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HomeMy WebLinkAbout13-2288 Supreme Court -of. Pennsylvania COUr C,omI110- i1,Pleas For Prothonotary Use Only: 'i *Cov ;Feet v % j . AI r CU E ° i'AN? County Docket No: wo The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: 9 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SUNTRUST MORTGAGE, INC. Lead Defendant's Name: THOMAS E. TOOMBS T I Are money damages requested? ❑Yes 19 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 19 outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: John Michael Kolesnik Esq., Id. No.308877, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. _ TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort ' Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Legal ❑ Other: ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01101/2011 Or" THE P F TH0tg0TfiliY 2013 AP14 26 A1 #0: 05 CUMBERLAND COUNTY PENNISYLVANIA 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 SEMMES AVENUE COURT OF COMMON PLEAS P.O. BOX 27767 RICHMOND, VA 23224 -7767 CIVIL DIVISION Plaintiff TERM NO. THOMAS E. TOOMBS TINA L. TOOMBS CUMBERLAND COUNTY 854 LINDSEY ROAD CARLISLE, PA 17015 -9223 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 4Ia3.7 a fit File 4: 319900 �� �� 0Q9��� 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: THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE, PA 17015 -9223 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 06/08/2009 THOMAS E. TOOMBS and TINA L. TOOMBS 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 Instrument No. 200921567. By Assignment of Mortgage recorded 01/07/2013 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201300539.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 11/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 319900 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 04/19/2013: Principal Balance $205,631.26 Interest @ 5.00000% $5,647.83 10/01/2012 through 04/19/2013 $0.00 Late Charges $179.70 Property Inspections $60.00 Property Preservations $0.00 Appraisal /BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $745.73 TOTAL $212,264.52 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 File #: 319900 the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $ 212,264.52 , 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 LLINAN, LLP By: Jo ichael Kolesnik, Esq., Id. No.308877 A orney for Plaintiff File #: 319900 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, described in accordance with a Final Minor Subdivision Plan for Lindsey Acres, prepared by Steven G. Fisher, R.S., as last revised on December 1, 1983, a copy of which is recorded in Cumberland County Plan Book 45, Page 56, bounded and described as follows: BEGINNING at a point in the original centerline of 20 -foot wide Township Road T -517, known as Lindsey Road at the dividing line between Lot Nos. 2 and 3 on the aforementioned Subdivision Plan; thence along said dividing line, South 03 degrees 13 minutes 35 seconds West 300 feet to a'point; thence along the dividing line between Lot Nos. 1 and 3 on said Plan, North 86 degrees 46 minutes 25 seconds West 100.00 feet to a point; thence along the dividing line between Lot Nos. 3 and 4 on said Plan, North 03 degrees 13 minutes 35 seconds East 300 feet to a point in the original centerline of said 20 -foot wide Lindsey Road; thence along said original centerline of Lindsay Road, South 86 degrees 46 minutes 25 seconds East 100.0 feet to a point, the place of BEGINNING. BEING all of Lot No. 3 as shown on said Final Minor Subdivision Plan for Lindsey Acres, recorded as aforesaid. SO MUCH of the above described lot of land which lies within the dedicated right of way of Township Road T -517, known as Lindsey Road, has been dedicated as a portion of the right of way of Lindsey Road as shown on Final Minor Subdivision Plan for Lindsey Acres. PROPERTY ADDRESS: 854 LINDSEY ROAD, CARLISLE, PA 17015 -9223 PARCEL # 40 -10- 0636 -073 File #: 319900 VERIFICATION hereby states that he /she is Officer 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: DATE: Title: Officer 1 SUNTRUST MORTGAGE, INC. File #: 319900 Name: TOOMBS File #: 319900 FORM 1 IN THE COURT OF COMMON PLEAS SUNTRUST MORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. o THOMAS E. TOOMBS - 3° w --q TINA L. TOOMBS rr3 r ;.. Defendant(s) o Wcivil `o rn pC? . D Cn —+ I NOTICE OF RESIDENTIAL MORTGAGE FORECL I� DIVERSION PROGRAM =C c3c) p.� © --4rrl cam' You have been served with a foreclosure complaint that could cause you to lose your home. Ch �? If you own and live in the residential property which is the subject of this focclosure 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) 2439400 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, whch 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 attemptto 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 hwyer 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. Ifyou 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 submitted: q hk - 1 Date /'07� n Michael Kolesnik, Esq., Id. o.308877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date 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: CUSTOM ER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: -- Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: -- 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 #l: 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. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. I I 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 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): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the 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) 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 ftzrther 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 #: 319900 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - � � � r,s Sheriff �9 �wf�ia�r,;~,r,�rr Jody S Smith 2013 MAY 13 AM 10: 37 Chief Deputy k " Richard W Stewart CUMBERLAND AND COUNT Solicitor err< °r? rv; urtr= PENNSYLVANIA NIA Suntrust Mortgage Inc. Case Number vs. 2013-2288 Thomas E Toombs (et al.) SHERIFF'S RETURN OF SERVICE 05/02/2013 03:08 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas E Toombs at 854 Lindsey Road, South Middleton, Carlisle, PA 17015. DF,P IS FRY, DE . 05/02/2013 03:08 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Thomas Toombs Husband, who accepted as "Adult Person in Charge"for Tina Toombs at 854 Lindsey Road, South Middleton, Carlisle, PA 17015. DENT IS FRY, DEP SHERIFF COST: $50.78 SO ANSWERS, 6� May 03, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. 1'!LED-OFFICE ICE OF THE P OTHC,°�O Tip 20,13 JUL 19 PM 2. M CUMBERLAND COUNTY 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. 2013-2288-Civil THOMAS E. TOOMBS TINA L. TOOMBS Cumberland County 854 LINDSEY ROAD CARLISLE,PA 17015-9223 Defendants 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 April 26, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 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 May 2, 2013, Plaintiff completed service on Defendants 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 813658 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. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60)days of service. 7. Since Defendants have 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: I 3 BY: s h . Schalk, Esquire A m *ttmey;f�or Plaintiff 813658 Exhibit A 813658 mco ro r- i� -ern N� C, 2 p g oQ < ZO = On C7 --Irk PHELAN HALLINAN,'LLP � 4 John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,.PA 19103 215-563-7000 SUNTRUST MORTGAGE, INC. 1001.SEMMES AVENUE COURT OF COMMON PLEAS P.O.BOX 27767 RICHMOND,VA 23224-7767 CIVIL DIVISION Plaintiff TERM V. 9 THOMAS E.TOOMBS NO. TINA L.TOOMBS CUMBERLAND COUNTY 854 LINDSEY ROAD CARLISLE,PA 17015-9223 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE Wo y ;alitj hatIft �wa�eatAd � , File#: 319900 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. t 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 N: 319900 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:: THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/08/2009 THOMAS E. TOOMBS and TINA L. TOOMBS 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 Instrument No. 200921567. By Assignment of Mortgage recorded 0l/07/2013 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201.300539.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. 101 9(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 11/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File#; 319900 by written notice sent to Mortgagor, the entire principal balance and all interest due .thereon are collectible forthwith. 6,. The following amounts are due on the mortgage as of 04/19/2013-;. Principal Balance $2055631.26 Interest @ 5.00000% $5,647.83 10/01/2012 through 04/19/2013 $0.00 Late Charges $179.70 Property Inspections $60.00 Property.Preservations $0.00 Appraisal/BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $745.73 TOTAL $212,264,52 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;aid/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 Fite#: 31990.0 the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983. because the mortgage is FHA-:insured. WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $212,264.52,,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..; P14ELAN`.: . . r-TNAX LLP By.. - _ Tat; � lgbW'Kolesnik, Esq.,Id. No.308877 :7 "aindyfor Plaintiff i r File#: :1.19900 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middleton Township,Cumberland County, Pennsylvania, described in accordance with a.Final Minor Subdivision Plan for Lindsey Acres,prepared by Steven G. Fisher, R.S., as last revised on.Decem.ber 1, 1983, a copy of which is,recorded in Cumberland County Plan Book 45, Page 56, bounded and described as follows: BEGINNING at a point in the original centerline of 20-foot wide Township Road T-517,known as Lindsey Road at the dividing line between Lot Nos. 2 and 3 on the aforementioned Subdivision Plan; thence along said dividing line, South 03 degrees 13 minutes 35 seconds West 300 feet to a point; thence along the dividing line between Lot Nos. 1 and 3 on said Plan,North 86 degrees 46 minutes 25 seconds West 100.00 feet to a point;thence along the dividing line between Lot Nos. 3 and 4 on said Plan,North 03 degrees 13 minutes 35 seconds East 300 feet to a point in the original centerline of said 20-foot wide Lindsey Road;thence along said original centerline of Lindsay Road, South 86 degrees 46 minutes 25 seconds East 100.0 feet to a point, the place of BEGINNING. j BEING all of Lot No. 3 as.shown on said Final Minor Subdivision Plan for Lindsey Acres, recorded as aforesaid. SO MUCH of the above described lot of land which lies within the dedicated right of way of Township.Road.T-517, known as Lindsey Road,has been dedicated as a portion of the right of way of Lindsey Road as shown on Final Minor Subdivision Plan for Lindsey Acres. PROPERTY ADDRESS: 854 LINDSEY ROAD, CARLISLE,PA 17015-9223 r PARCEL#40-10-0636-073 File#: 319900 VERIFICATION Officer hereby states that he/she is of SIJNTRUST MORTGAGE, INC., Plaintiff in this matter,that he/she is authorized to snake this Verification, and.verify,that the statementsmade 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. j1 ( . Nam CX�Q� DATE `� ., �l��_� e Title:. Officer SUNTRUST MORTGAGE,INC. File# 319900 Name: TOOMBS i k F06 fi: 319900 FORM I IN THE COURT OF COMMON PLEAS SUNTRUST MORTGAGE,INC,.- OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. THOMAS E.TOOM13S TINA L.TOOMBS 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 forclosure action,you may be able to participate in a court-supervised conciliation.conference in an effort to resolve this matter with your lender. ydu'do n6ti►nyca'IstNvy_qr,yoll.:Musftike the•tollow.iqg-steps to be eligible for a conciliation conference. Mist,*Mn­1*d6ty-(2-'0)1!d3'yq"Of your must contact MidPenn Legal Services at(717)2439400 P twenty(20)days-of the app6intntnt.fte Durfug,thatmecting,y0u,,niustproV,i e'the legal re pre sciiWtive 1 ith _11 requested,,financiathif6rmiti-60 If you iand.y.ourle' I wit filed -y _11 thd COU4 wlich,must be r ith,lhg (60}dtij!s afi the service V oliyouor the f0redWijmebi*a ia.. If you do so and a con6iligibn coqfbrance is�sclicouledj',YOUWR10't iff) :p opp6rf"ity to meet rwith'.a repre gonfA6 v6 of"y wr lender rl,-.anA1q9n1 b but tvemooable�arraAgeme;ts with your jenAcrbef6rt;th,e.hiortgagp,'f!oj-,Olpsur,p;gfjit. cods tdpward- #.,you a*ie fe J ",.6Wftt,6.dby,,A,1myyer,you and rnxlsftakc4he foffimiiw,§f�,q 1 0 s,to be tgib glor a .'"Adfiati von1e;rc'&1t%,b.6t pes tw ego] co on n `wyer'vi",a T.0peesWitative.14ow, P6wrnbst0r6Vi ro be prepared Offy6brb6half. f aft%nmadh0d. fyoLl an. '0111 1tw iL 'are-mnd,B4.0. Roques ust be.filed prep— 'for�Concil within sikfy(60)Oay, on conference i§' .vof,1h,e,ser-v)b6;upo u the:foreclosure ii&eduled,y6u­wil1.ha*,p air.opportartityfa Y x1o,an.AtIcip to-work out reasonahle 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. ra Respectfully submitted: Date Michael Kolesnik,Esq.,Id. No.308877 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your regiv6§t f6t hardship assistance,your lender must consider your circumstances to determine possible options ons while working with your counseling agency. Please provide the following information to .the best ofyour knowledge: CUSTOMERAIRIMARY APPLICANT Borrower names): Property Address: City: Stale:. Zip: Is the property for sale? Yes E No Ej Listing date: Price: $ Realtor Name: Realtor Phone:. Borrower Occupied? Yes F] No Marling Address(if different): City: State:--Zip- Phone Numbers: Home: Office: Cell; Other: Email: #of people in household: How long?„ 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[Q If yes,provide names, location of court,case number& attorney: Assets Am.oul t.Owd.d: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ .. Savings: $ $ Other: A:ut6t1766fl6.A1:a.Model: Year: Amount aiQd _ _ Value: Automobile#2: Model: Year: Amount owed: Value: {3t ter.,tramporfal�on-aautoniobi es bot_i t motcirc, c es ; Model: :Year.. Amount owed:,_ Value Vlibtts'l�income X'we of Emplt yom.' Monthly>Grass Monthly Net Via.. Marifl�ly'Gross, N1oi�thly Net M90hly Ga oss Monthly Net dianal Itotie escri Ad ppn {got wages): 1. n onth:ly,-.ntnorur.2 i �,: .. _ _montli�y�:ax77olt"l= Borrr�vver)' y La ys Co�73�irrower:Pay Days* IVlonthly Expenses:(Please only include expenses you are currently paying) EXPENSE AMOUNT ENSE.. AMOUNT Foots .. 'Utilities. _ Car Pa'nen#s Condo7Neiy h.Fees Auto Iusuirn.ce:: Ivied.,not:covered Auto,itto'llre arrs-- Other ro. ,, pa y °.merit Install.Loan Pa,nSnt Cable TV ,. Child-.$,upp prt/Alini S end'n Mone Pa ,(Clirld Jc arell`uxt. OtherE�c ei�scs; 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 M 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? i Yes ❑ No❑ i 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: authorize the above named to uselrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the 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 agreemient(if property is currently on the market) Exhibit B 813658 1 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson � Sheriff au�tr Jody S Smith r Chief Deputy j Richard W Stewart Solicitor 0MCE OF THE SHEWF j Suntrust Mortgage Inc. Case Number vs. Thomas E Toombs(et aL) 2013-2288 j SHERIFFS RETURN OF SERVICE i r ! 05/02/2013 03:08 PM•Deputy Dennis Fry,being duty sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,-to wit:- ' Thomas E Toombs at 854 Lindsey Road,South Middleton,Carlisle, PA 17015. D6NNIS FRY,DEJRTTY 05/02/2013 03:08 PM-Deputy Dennis Fry,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Thomas Toombs Husband,who accepted as "Adult Person in Charge"for Tina Toombs at 854 Lindsey Road, South Middleton,Carlisle, PA 17015. DE IS FRY,DEP _.�_. SHERIFF COST:$50.78 SO ANSWERS, May 43, 2013 RON J R ANDERSON,SHERIFF r 1 r i tt}cou*s0he Stoop,7oreotoft Inc, 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. 2013-2288-Civil THOMAS E. TOOMBS TINA L. TOOMBS Cumberland County 854 LINDSEY ROAD CARLISLE, PA 17015-9223 Defendants 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: THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 Date: g qA Jo /�/J ph . Schalk, Esquire orney for Plaintiff 813658 r 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 Term V. No. 2013-2288-Civil THOMAS E. TOOMBS TINA L. TOOMBS Cumberland County 854 LINDSEY ROAD CARLISLE,PA 17015-9223 Defendants ORDER AND NOW,this Z Z'* day of ���� , 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: :-.:a C) cv J. ;j Lo:Z, Lj : ? . -,a L) 813658 , CC: Thomas E. and Tina L. Toombs Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff /PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 THOMAS E. TOOMBS i <T1NA L. TOOMBS 854 LINDSEY ROAD CARLISLE, PA 17015-9223, (� 813658 HE PROTfjoNoTj�i,f PHELAN HALLINAN, LLP AUG 13 AN 10: 1 Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 6 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 allison.zuckerman@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS THOMAS E.TOOMBS CIVIL DIVISION TINA L. TOOMBS No. 13-2288-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 THOMAS E.TOOMBS and TINA L. TOOMBS, 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 $212,264.52 TOTAL $212,264.52 I hereby certify that(1) the Defendants' last known address is 854 LINDSEY ROAD, CARLISLE,PA 17015-9223, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ! A CIlisonR Zuckerman, Esq., Id. No.309519 Atton for Plaintiff ., DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P14#813658 PROTHONOTARY ku-• "i A �&'?3'5145 ?4 MCI WS C 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 COURT OF COMMON PLEAS VS. . CIVIL DIVISION THOMAS E. TOOMBS TINA L. TOOMBS No. 13-2288-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 THOMAS E. TOOMBS is over 18 years of age and resides at 854 LINDSEY ROAD, CARLISLE, PA 17015-9223. (c) that defendant TINA L. TOOMBS is over 18 years of age and resides at 854 LINDSEY ROAD, CARLISLE, PA 17015-9223. This statement is made subject to the penalties of 18 Pa. C.S..Section 4904 relating to unsworn falsification to authorities. Date a, P Hallinan,LLP Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1.617 JFK Boulevard, Suite 1.400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 813658 ' Department of Defense Manpower Data Center Results as of:Aug-12-201301.35.50 SCRA 3.0 Status Report P rs n 1c •Sorvicomomi bees,Civil Relief Ad Last Name: TOOMBS First Name: THOMAS Middle Name: E. Active Duty Status As Of: Aug-12-2013 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 individuals'active-duty status based onthe Actives Dtitj Status Data F d Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End'Date Status Service Component NA a ^�A - -c Nod' NA This response reflects where the individual left active duty'status within 367 days preceding the Active Duty Status Date 4, ) The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status - - Service Component NA ':NA No NA This response reflects whether the individual orhis/her unit has received early notifiealiori to report for active duty Upon searching the data banks of the Department of Defense ManpoiData-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,NOAH,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. Mary M.Snavely-Dixon,Director Department of Defense-.Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-12-2013 01:36:54 SCRA 3.0 rst nt io Setvicemembers Civil Relief Ad Last Name: TOOMBS First Name: TINA Middle Name: V Active Duty Status As Of: Aug-12-2013 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 reflecs the Indididuals'active'duty,stalu"s 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 a _: NA :.:No NA This response reflects whemthe individual left active duty status within'367 days preceding the Active Duty Status Date F The Member or His/Her Unit Was Notified of a Future Call-Up'to Active Duty on Active Duty Status Dale Order Notification Start Date - Ordet Notification End Date Status Service Component NA -ANA-' T :No NA This response reflects whether the ndtvidual orhis/her unit has-received'eatly 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. 41131 ),- 00t Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. THOMAS E.TOOMBS NO. 13-2288-CIVIL TINA L.TOOMBS Defendant(s) CUMBERLAND COUNTY TO: THOMAS E.TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-922IZ1111 3 DATE OF NOTICE: ' 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 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: �AZJLI- jo alllln L tihh,Exq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#813658 ,I SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. THOMAS E.TOOMBS NO. 1372288-CIVIL TINA L.TOOMBS Defendant(s) CUMBERLAND COUNTY TO: TINA L.TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 DATE OF NOTICE: 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 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: .I ai:han Lobby Esq.,Id.No.312174 Attorney for Plaintiff Phelan HAllinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#813658 (Rule of Civil Procedure No. 236) -Revised SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS THOMAS E. TOOMBS TINA L. TOOMBS CIVIL DIVISION No. 13-2288-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 813658 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.: 13-2288-CIVIL THOMAS E.TOOMBS TINA L.TOOMBS Defendant(s) CUMBERLAND COUNTY To the Prothonotary: C-_ _0:X M Co Issue writ of execution in the above matter: M rti _. G73 - ice Amount Due -< c� . $212,264.52 -<> Interest from 08/13/2013 to Date of Sale 3 9'17.46 ($34.89 per diem) A o Cl Mr•', � � Z TOTAL $216,241.98 . 6elan al * a P AIlison ckerman,Esq.,Id.No.309519 Attorney for Plaintiff Note: Please attach'description of property. PH#813658 � 10, 0/ a s 14�5 �01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA : SUNTRUST MORTGAGE,INC. Plaintiff V. THOMAS E.TOOMBS TINA L.TOOMBS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: ZK� Address where papers may be served: THOMAS E.TOOMBS P Ian linan, LP 854 LINDSEY ROAD All F.Zuck an,E q.,Id.No.309519 CARLISLE,PA 17015-9223 Attorney for aintiff TINA L.TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 pn f�" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and,improvements thereon erected situate in South Middleton Township,Cumberland County,Pennsylvania,described in accordance with a Final Minor Subdivision Plan for Lindsey Acres,prepared by Steven G.Fisher,R.S.,as last revised on December 1, 1983, a copy of which is recorded in Cumberland County Plan Book 45,Page 56,bounded and described as follows: BEGINNING at a point in the original centerline of 20-foot wide Township Road T-517,known as Lindsey Road at the dividing line between Lot Nos.2 and 3 on the aforementioned Subdivision Plan;thence along said dividing line,South 03 degrees 13 minutes 35 seconds West 300 feet to a point;thence along the dividing line between Lot Nos. 1 and 3 on said Plan,North 86 degrees 46 minutes 25 seconds West 100.00 feet to a point; thence along the dividing line between Lot Nos. 3 and 4 on said Plan,North 03 degrees 13 minutes 35 seconds East 300 feet to a point in the original centerline of said 20-foot wide Lindsey Road; thence along said original centerline of Lindsay Road,South 86 degrees 46 minutes 25 seconds East 100.0 feet to a point,the place of BEGINNING. BEING all of Lot No. 3 as shown on said Final Minor Subdivision Plan for Lindsey Acres,recorded as aforesaid. SO MUCH of the above described lot of land which lies within the dedicated right of way of Township Road T-517,known as Lindsey Road,has been dedicated as a portion of the right of way of Lindsey Road as shown on Final Minor Subdivision Plan for Lindsey Acres. TITLE TO SAID PREMISES IS VESTED IN Thomas E. Toombs and Tina L. Toombs,h/w, by Deed from Michael T. Green, single person and Kelly D. Green, single person, dated 12/21/2007, recorded 12/21/2007 in Instrument Number 200747173. PREMISES BEING: 854 LMSEY ROAD,CARLISLE,PA 17015-9223 PARCEL NO.40-10-0636-073 t d i_ -OFFICE Attorneys for Plaintiff PHELAN HALLINAN, LLP O F i[.J L PRO TH ON0 TP t R,` Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400. 2013 AUG 13 AN 10: 17 One Perin Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY allison.zuckerman @phelanhallinan.com PENNSYLVANIA 215-563-7000 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION V. NO.: 13-2288-CIVIL THOMAS E. TOOMBS TINA L. TOOMBS 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Y: P 4FuckermanpEsq.,n, L . lliso Id.No.309519 Attorney for Plaintiff i l .ED- 'r f=ICE SUNTRUST MORTGAGE, INC.(r; { , Cl1ill �"�r COURT OF COMMON PLEAS Plaintiff 2t 13 hUG 13 CIVIL DIVISION V. CIS. MBERLAND couNT`t' pENNSYLVA 1A NO.: 13-2288-CIVIL THOMAS E. TOOMBS TINA L. TOOMBS 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 854 LINDSEY ROAD, CARLISLE,PA 17015-9223. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) THOMAS E.TOOMBS 854 LINDSEY ROAD, CARLISLE,PA 17015-9223 TINA L.TOOMBS 854 LINDSEY ROAD, CARLISLE,PA 17015-9223 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) THOMAS E.TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 TINA L.TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 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) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 813658 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 854 LINDSEY ROAD CARLISLE,PA 17015-9223 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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. By: elan Hallman,L 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 21.5-563-7000 PH# 813658 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 13-2288-CIVIL THOMAS E.TOOMBS TINA L. TOOMBS CUMBERLAND CDQUYC),-, Defendant(s) MM =M C= M NOTICE OF SHERIFF'S SALE OF REAL PROPERTY <;> TO: THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD Cc CARLISLE,PA 17015-9223 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WELL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 854 LINDSEY ROAD,CARLISLE,PA 17015-9223 is scheduled to be sold at the Sheriff's Sale on 1210412013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$212,264.52 obtained by SUNTRUST MORTGAGE,INC. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments,late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. �. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of. distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION n By virtue of a Writ of Execution No. 13-2288-CIVIL SUNTRUST MORTGAGE, INC. V. THOMAS E. TOOMBS TINA L. TOOMBS owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 854 LINDSEY ROAD, CARLISLE,PA 17015-9223 Parcel No. 40-10-0636-073 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $212,264.52 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in South Middleton Township,Cumberland County,Pennsylvania,described in accordance with a Final Minor Subdivision Plan for Lindsey Acres,prepared by Steven G.Fisher,R.S.,as last revised on December 1, 1983, a copy of which is recorded in Cumberland County Plan Book 45,Page 56,bounded and described as follows: BEGINNING at a point in the original centerline of 20-foot wide Township Road T-51.7,known as Lindsey Road at the dividing line between Lot Nos.2 and 3 on the aforementioned Subdivision Plan;thence along said dividing line,South 03 degrees 13 minutes 35 seconds West 300 feet to a point;thence along the dividing line between Lot Nos. 1 and 3 on said Plan,North 86 degrees 46 minutes 25 seconds West 100.00 feet to a point; thence along the dividing line between Lot Nos. 3 and 4 on said Plan,North 03 degrees 13 minutes 35 seconds East 300 feet to a point in the original centerline of said 20-foot wide Lindsey Road; thence along said original centerline of Lindsay Road,South 86 degrees 46 minutes 25 seconds East 1.00.0 feet to a point,the place of BEGINNING. BEING all of Lot No. 3 as shown on said Final Minor Subdivision Plan for Lindsey Acres,recorded as aforesaid. SO MUCH of the above described lot of land which lies within the dedicated right of way of Township'Road T-517,known as Lindsey Road,has been dedicated as a portion of the right of way of Lindsey Road as shown on Final Minor Subdivision Plan for Lindsey Acres. TITLE°TO SAID PREMISES IS VESTED IN Thomas E. Toombs and Tina L. Toombs, h/w, by Deed from Michael T. Green, single person and Kelly D. Green, single person, dated 1.2/21/2007, recorded 12/21/2007 in Instrument Number 2007471.73. PREMISES BEING: 854 LINDSEY ROAD,CARLISLE,PA 17015-9223 PARCEL NO.40-10-0636-073 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2288 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 THOMAS E.TOOMBS,TINA L.TOOMBS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession. of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due:$212,264.52 L.L.: $.50 Interest FROM 8/13/2013 TO DATE OF SALE($34.89 PER DIEM)-$3,977.46 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.53 Other Costs: Plaintiff Paid: Date:August 13,2013 David DABu 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 -T AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PH#813658 DEFENDANT SERVICE TEAM/lxh THOMAS E.TOOMBS COURT NO.:13-2288-CIVIL TINA L.TOOMBS SERVE TINA L.TOOMBS AT: TYPE OF ACTION 854 LINDSEY ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015-9223 SALE DATE: December 4,2013 SERVED Se d and made known to TINA L.TOOMBS,Defendant on the day of AUGU&T ,20 13,at o'clock .M.,at —N bS _,in the manner described below: Defendant rrsonally 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: �j� u � Description: Age ✓ % Height Weight2Qb s Race VV Sex—r—Other 1,4 GL�1Et1Q , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unswom falsification to authorities. DATE: ' 13 NAME: ��,, s� (���� PRINTED NAME: �e * � TITLE: Qr � &C'T'L4,f— NOT SERVED On the da of 20_,at o'clock_.M.,I, a competent adult hereby state that Deefendant Nb I UU197because: _Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 C7 r• =` One Penn Center Plaza rt Philadelphia,PA 19103 (215)563-7000CY3 < �—r AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PH#813658 DEFENDANT SERVICE TEAM/lxh THOMAS E.TOOMBS COURT NO.:13-2288-CIVIL TINA L.TOOMBS SERVE THOMAS E.TOOMBS AT: TYPE OF ACTION 854 LINDSEY ROAD XX Notice of Sheriff's Sale CARLISLE,PA 17015-9223 SALE DATE: December 4,2013 SERVED 1Se;fed and made known W THOMAS E.TOOMBS,Defendant on the day of �6o�T ,20(3,at ,o'clock .M.,at V Nt�� '(LcA0 in the manlier described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is •' 'M1 L-r T0bP%S 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 5 Weight 2aLD�S Race W Sex 1—Other I,744`�6E'tAt* ' a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: � �Y°3� NAME: PRINTED NAME: W6C y TITLE: @Lo tas NOT SERVED On the da of 20_,at o'clock_.M.,1, a competent adult hereby state that—eTendyant Nom-because: _Vacant Does Not Exist Way)� _Moved _Does Not Reside(Not Vacant) No Answer on at_� /� at Service Refused lV Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 M ear (215)563-7000 ' –<> Ca CID CD C �a } > o. ..b.' w 2i113 NOV -7 MI IC: I I PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id. No.308877 L,Ut°18ERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE,INC. CUMBERLAND COUNTY Plaintiff, . . COURT OF COMMON PLEAS v. . CIVIL DIVISION THOMAS E.TOOMBS . TINA L.TOOMBS No.: 13-2288-CIVIL Defendant(s) . AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) .nd/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached h•e • .'bit"A". J �� oh ael Kolesnik,Esquire ///5/.2 orney for Plaintiff Date: 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#813658 Name and Phelan Halligan,LLP Address 1617 MK Boulevard,Suite 1400 Of Sender . One Penn Center Plaza Philadelphia,PA 14103 AZK/CET-12/0tt2013 SALE Line •Article Number Naine of Addressee.gam,and Port Office Address „ra 1 a*** TENANT/OCCUIPANT Pos4sgz z`854 LINDSEY ROAD f0.4i CAR..L1SLE,PA 17015-9223 2 •w Conanonwealth etPennsylcania Bureau oflndhdduai Taxes Inheritance Tax Division $0.45 Al Sib Floor,Strawberry Sq. Daps 280601 '°;``'!o s x.. iiarriotiuxg,PA 17128 "r: t 3 :':: Deportment of Public Welfare,TM Casualty Uric,Estate Recovery Program "0 4 A P.O.Box$46bi $ Willow Oats Building a a" {' Nfu Haborg,l'A 17105 4 «»r* Domestic Relations of "` Cumberland County $OAS 13 North Hanover Street • Carlisle,PA 17013 5 ":' Commonwealth of Pennsylvania Department of Welfare .SO.AS P.O.Sax 2675 Harrisbnt PA 17105 k 6 ••`r lutar�lRevenue Service Advisory EV a - ' 1000 liberty Avenue boom 704 Pittsburgh,PA 15222 7 or:" U.S.Department ofJusdee 10).45 U.S.Attorney for the Middle Distriet-af PA .a5 Federal Building 228.Walnut Street,Suite 220 PO Box 11754 _. Banishing,PA 17108-1754 r Tad Nuatrrsr Taal N.,r if Is Pte .Res Neste of '-. -' Rees Lied ley Shades Re,e r l e Pei Moe Rereirit¢rimW»�es.) '�'deter r nested r L7 ffime k m.3�,...,...- in�„„y Inc n.eY��,m v.�„„n Di�ee ?ca shoe aiS50(tOX1 doCrnitros vRe Patptcu Mat decwret+'ureic [emlraner a MAO per .. - T=adza c ler�camcnm'Re amirtnm Seventy'urek en Ewes Mortmnchmlisp is SN13. ��. +ocpgiry peones s SURD°tor epee epeeist wna.real wl s«,.,lintel wau"urc.Sec D.,∎ ,.:Kali Form 3377 Fad mile moa San w itaKU ,re,�ea,. - • 1'1LFD-O F[O CF 1-1E PROTUGHOTAR't Phelan Hallinan, LLP 2flI.3 DEC -9 AM IO: 14 John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County THOMAS E. TOOMBS • TINA L. TOOMBS : No.: 13-2288-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 26, 2013. 2. Judgment was entered on August 13, 2013 in the amount of$212,264.52. 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. 813658 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $205,631.26 Interest Through November 29, 2013 $11,927.12 Late Charges $179.70 Legal fees $1,725.00 Cost of Suit and Title $853.95 Property Inspections $40.00 Escrow Deficit $3,188.17 TOTAL $223,545.20 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 Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 6,2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 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 "C". 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 July 22, 2013 . 813658 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /ift//.? By: il7e Kolesnik, Esquire ATTORNEY FOR PLAINTIFF 813658 Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • THOMAS E. TOOMBS TINA L. TOOMBS • No.: 13-2288-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE THOMAS E. TOOMBS and TINA L. TOOMBS 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 854 LINDSEY ROAD, CARLISLE, PA 17015-9223. 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, Defendants 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. 813658 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit 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 813658 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to 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 813658 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs 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. 813658 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. 813658 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 Sheriffs 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 Sheriffs sale date, as their interests will be divested by the Sheriffs 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. 813658 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. 813658 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 By: DATE: /2/‘ j y. Michael Kolesnik, Esquire Attorney for Plaintiff 813658 Exhibit "A" 813658 • c PHELAN HALLINAN,LLP Attorney for Plf Allison F.Zuckerman,Esq.,Id. No.309519 cf) w °� 1617 JFK Boulevard,Suite 1400 a 3". _4,23 n One Penn Center Plaza '. x c� Philadelphia,PA 19103 n °{rn allison.zuckerman@ phelanhallinan.com , 215-563-7000 SUNTRUST MORTGAGE,INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS THOMAS E.TOOMBS : CIVIL DIVISION TINA L.TOOMBS 1 File CoN I No. 13-2288- '+i l Rely/ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Ap File Copy Kindly enter judgment in favor of the Plaintiff and again''sJ '. •num.. E.TOOMBS and TINA L.TOOMBS,Defendant(s)for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $212,264.52 nom no CaPfi TOTAL PIOUS WI $212,264.52 hereby certify that(1)the Defendants'last known address is 854 LINDSEY ROAD, CARLISLE,PA 17015-9223, and(2) Unit notice has.be=n given in accordance with Rule Pa.R.C.P 237.1. Date S `?j, • •Ilison F.Zuckerman,Esq.,Id. No.309519 Attorney for Plaintiff DAMAGES HEREBY ASSESSED AS INDICATED. DATE: I3/3 PH#813658 PROTHONOTARY 813658 Exhibit "B" 813658 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November 6,2013 THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE,PA 17015-9223 RE: SUNTRUST MORTGAGE,INC.v. THOMAS E. TOOMBS and TINA L. TOOMBS Premises Address: 854 LINDSEY ROAD CARLISLE,PA 17015 CUMBERLAND County CCP,No. 13-2288-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/12/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly Ors, di John `oir Kolesnik, Esq., Id. No.308877 Atto°cy for Plaintiff Enclosure 813658 -1.$•;''.1..f , , ' .:. d. - i r• "ti-**'''..;*,�, r • .. .,, .� r t i L d , x 31x ' " ♦• .� 5 i i " v r x 7 A •':,0.''''."-.'A,',.:=. x� . wn .1�,:s ... "'$ ,T.•?n M` :Y . : s i �.:.. :r7 .,y::::::.-4.:',......*... filar I) M £10Z 9.0 i".04•11,6 t t 9 E t 020 4 '1,*0r - O9 099.100 £0t 6i dl7 5 m0e).3N.I.ki<<3 V..$ S{1 �.1.J4 r. k o ci 0 11 •iii • iii liii . ., 4■ n ga v v IF, . ocr•1g tIi rs � �, i 5. :a z a. 4 0 W pa c. -0 Li 0 v o, `r' ate '" po l'4 J - -czttiSio . ..1 �- 6. 2 El 11 , 4 V .0 . w a g 13 Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • THOMAS E. TOOMBS TINA L. TOOMBS • No.: 13-2288-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE, PA 17015-9223 Phelan Hallinan, LLP DATE: i2 CM By: i J I ichael Kolesnik, Esquire /ATTORNEY FOR PLAINTIFF 813658 • l ± 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • v. CUMBERLAND County • THOMAS E. TOOMBS TINA L. TOOMBS • No.: 13-2288-CIVIL Defendants RULE AND NOW, this IC day of �t-c 4 .- 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. rn r) -v..:C. 813658 f • John Michael Kolesnik,Esq., Id.No.308877 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 AHOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE, PA 17015-9223 eQ p l £.S fiLV.4 Lt.> 02 /4 / 813658 813658 cp 1‘..0 c LED-01 fHE PROTHONOTARY 2013 DEC 16 AM 10: 15 CO PENNSYLVAN A 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 vs. • CUMBERLAND County • THOMAS E. TOOMBS TINA L. TOOMBS • No.: 13-2288-CIVIL • Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on December 6, 2013 in the above referenced action. Phela, 'al i n, P • DATE: 1?/ V2/ 13 By: � ` 4 Jo than . tk.wicz, Esq., Id.No.208786 Atte-•- or Plaintiff 813658 r 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 • vs. CUMBERLAND County • THOMAS E. TOOMBS TINA L. TOOMBS • No.: 13-2288-CIVIL • Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. THOMAS E. TOOMBS TINA L. TOOMBS 854 LINDSEY ROAD CARLISLE, PA 17015-9223 Ph- . all A LLP DATE: \7y( IZ (s By: Jo atha M. owicz,Esq., Id.No.208786 Att.4- for Plaintiff 813658 Ronny RAnderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ' SHERIFF'S OFFICE OF CUMBERLAND' COUNTY r//E.D'pcF/cr U- THE pRO_.��� - PROTHONOTARY ` �y �� ---- �Q���r�/�����UBTY *7�aOFn*n�Eo�p ~~'.~�..^'.^.~ COUNTY PENNSYLVANIA 2014 MAR �7 �� �� �O - � '. ~ °° Suntrust Mortgage Inc. vs. Thomas E Toombs (et aL) Case Number SHERIFF'S RETURN OF SERVICE 09/27C2013 02:53 PM - Deputy Brian Grzyboski, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr .NodpaandOaachpdon.and8o|eHandbiUindhe above titled action, upon the property located at 854 Lindsey Road, South Middleton, Carlisle, PA 17015, Cumberland County. 09/30/2013 12:45 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personaily handing a true copy to a person representing themselves to be the Defendant, to wit: Tina Toombs at 854 Lindsey Road, South Middleton, Carlisle, PA 17015, Cumberland County. 09/30/2013 12:45 PM - Deputy William Cline, being duly sworn according to Iaw, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personaily handing a true copy to a person representing themselves to be Tina Toombs, Wife, who accepted as "Adult Person in Charge" for Thomas E Toombs at 854 Lindsey Road, South Middleton, Carlisle, PA 17015, Cumberland County. 12/04C2013 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, Penn | i 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 Suntrust Mortgage Inc., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $809.04 SO ANSWERS, February 20, 2014 (c)noun*aw Sheriff, mleow Inc. RON R ANDERSON, SHERIFF 1 . V On August 14, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 854 Lindsey Road, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 14, 2013 By: Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013 -2288 Civil Terse SUNTRUST MORTGAGE INC. vs. THOMAS E. TOOMBS, Tina Toombs Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13- 2288 - CIVIL, SUNTRUST MORTGAGE, INC. v. THOMAS E. TOOMBS, TINA L. TOOMBS owner(s) of property situate in SOUTH MID - DLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 854 LINDSEY ROAD, CARLISLE, PA 17015 -9223. Parcel No. 40 -10- 0636 -073. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $212,264.52. 125 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. SWORN TO AND SUBSCRIBED before me this 5 da of October 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 202 •Technology.Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c�he iJatriot4ews Now you know 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 2013.2288 CMI Term SUNTRUST MORTGAGE INC. vs. THOMAS E TOOMBS Tina Toombs Atty: Joseph Schalk By virtue of a Writ of Execution No. 13- 2288 -CIVIL SUNTRUST MORTGAGE, INC. v. THOMAS E. TOOMBS TINA L. TOOMBS owner(s) of property situate in SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 854 LINDSEY ROAD, CARLISLE, PA 17015 -9223 Parcel No. 40 -10. 0636 -073 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $212,264.52 This ad ran on the date(s) shown below: 10/13/13 10/20/13 1 0/27/13 Sworn o ..n• subscribed before me this 11 day of November, 2013 A.D. F PENNSYLVANIA Notarial Seal n Warfel, Notary Public on Twp., Dauphin County mission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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 Suntrust Mortgage Inc. 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 13th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2288, at the suit of Suntrust Mortgage Inc. against Thomas E. Toombs and Tina L. Toombs is duly recorded as Instrument Number 201406178. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a7 , A.D. 901 Li- day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018