHNAT o n ti and subscribed befor; - this 11 day of November, 2013 A.D. owner(s) of property situate in SILVER SPRINGS TOWNSHIP, CUMBERLAND County,Pennsylvania,being I I I t 22 WEST WILLOW TERRACE, . \ —�. _• •_ MECHANICSBURG,PA 17050.1808 Otilir Pub No.38-17-1023-025. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount:$96,390.61 C ,.y.1: NW:S,l..T;-1 OF PENNT(LVANIA i ell,,,Lynn�:,F,. n�,rtc,l ry Fk bllc W's'tirrt: 1 iohln Cr��rnty My Ccitilr"` nn f'xp c a bas.12,2016 ncv t. 7-v c i-xrrtrt a�cc�c tn'ifc��+ , Mss Ati{ES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, 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 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 9th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 398, at the suit of Suntrust Mortgage Inc against Jonathan A. Ihnat is duly recorded as Instrument Number 201404211. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of r e� • , A.D. a© (L Depu/v Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018