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HomeMy WebLinkAbout13-2651 Supreme Court -of Pennsylvania Cour' O Commo Pleas For Prothonota ry Use Only: 'vi�l�Cove�, �eet C>> B)�� � ,r COURt3' Docket No: u} The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: SUNTRUST MORTGAGE, INC. Lead Defendant's Name: LARRY MACCURRY T I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits Q (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an N MJ Appeal? ❑ Yes 0 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 Se] 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: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory B ❑ Other: ❑ Eminent Domain /Condemnation Arbitration ❑ Ground Rent ❑ Declaratory Judgment ❑ Landlord/Tenant Dispute ❑ Mandamus ® Mortgage Foreclosure: Residential ❑ Non- Domestic Relations PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial Restraining Order • Dental ❑ Partition ❑ Quo Warranto • Legal ❑ Quiet Title ❑ Replevin • Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 F11 G , r TiE PHELAN HALLINAN, LLP �( John Michael Kolesnik, Esq., Id. No.308Hi3 Wi 13 AM 1617 JFK Boulevard, Suite 1400 1` 1)"1B ERLANQ COUNTY ATTORNEY FOR PLAINTIFF One Penn Center Plaza p Bt4NSY RANI A Philadelphia, PA 19103 215 -563 -7000 SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224 -7767 CIVIL DIVISION Plaintiff TERM // -- V. NO. / 3 -a b LARRY MACCURRY 915 OLD SILVER SPRING ROAD CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -2884 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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: LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055 -2884 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/16/2005 LARRY MACCURRY 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 Pd a File #: 321090 �jkj 4 ? �Q a0►egs is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1907, Page 3914. By Assignment of Mortgage recorded 12/10/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201238197.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 01/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 5/7/2013: Principal Balance $70,220.39 Interest $1,938.84 12/1/2012 through 5/7/2013 Late Charges $82.89 Property Inspections $60.00 Property Preservations $0.00 Appraisal /BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $15.00 Escrow Deficit $0.00 Escrow Credit ($189.41) TOTAL $72,127.71 File #: 321090 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $72,127.71, 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 HALLINAN, LLP By: J Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff File #: 321090 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced to below as'Walnut Villas Condominium', located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. Section 3101 et seq. (Pardon Supp. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium, dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book Vol. 308, Page 147, which Declaration has been amended as follows; First Amendment to Declaration of Condominium dated December 31, 1985 and recorded December 31, 1985 in the aforesaid Office at Miscellaneous Book 313, Page 133, and amended by Second Amendment of Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987 in the aforesaid Office at Miscellaneous Book 331, Page 933, and further amended by Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Miscellaneous Book 335, Page 283, and further amended by Fourth Amendment of Declaration of Condominium dated November 10, 1987 and recorded November 30, 1987 in the aforesaid Office at Miscellaneous Book 343, Page 368 and further amended by Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded April 18, 1988 in the aforesaid Office at Miscellaneous Book 348, Page 868, and further amended by Sixth Amendment of Declaration of Condominium dated October 12, 1988 and recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084, and further amended by Seventh Amendment of Declaration of Condominium dated June 1, 1989 and recorded June 2, 1989 in the aforesaid Office at Miscellaneous Book 364, Page 1060, and further amended by Eighth Amendment to Declaration of Condominium dated June 20, 1989 and recorded June 23, 1989 in the aforesaid Office at Miscellaneous Book 365, Page 899. File #: 321090 BEING designated as Unit No. 915 with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by and further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record, including (but not limited to) those contained in the instruments recorded in the aforesaid Office in Miscellaneous Book Vol. 304, Page 227, Miscellaneous Book Vol. 304, Page 566. PROPERTY ADDRESS: 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055 -2884 PARCEL # 18-22- 0519- 001.- U -L915- File #: 321090 VERIFICATION lG�f2c -l�, hereby states that he /she is �(/Y of SUNTRUST MORTGAGE, INC., Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: h� a f� Title: SUNTRUST MORTGAGE, INC. File #: 321090 4 , File #: 321090 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 321090 FORM I IN THE COURT OF COMMON PL A$—, OF CUMBERLAND COUNTY PENN�VAIA - SUNTRUST MORTGAGE, INC. -� � Plaintiff(s) :% VS. ), LARRY MACCURRY p � •� � c's Defendants) Civil � G 7:5 C:) S rs p NOTICE OF RESIDENTIAL MORTGAGE FORECLO DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 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 preside the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you willhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so Shat a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully su i bmitted: Date John 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 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 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: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER 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: PrimM Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I. 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. 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff Ttifl?dC!f ;�'c Jody S Smith colorg".1,11sl� Chief Deputy Richard W Stewart Solicitor Orr!CE 01, �.,MPJrr Suntrust Mortgage Inc. vs. Case Number Larry Maccurry 2013-2651 SHERIFF'S RETURN OF SERVICE 05/20/2013 08:24 PM - Deputy Ryan Burgett, 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: Larry Maccurry at 915 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055. RYAN B U RG SETT, SHERIFF COST: $39.30 SO ANSWERS, May 24, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott.Inc. I�i..LO-C'I�t=ICS 0 F i�L Pi-i0TII0N0 fA X013 AUS 16 15 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 Term t Plaintiff V. No.2013-2651-CIVIL LARRY MACCURRY Cumberland County 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Suntrust Mortgage, Inc., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On May 13, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due January 1, 2013, 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 20, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service 814848 is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant 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 HAL IN kN, LLP Date: BY: Abse JhSchaik, Esquire Plaintiff 814848 Exhibit A 814848 FORM I IN THE COURT OF COMMON PLEAS SUNTRUST MORTGAGE,INC. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. LARRY MACCURRY Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)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.Durbig that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you willhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointni6nt of a legal , representative.However,you must provide your lawyer with all requested financial information so tat a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully sulbtniticdi LAVIIJ Date John Michael Kolesnik,Esq.,Id, John 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 E II/P111 MARV 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 0 No ❑ Mailing Address(if different) City: -. State: Zlp: Phone Numbers: Home:.. Office: Cell: Other: Email: -.. . #of people in household: How long? Mailing Address: City State_p• 7_,i Phone Numbers: Homer Office: Cell: Other: Email: _ # of people in household:. How long? FINANCIAL INFORMATION First Mortgage Lender: _.. ... _ Type of Loan: Loan Number: bate You Closed Your Loan: Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Prima Reason for Default: Is the Ioan in Bankruptcy? Yes❑ No ❑ If yes, provide names, location of court, case number&attorney:_ Assets Amount Owed: Value: Home: $ Other Real Estate: $ $_ - Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: Amount owed: Value: Automobile#2: Model Year: Amount owed: Value: Other transportation (automobiles,boats,motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I. Manl ly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description(not wages): I. monthly amount: 2. `nontbly 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" Mortgage Utilities Car Payment s) Condo/Nei b. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install.Loan Payment Cable TV Child Sup port/Alim... Spending Money __ Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income& xpenses: Have you been working with a Housing Counseling Agcncy? 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(HE.MAP) 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 Uwe 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.stateinents 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 further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR.LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PER.SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (71.7)249-3166 (800)990-9108 File fl: 321090 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 v. NO. LARRY MACCURRY 915 OLD SILVER SPRING ROAD CUMBERLAND COUNTY MECHANICSBURG,PA 17055-2884 Defendant Zg c� CIVIL ACTION-LAW rnm rn- COMPLAINT IN MORTGAGE FORECLOSURE Va �� ca 40 1. Plaintiff is co y. C)"n SUNTRUST MORTGAGE, INC. y=—, 1001 SEMMES AVENUE ^' P.O. BOX 27767 N RICHMOND,VA 23224-7767 2. The name(s)and last known address(es)of the Defendant(s)are: LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 05/16/2005 LARRY MACCURRY 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 AT MNEY.KE COP'S Ali oo�p� PLEAS RMRN abest"andw � File#: 321090 � �Ifiled�u,"cod is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1907,. Page 3914. By Assigrur►ent of Mortgage recorded 12/10/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201.238197.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 01/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6: The following amounts are due on the mortgage as of 5/7/2013: Principal Balance $70,220.39 Interest $1,938.84 1.2/1/2012 through 5/7/2013 I.,ate Charges $82.89 Property Inspections $60.00 Property Preservations $0.00 Appraisal/BPO $0.00 Mortgage Insurance Prernium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $15.00 Escrow Deficit $0.00 Escrow Credit ($189.41) TOTAL $72,127.71 Filed: 321090 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention.to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or.has/have been denied assistance by the Pennsylvania Housing.Finance Agency. WHEREFORE; Plaintiff demands an.in rem judgment against the Defendant(s) in the sum of $72,127.71, 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 HALLINAN, LLP By: } - Jol r Nf=ic:li,ael-Kolesnik, Esq., Id. No.308877 A ' ttorney y for Plaintiff file#: 321090 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known,named and identified in the Declaration referenced to below as 'Walnut Villas Condominium, located in the Borough of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat.Ann. Section 3101 et seq. (Pardon Supp. 1985), by the recording in the Office of the Recorder of Deeds of Cumberland Comity, Pennsylvania., of a Declaration of Condominium, dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book Vol. 308,Page 147, which Declaration has been amended as follows; First Amendment to Declaration of Condominium dated December 31, 1985 and recorded December 31, 1985 in the aforesaid Office at Miscellaneous Book 313, Page 133, and amended by Second Amendment of Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987 in the aforesaid Office at Miscellaneous Book 331,Page 933, and further amended by Third Amendment to Declaration of Condominium dated June 12, 1,987 and recorded.June 12, 1987 in the aforesaid Office at Miscellaneous Book 335,Page 283, and further amended by Fourth Amendment of Declaration of Condominium dated November 10, 1987 and recorded November 30, 1987 in the aforesaid Office at Miscellaneous Book 343, Page 368 and further amended by Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded April 18, 1988 in the aforesaid Office at Miscellaneous Book 348, Page 868, and further amended by Sixth,Amendment of Declaration of Condominium dated October 12, 1988 and recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084, and further amended by Seventh Amendment of Declaration of Condominium dated June 1, 1989 and recorded June 2, 1989 in the aforesaid Office at Miscellaneous Book 364,Page 1060, and further amended by Eighth Amendi-nent to Declaration of Condominium dated June 20, 1989 and recorded June 23, 1989 in the aforesaid Office at Miscellaneous Book 365, Page 899, File#: 321,096 BEING designated as Unit No. 915 with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by and further amendments thereto hereafter recorded in the aforesaid.office. UNDER.AND SUBJECT to any and all covenants, conditions,restrictions,rights of way, easements and agreements of record, including(but not limited to)those contained in the instruments recorded in the aforesaid Office in Miscellaneous Book Vol. 304,Page 227, Miscellaneous Book Vol. 304,Page 566. PROPERTY ADDRESS: 915 OLD SILVER SPRING ROAD, MECHANICSBURG,PA 17055-2884 PARCEL# 18-22-0519-001.-U-L915- File#: 321090 l� VERIFICATION o hereby states that he/she is of SUNTRUST MORTGAGE, INC., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements:made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns.worn falsification to authorities. DATE: ame .ir ,� �t'. ! ` Title: SUNTRUST MORTGAGE, INC. File#: 321090 Pile fl: 321090 Exhibit B 814848 li SHERIFF'S. OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �t1ti�tyt of�anr��r./�i Jody S Smith b Chief Deputy • Richard W Stewart ' F Solicitor OFFICE*F THE.£.L:5RIFF i I t Suntrust Mortgage Inc. vs. Case Number f Larry Maccurry 2013-2651 l SHERIFF'S RETURN OF SERVICE 05/20/2013 08:24 PM-Deputy Ryan Burgett,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 vrit:Larry Maccurry at 915 Old Silver Spring Road, Mechanicsburg Borough,Mechanicsburg, PA 17055. RYAN BURGETT, i SHERIFF COST:$39.30 SO ANSWERS, May 24,2013 *RbNW R ANDERSON,SHERIFF f E l s 3 (t!CounlySofte SSMelnfi,T6feo6off.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 Tenn Plaintiff V• No.2013-2651-CIVIL LARRY MACCURRY Cumberland County 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 Date: (3 By: os h . Schalk, Esquire Att me for Plaintiff 814848 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 Term Plaintiff V. No. 2013-2651-CIVIL LARRY MACCURRY Cumberland County 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 Defendant ORDER AND NOW,this 2 day of All'Wok , 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: J. r7 Z ZZ —� CD :cr z CD-,, -{ Cn 814848 a cc : Larry MacCurry Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 4HELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 /''LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 814848 FILED-CF FIC CF THE PROTHONOTAFC: PHELAN HALLINAN, LLP 2913 SEP 30 All 9: 58 Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 140(EUME3ERLANO COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS LARRY MACCURRY : CIVIL DIVISION : No. 13-2651-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 LARRY MACCURRY, 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 $72,127.71 TOTAL $72,127.71 I hereby certify that (1) the Defendant's last known address is 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date '7/27// 7 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff �+� DAMAGES ARE HEREBY ASSESSED AS INDICATED. ! DATE: l 3 e PH#814848 PROTHONOTARY \L� 13SI©q 814848 40C\ PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. . : CIVIL DIVISION LARRY MACCURRY . : No. 13-2651-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 LARRY MACCURRY is over 18 years of age and resides at 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ! /2 7/0 /e s. / 64/,r Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 814848 Results as of:Sep-27-2013 12:08:24 Department of Defense Manpower Data Center SCRA 3.0 SLIMS 1tt rt Pursuant to Scrvicernembers Civil Relief Act y,� box Last Name: MACCURRY First Name: LARRY Middle Name: Active Duty Status As Of: Sep-27-2013 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 on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date 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 or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. yjfkult, yA. htgLool7.._[,4011,1•:39.„._. 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. LARRY MACCURRY NO. 13-2651-CIVIL Defendant(s) CUMBERLAND COUNTY TO: LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-X2884 DATE OF NOTICE: 7772— / 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 11 1': Adam H.Davis,Esq.,Id.No.20 303,1 Attorney for Plaintiff Phelan Hallinan,LLP 16I7 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#814848 (Rule of Civil Procedure No. 236) -Revised SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS LARRY MACCURRY : CIVIL DIVISION : No. 13-2651-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on_et‘a).112 417\ 17, By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 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.** 814848 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.: 13-2651-CIVIL LARRY MACCURRY Defendant(s) • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: 2 , C w Amount Due $72,127.71 rrn co cn r`, tTt rn r" Interest from 10/1/2013 to Date of Sale $1,850.16 3-. o o ($11.86 per diem) r- < c'] — TOTAL $73,977.87 2 441111 . Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#814848 cr-0 Il.o. s0 `t .� �28_. oS 14L-r S. SE)` 1-' Ot# /Y1/452M ,;::Rquici r .1 tei‘...Z7s-7,s PHELAN HALLINAN, LLP w L)- . u,f- r;. ,,. Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 't PRO T LION 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza SAP 30 1411 IQ: c!i Philadelphia, PA 19103 CUMBERL Adam.Davis @PhelanHallinan.com PENNS LV C I T;' 215-563-7000 ��f A SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-2651-CIVIL LARRY MACCURRY Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ✓t/1 Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff SUNTRUST MORTGACR, 1 } a( w. • COURT OF COMMON PLEAS Plaintiff " '`;J. _H NC 1f t , • 2013 SEP 30 A1110: 61 CIVIL DIVISION v. CUMBERLAND COUNTY NO.: 13-2651-CIVIL LARRY MACCURRY PENNSYLVANIA 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 915 OLD SILVER SPRING ROAD,MECHANICSBURG,PA 17055-2884. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 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) WALNUT VILLAS CONDOMINIUM C/O PROPERTY MANAGEMENT INC. ASSOCIATION PO BOX 622 LEMOYNE,PA 17043-0622 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CORINTHIAN MORTGAGE CORPORATION 13861 SUNRISE VALLEY DRIVE DB/A SOUTHBANC MORTGAGE SUITE 100 HERNDON,VA 20171 CORINTHIAN MORTGAGE CORPORATION 1063 TECHNOLOGY PARK DRIVE D/B/A SOUTHBANC MORTGAGE C/O GLEN ALLEN,VA 23059 GENERAL AMERICAN CORPORATION MERS,AS NOMINEE FOR CORINTHIAN P.O.BOX 2026 MORTGAGE CORPORATION DB/A FLINT,MI 48501-2026 SOUTHBANC MORTGAGE MERS,INC. FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA,FL 34474 PH# 814848 MERS,INC. AS OF 12/6/10,1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 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) WALNUT VILLAS CONDOMINIUM 212 NORTH THIRD STREET ASSOCIATION HARRISBURG,PA 17108 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 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 HSBC MORTGAGE SERVICES 636 GRAND REGENCY BOULEVARD BRANDON,FL 33510 MERS,AS NOMINEE FOR HSBC P.O.BOX 2026 MORTGAGE SERVICES FLINT,MI 48501-2026 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: ?/2 t, 3 By: �iG'1/ Phelan Hallinan,LLP Adam H. Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 814848 C t�,.. _ti i nn F fiQr,iNIiJ 3r SUNTRUST MORTGAGE,INC : COURT OF COMMON PLEAS 2013 SEP 30 Am IO: Oti Plaintiff : CIVIL DIVISION CUMBERLAND COUNTY • PENNSYLVANIA vs. : NO.: 13-2651-CIVIL LARRY MACCURRY Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 915 OLD SILVER SPRING ROAD,MECHANICSBURG,PA 17055-2884 is scheduled to be sold at the Sheriff's Sale on 03/05/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$72,127.71 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 LEGAL DESCRIPTION ALL THAT CERTAIN Unit in the property known,named and identified in the Declaration referenced to below as Walnut Villas Condominium',located in the Borough of Mechanicsburg,County of Cumberland, Commonwealth of Pennsylvania,which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act,68 Pa.Cons. Stat.Ann. Section 3101 et seq. (Purdon Supp. 1985),by the recording in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,of a Declaration of Condominium,dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book Vol. 308,Page 147,which Declaration has been amended as follows;First Amendment to Declaration of Condominium dated December 31, 1985 and recorded December 31, 1985 in the aforesaid Office at Miscellaneous Book 313,Page 133, and amended by Second Amendment of Declaration of Condominium dated March 23, 1987 and recorded March 27, 1987 in the aforesaid Office at Miscellaneous Book 331,Page 933,and further amended by Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Miscellaneous Book 335,Page 283,and further amended by Fourth Amendment of Declaration of Condominium dated November 10, 1987 and recorded November 30, 1987 in the aforesaid Office at Miscellaneous Book 343,Page 368 and further amended by Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded April 18, 1988 in the aforesaid Office at Miscellaneous Book 348,Page 868,and further amended by Sixth Amendment of Declaration of Condominium dated October 12, 1988 and recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book 355,Page 1084,and further amended by Seventh Amendment of Declaration of Condominium dated June 1, 1989 and recorded June 2, 1989 in the aforesaid Office at Miscellaneous Book 364,Page 1060,and further amended by Eighth Amendment to Declaration of Condominium dated June 20, 1989 and recorded June 23, 1989 in the aforesaid Office at Miscellaneous Book 365,Page 899. BEING designated as Unit No.915 with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as so amended and as further amended by and further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants,conditions,restrictions,rights of way,easements and agreements of record,including(but not limited to)those contained in the instruments recorded in the aforesaid Office in Miscellaneous Book Vol. 304,Page 227,Miscellaneous Book Vol. 304,Page 566. TITLE TO SAID PREMISES IS VESTED IN Larry MacCurry, adult individual, by Deed from Mary E. Allison, single person, dated 05/16/2005, recorded 05/19/2005 in Book 268, Page 4732. PREMISES BEING: 915 OLD SILVER SPRING ROAD,MECHANICSBURG,PA 17055-2884 PARCEL NO. 18-22-0519-001.-U-L915- SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2651-CIVIL SUNTRUST MORTGAGE, INC. v. LARRY MACCURRY owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884 Parcel No. 18-22-0519-001.-U-L915- (Acreage or street address) Improvements thereon: CONDOMINIUM UNIT Judgment Amount: $72,127.71 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2651 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 LARRY MACCURRY (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: $72,127.71 L.L.: $.50 Interest FROM 10/1/2013 TO DATE OF SALE($11.86 PER DIEM)-$1,850.16 Atty's Comm: Due Prothy: $2.25 Atty Paid: $188.05 Other Costs: Plaintiff Paid: Date: 9/30/13 David D Buell,Pro ary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H. DAVIS,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. 203034 L 7 At, 3 �r r rr f iT tir 4 :s. , � F L�fryl�,i>^1 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County LARRY MACCURRY • • No.: 13-2651-CIVIL Defendant • PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 13, 2013. 2. Judgment was entered on September 30, 2013 in the amount of$72,127.71. 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 814848 , 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 March 12, 2014. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $70,220.39 Interest Through December 20, 2013 $4,709.63 Late Charges $82.89 Legal fees $1,725.00 Cost of Suit and Title $838.05 Property Inspections $120.00 Non Sufficient Funds Charge $15.00 Escrow Deficit $1,196.15 TOTAL $78,907.11 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 814848 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: I ail 3'l 3 By: - John D. Kr hn, Esquire ATTORNEY FOR PLAINTIFF 814848 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • LARRY MACCURRY • No.: 13-2651-CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LARRY MACCURRY 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 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884. 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. 814848 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 814848 • 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 814848 • 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 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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 814848 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. 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 Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee 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 814848 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. 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. 814848 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. 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 814848 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. 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. 814848 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Il it3/13 By: �..---- John D. ohn, Esquire Attorney for Plaintiff 814848 Exhibit "A" 814848 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 2 °,ti 1617 JFK Boulevard,Suite 1400 ,,03 tab —4 One Penn Center Plaza TT).- Philadelphia,PA 19103 z73 w�or.. Adam.Davis@ PhelanHallinan.com , 215-563-7000 an _ SUNTRUST MORTGAGE,INC. . CUMBERLAND COUNTY5:7.c •tcl got m vs. : COURT OF COMMON PLEA'S -4 LARRY MACCURRY : CIVIL DIVISION : No.13-2651-CI P�ASFRFj�copr 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 LARRY MACCURRY, 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: ATTOHNEY FILE copy As set forth in Complaint Pj- R $72,127.71 TOTAL $72,127.71 I hereby certify that(1)the Defendant's last known address is 915 OLD SILVER SPRING ROAD,MECHANICSBURG,PA 17055-2884,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date V17//•7 A64440- Adam H.Davis,Esq.,Id.No.203034 477-44,9rney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA1fi!sEREr �y DATE: Ck\10,\3 •, PH#814848 PROTHONOTARY 814848 Exhibit "B" 814848 • 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 December 13, 2013 LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 RE: SUNTRUST MORTGAGE,INC.v. LARRY MACCURRY Premises Address: 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-2651-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, ., Id.No.312244 Attorney for Plaintiff Enclosure 814848 ...;;»?+ - .A^pls+Yf+..M�R.. -�-. ...�'.'M'..W-.rIM•�+M•a.. r.........�y.-..-. r......w.+.a..•a�ess.•�:.,..r ,...�_�... .. ..v w.-...x..i.+..e+..arm•b...r — • 0993.00 $ CO si -`6-.4 S3M ika<4.5 ISOd S n 0 .. v ._ o4 r. 2 € . a g Ili. 'ill liii 111; i _ . ii gikx2 3 Q i�. , A co M fict 0. 1e , ro . v ° � u o w . o a� ti a At Ut i u a r, as sr n 4 q pas c, c o 5 a , 4 a 2 a- c ,ate z x � o aw - tea cx .� � to Pgs t*: r- O b i M E ^v t/ v " co p A i�«CY'4�4 t fE .; Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.lcrohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division • v. • CUMBERLAND County LARRY MACCURRY • • No.: 13-2651-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 Phelan Hallinan, LLP DATE: )2123113 By: John D. Kro , Esquire ATTORNEY FOR PLAINTIFF 814848 1 ,1 -.• t i 21,t_L ) L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County LARRY MACCURRY • No.: 13-2651-CIVIL Defendant • RULE AND NOW,this Z day 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY TI COURT J. 814848 ut hf PRO iHO Qr4; 2014.lAN -8 PH 1: 06 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff Civil Division vs. • • CUMBERLAND County LARRY MACCURRY • • No.: 13-2651-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 2, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 Phelan Hallinan, LLP DATE: //7//y By: John D. Kro , Esq., Id.No.312244 Attorney for Plaintiff 814848 • • Lr I.� r'ENNsy TY Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County LARRY MACCURRY • No.: 13-2651-CIVIL Defendant • MOTION TO MAKE RULE ABSOLUTE SUNTRUST MORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 26, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 13, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 814848 3. A Rule was issued by the Honorable Kevin A. Hess on or about January 2, 2014 directing the Defendant to show cause by January 22, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on January 7, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 22, 2014. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /k y t/y By: John D. Kr , Esq., Id.No.312244 Attorney for Plaintiff 814848 . . Exhibit "A" 814848 • 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 December 13,2013 LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 RE: SUNTRUST MORTGAGE, INC. v. LARRY MACCURRY Premises Address: 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 13-2651-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 12/19/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn, r, 7 Id.No.312244 Attorney for Plaintiff Enclosure 814848 c' 099'1,00 ,.,� Z >∎, nn VI 4,z CT r a A ° P. 1.1 111 ail .x. 41 13 r ;� wen . . as 11111 4. o a-_ F. 11HZ i Go A, 4 r . .. o° et Ir. ..,t, . ,is P cif- tea.. . cc t) c $..-s, V U > (2 X . m n , ,_,3<,.=... li a 3 '2E` 4t p 71 Os j s :0:55' � t c Ili tr $ c� t, 15 1 01 1 . . � • ., c • <o .3 I i w . s» i.-4 i . .r ■ ittragnitiateatt • • Exhibit "B" 814848 -g.4 !" I -2 FE1 UMB LAND PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County LARRY MACCURRY • No.: 13-2651-CIVIL Defendant _�t RULE AND NOW,this "-'' day ofja4otably2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 00. ....E . sr 0, J. 814848 • John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 814848 814848 • . • • Exhibit "C" • t.:1- ih E PROTNONOL 1Ar'1`'r 2014 JAN -8 PH 1: 06 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC, Court of Common " t4'1,. Plaintiff —oft' oterA Civil Division vs. CUMBERLAND County LARRY MACCURRY No.: 13-2651-q4 Defendant ` "' CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 2, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG,PA 17055-2884 Phelan Hallinan, LLP DATE: t7// By: :: John D, Km . ,Esq., Id No.312244 Attorney for Plaintiff 814848 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County • LARRY MACCURRY • No.: 13-2651-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. LARRY MACCURRY 915 OLD SILVER SPRING ROAD MECHANICSBURG, PA 17055-2884 Phelan Hallinan, LLP DATE: I/2 iq By: - John D. Kr hn, Esq., Id. No.312244 Attorney for Plaintiff 814848 u-O �=ICw ;_ : THE PROTHONOTA `. 2014 JAN 29 FM 3 6 CUMBERLAND COUNT` PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • LARRY MACCURRY • No.: 13-2651-CIVIL • Defendant ORDER AND NOW, this 211 day of la....0G1 , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $70,220.39 Interest Through December 20, 2013 $4,709.63 Late Charges $82.89 Legal fees $1,725.00 Cost of Suit and Title $838.05 Property Inspections $120.00 Non Sufficient Funds Charge $15.00 Escrow Deficit $1,196.15 TOTAL $78,907.11 814848 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 0.0 f,,* /1'6.4LC, 11941 . 442kj KaAgst frhc-Cuti //P.9// 814848 1' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _I,LED- l_rFI PRO # ONO JUN 12 M 9: 39 CUMBERLAND COUNTY 0 ricE0, PENNSYLVANIA Suntrust Mortgage Inc. vs. Larry Maccurry Case Number 2013-2651 SHERIFF'S RETURN OF SERVICE 01/09/2014 10:56 AM - Deputy Ronald Hoover, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 915 Old Silver Spring Road, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 01/14/2014 07:24 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Larry Maccurry at 915 Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 03/12/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on March 12, 2014 at 10:00 a.m. He sold the same for the sum of $ 45,000.00 to Attorney Joseph Schalk, on behalf of , being the buyer in this execution, paid to the Sheriff the sum of $ 04/11/2014 Proposed Schedule Of Distribution Posted SHERIFF COST: $2,089.03 SO ANSWERS, May 01, 2014 RONNY R ANDERSON, SHERIFF ,1,,c9.5- rot •. ea- . sv 1.-L_ td, _4 i.(y. 3 7/7/ a) CouritySu: e Silerif . 7eleosntt, r3c. On November 7, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 915 Old Silver Spring Road, t.L..Ei Stechanicsburg, as Exhibit "A" filed with this writ and by a --->-- c) 1:riis Reference incorporated herein. LLJ (-) 1.1_1 LA - rel 0 ate: November 7, 2013 By: et)* 6 Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-2651 Civil Term Suntrust Mortgage Inc. vs. Larry MacCurry Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13 -2651 -CIVIL, SUNTRUST MORTGAGE, INC. vs. LARRY Mac - CURRY, owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylva- nia, being 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884. Parcel No; 18 -22 -0519 -001 -U - L915. Improvements thereon: CONDO- MINIUM UNIT. Judgment Amount: $72,127.71. 55 «,. 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: January 24, January 31, and February 7, 2014 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. Lisa Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 te" Iv Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Teclinokigy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 patriogews 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. 2013-2651 Civil Term Suntrust Mortgage Inc. Vs Larry Maccurry Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -2651 -CIVIL SUNTRUST MORTGAGE, INC. v. LARRY MACCURRY owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055- 2884 Parcel No; 18 -22 -0519 -001 -U -L915 (Acreage or street address) Improvements thereon: CONDOMINIUM UNIT Judgment Amount: $72,127.71. This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 111 o nd subscribed befor e is 18 day of February, 2014 A.D. u • lic 1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My MEMBER, Commission NSYLVANI 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 Mtg Inc is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 30th day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2651, at the suit of Suntrust Mtg INc against Larry Maccurry is duly recorded as Instrument Number 201412358. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this /zie� P , A.D. 07012 Xc,4,e day of Recorder of Deeds Recorder eeds, Cumberland County, Carlisle, PA My Commi sion Expires the First Monday of Jan. 2018