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HomeMy WebLinkAbout13-3054 Supreme Court-,of Pennsylvania 3 Cour Com H Pleas For Prothonotary Use Only: eet CiJ ERG"A ? County Docket No: __J ,~ 1 r` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the and service ofpleadings or other papers as required bylaw or rules of court. S Commencement of Action: ED Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: SUNTRUST MORTGAGE, INC. Lead Defendant's Name: WILLIAM H. BARNES T Dollar Amount Requested: 1:1 within arbitration limits I Are money damages requested? El Yes 0 No 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: John D Krohn Esq. , Id. No.312244, 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: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin • Dental ❑ Quiet Title ❑ Other: • Legal ❑ Other: • Medical • Other Professional: Pak C P. 205.5 Updated 01/01/2011 TFIE PROT HOP4 0TAR y 113,29 Ap10: CUM COUFYTy PE NNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 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. J �- 305 w� WILLIAM H. BARNES 1390 LETCHWORTH ROAD CUMBERLAND COUNTY CAMP HILL, PA 17011 -7519 Defendant CIVIL ACTION LAW COMPLAINT IN MORTGAGE FORECLOSURE . J File #: 320733 r 'Q q ID 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: WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HELL, PA 17011 -7519 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/23/2007 WILLIAM H. BARNES made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUNTRUST MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1984, Page 1401. By Assignment of Mortgage recorded 05/03/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201213080.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(8); 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 06/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 320733 6. The following amounts are due on the mortgage as of 05/30/2013: Principal Balance $135,14:5.19 Interest @ 6.37500% $9,300.04 05/01/2012 through 05/30/2013 $0.00 Late Charges $108.60 Property Inspections $139.89 Property Preservations $0.00 Appraisal /BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $2,228.61 TOTAL $146,922.33 7. Plaintiff is not seeking a judgment of personal liability (or an in person I judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 320733 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $ 146,922.33 , 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: John D. K.46, Es ., Id. No.312244 Attorney for Plaintiff File #: 320733 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 30, 1966, prepared by Roy Benjamin, Registered Engineer, as follows: BEGINNING at a point on the northern line of Letchworth Road, said point being seventy -three and fifty -five hundredths feet (73.55 feet) in a westerly direction from the northwestern corner of the intersection of Letchworth Road and Riddle Road; thence continuing along the northern line of Letchworth Road, South fifty -seven degrees thirty minutes East, sixty feet (S. 57 degrees 30 minutes E., 60.00 feet) to a point at the dividing line between Lots No. 1 and 2: thence along said dividing line, North thirty-two degrees thirty minutes West, one hundred ten feet (N. 32 degrees 30 minutes W., 110.00 feet) to a point on the dividing line between Lots Nos. 4 and 2; thence along said dividing line, North fifty -seven degrees thirty minutes East, sixty feet (N. 57 degrees 30 minutes E., 60.00 feet) to a point on the dividing line between Lots. Nos. 3 and 2; thence along said dividing line, South thirty-two degrees thirty minutes East, one hundred ten feet (S. 32 degrees 30 minutes E., 110.00 feet) to a point, the place of BEGINNING. BEING Lot No. 2, Block T, Revised Plan of Highland Park, recorded in Plan Book 4, Page 45, Cumberland County Records. HAVING THEREON ERECTED a one story frame dwelling known as No. 1390 Letchworth Road. File #: 320733 BEING the same premises which Elizabeth R. Garrey, by Nancy V. Abel, her Attorney -In -Fact, by deed dated February 23, 2007 and intended to be recorded herewith, granted and conveyed unto William H. Barnes, owner /mortgagor herein. PROPERTY ADDRESS: 1390 LETCHWORTH ROAD, CAMP HILL, PA 17011 -7519 PARCEL # 13 -23- 0545 -029. File #: 320733 VERIFICATION hereby states that he /she is ,nffirpr 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: Officer` SUNTRUST MORTGAGE, INC. File #: 320733 File #: 320733 ' FORM 1 IN THE COURT OF COMMON PLEAS SUNTRUST MORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) Q VS. r IC 13 -3os� WILLIAM H. BARNES = < -a Defendants) Civil =�� --z - am cnr- N C .NOTICE OF RESIDENTIAL MORTGAGE FORECL(�7WW d° DIVERSION PROGRAM 2-10 CD You have been served with a foreclosure complaint that could cause you to lose your home. 7 0 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 Lega Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative vithin twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare. and file a. Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet witha representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 5 X13 Date John eKrohn, Esq., Id. No.312244 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: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Horne: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. 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 "d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance • Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. I 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 F1 No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to use the counseling services provided by the above named. Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the,market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered againstyou 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 #: 320733 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff { j , t( �F 0 (jti Jody S Smith Chief Deputy 21 ' �a 20 = Richard W Stewart r �� �( Solicitor ,-ERIE= t:U39g �i1_�=ti P�NPiSYLVNI(% Suntrust Mortgage Inc. Case Number vs. William Henry Barnes 2013-3054 SHERIFF'S RETURN OF SERVICE 06/14/2013 08:42 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: William Henry Barnes at 1390 Letchworth Rd., Camp Hill, PA 17011. RYAN BURGETT, DEPUTY SHERIFF COST: $61.95 SO ANSWERS, June 17, 2013 RONNY R ANDERSON, SHERIFF tc, owl,Su::e Sh:mt`,"re cosofi.....,. cli C a r; rn Q7 {./) r M M M N�j -0 C e' CD p x4 C? rn e --,t c-n V PHELAN HALLINAN, LLP 00 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 Plaintiff v. No.2013-3054-CIVIL WILLIAM H. BARNES Cumberland County 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, Suntrust Bank, 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: 11 1. On May 29, 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 June 1, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On June 14, 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 814491 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 HALLINAN, LLP Date: I BY: ( sep P halk, Esquire tto)ey Plaintiff 814491 Exhibit A 814491 Supreme Cora of Pennsylvania Caul': Chill PCaS For Prothonotary Use Only: fV 0 4t Yet Cu ark ''` N1 , County Docket No: The information collected on this form is used solely for court administration purposes. This form does not stt r l irtettt or t e lace the llrz and service o; leadiil:' ,�or other �a ers as ret�h to ?x la►v or rules�3�court. S Commencement of Action: ❑D Complaint ❑Writ of Summons ❑Petition E+ ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff s Name: SUNTRUST MORTGAGE,INC. Lead Defendant's Name: WILLIAM H.BARNES T j Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes Yes D No x O Check one) outside arbitration limits N Is this a Class Action Suit? ❑Yes [9 No Is this an MDJ Appeal? ❑ Yes Z No A Name of Plaintiff/Appellant's Attorney: John D Krohn Esq,,Id No.312244 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) CVIL 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 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 --- Cl Toxic Tort-implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial. ❑Quo Warranto ❑Partition ❑.Replevi.n. ❑Dental ❑Quiet Title ❑Other: ❑Legal ❑ Other: ❑Medical ❑Other Professional: Pa.R.C,P. 205.5 Updated 01/01120.11 1• r FORM I IN THE COURT OP COMMON PLEAS SUNTRUST MORTGAGE,INC. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. WILLIAM H.BARNES 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 Legii Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative whin twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be.filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity to meet witha representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date John, .Krohn,Esq.,Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#t 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: F CUSTOM Ell/flffl M ARY APPLICANT Borrower name(s): Property Address: City: __State:— Zip: Is the property for sale? Yes❑ No Q Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes El No Mailing Address(if different):_ City: State: Phone Numbers: Home: Office: Cell: Other: Email: 4 of people in household: How long? CO-BORROWER Mailing Address: City: State:_ Zi Phone Numbers: Home: Office: Cell: Other: E-mail: # 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'Faxes&Insurance: Date of Last Payment: Primary Reason for Default: t Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court,case number&attorney: Assets Amottht O��A- 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,motorcycled: Model: Year: Amount owed: Value Monthly Income Name of Employers: I. Monthly Gross Monthly Net 2. Month v Gross _ _ _ Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1, rnontlity 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 Mort a e Food 2..Mort a e Utilities Car Pa ment(s.) Condo/Neigh. Fees Auto Insurance Med. (not covered Auto fuel/re airs Other pro payment Install, Loan Payment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/''uit. j Other E xpenses enses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEM AP) 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 n 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: AuniORIZATION 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) oil f C) CD 0 x,n ..` ov � o PHELAN HALLINAN,LLP -4 --j 70 John D.Krohn,Esq.,Id.No.312244 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 lJ _ v NO. WILLIAM H.BARNES 1390 LETCHWORTH ROAD CUMBERLAND COUNTY CAMP HILL,PA 17011-7519 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE e mwy.R�N We hereb Within to be the corn a true and orfg j�Bled f the File M. 3207 33 reooru 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 againstyou 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 H: 320733 PHELAN HALLINAN,LLP John D.Krohn,Esq.,Id.No.312244 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 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. WILLIAM H. BARNES 1390 LETCHWOR'T'H ROAD CUMBERLAND COUNTY CAMP HILL,PA 17011-7519 Defendant CIVIL ACTION - LAW COMPLAINT.IN MORTGAGE FORECLOSURE He N: 320733 1. Plaintiff is SUNTRUST MOR'T'GAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s)and last known address(es)of the Defendant(s) are: WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 who is/are the mortgagor(s) and/or real owners) of the property hereinafter described. 3. On 02/23/2007 WILLIAM H. BARNES made, executed and delivered a mortgage upon the premises hereinafter described.to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUNTRUST MORTGAGE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1984, Page 1401. By Assignment of Mortgage recorded 05/03/2012 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201213080.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 06/01/2012 and each month thereafter are due and culpaid, 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. Fdc fit: 320733 6. The following amounts are due on the mortgage as of 05/30/201.3: Principal Balance $135,145.19 Interest @ 6.37500% $9,300.04 05/01/2012 through 05/30/2013 $0.00 Date Charges $1.08.60 Property Inspections $139.89 Property Preservations $0.00 Appraisal/BPO $0.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance $0.00 NSF Charges $0.00 Escrow Deficit $2,228.61 TOTAL $1.46,922.33 7. Plaintiff is not seeking a judgment of personal liability(or an in personam.judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable,have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File N: 320733 WHEREFORE, Plaintiff demands an in rem judgrnent against the Defendant(s) in the sum of $146,922.33,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. PHE LAN HALLINAN, LLP By:, -. John D 7Cr, i3 Es Id.No.312244 Attorney-for Plaintiff File#; 320733 i , LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated March 30, 1966,prepared by Roy Benjamin, Registered.Engineer, as follows: BEGINNING at a point on the northern line of Letchworth Road, said point being seventy-three and fifty-five hundredths feet (73.55 :feet) in a westerly direction from the northwestern corner of the intersection of Letchworth Road and Riddle Road; thence continuing along the northern line of Letchworth Road, South fifty-seven degrees thirty minutes East, sixty feet(S. 57 degrees 30 minutes E., 60.00 feet)to a point at the dividing line between Lots No. 1 and 2: thence along said dividing line,North thirty-two degrees thirty minutes West, one hundred ten feet(N. 32 degrees 30 minutes W., 110.00 feet)to a point on the dividing line between Lots Nos. 4 and 2;thence along said dividing line,North fifty-seven degrees thirty minutes East, sixty feet (N. 57 degrees 30 minutes E., 60.00 feet) to a point on the dividing line between Lots.Nos. 3 and 2; thence along said dividing line, South thirty-two degrees thirty minutes East, one hundred ten feet (S. 32 degrees 30 minutes E., 110.00 feet)to a point, the place of'BEGINNING. BEING Lot No. 2, Block 'J', Revised Plan of Highland Park, recorded in Plan Book 4, Page 45, Cumberland County Records. HAVING THEREON ERECTED a one story frame dwelling known as No. 1.390 Letchworth Road. Hell: 320733 N BEING the same premises which Elizabeth R. Garn.ey, by Nancy V. Abel, her Attorney-In-Fact, by deed dated February 23, 2007 and intended to be recorded herewith, granted and conveyed unto William H. Barnes;owner/mortgagor herein. PROPERTY ADDRESS: 1.390 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519 i PARCEL# .13-23-0545-029. s i i t I I V I , File N: 320733 VERIFICATION k ,hereby states that he/she is Off irnar 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 unswom falsification to authorities.. , IJYJ DATE: . Officer 4 V l4► SUN RUST 1VIORTGAGE, INC. File#: 320733 File II: 320733 s Exhibit IB 814491 -z�: Pair§y .'�'}�-.'� xc�2 ,,� �' w> ,.$p�G ', u,�s" °� � .� c .'+t+�"�..' ,�*��:�'� '�" �v �> ��.�n 4,n z��'`�.`°.r�s"✓a S r �. Ml r 1r r SNERIF' C3. ttCEp C? CUMERLANDCt NT�1 � t a � § „. t-,S+ Ronr#�r R�Andeison r a � � aSh6fi ' b Jeff a s { 'd Richard W'S bWafV a 4 4 r 0 I r or T1, og re ar e Suhtrusf Mortgage lnc lv Case Number William= eery Bames2Q133054 SNERiF `S�RETURN +b� a�ERV10E " ,� a !uzs;'t .. x p..— rd;Kh 06114l2A'13 :0842 P�MDepufyRyan Burgettbeing dulyswmaccordin flaw, se vt`ectttelequ�esf�Not► of Resr6'Mai,Morfgage Fore osure`biversion—roge5ft -omfa7XIM reMosul y P "t1e sonall ' andin auec p} toerscinreresersingfhemseiies o tYeefe�dn anttovntr Wiliam Henry Barnes 139i3echworth.Rd CampaHilP RYAWBURGEI� DERiJIY , § , � e r � a SHERlF1=�CUST �6195S4>AISVIIES it , June:1,7,�2013 n'' IRON R AtDERSQNS FiIF� el, * t ' ttY -"'3 a r r•`t. ^ e: :r ct e^ e `c '• byf w-.r '�a n r^f a ..:. Kj Couerys�46 IMtlB y sbR'f�,- - z � � a A PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE Court of Common Pleas P.O. BOX 27767 RICHMOND, VA 23224-7767 Civil Division Plaintiff Term V. No. 2013-3054-CIVIL WILLIAM H. BARNES 1390.LETCHWORTH ROAD Cumberland County CAMP HILL,PA 17011-7519 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: WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 Date: *Attor -1A halk, Esquire Plaintiff 814491 o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. Court of Common Pleas 1001 SEMMES AVENUE P.O. BOX 27767 Civil Division RICHMOND, VA 23224-7767 Tenn Plaintiff V. No.2013-3054-CIVIL WILLIAM H.BARNES Cumberland County 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 Defendant ORDER AND NOW,this 10 # day of rA,4o-d' 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. J.Vortgage 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. ties fVALLL C= rn W �RWAJ%S [T; qpt/a > :ZCD 4= C0 814491 cc : William H. Barnes Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id.No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HILL,PA 1701 1-7519 814491 {41L•PRO THONdIA,k f PHELAN HALLINAN, LLP ((3 OCT 1 8 � , 2 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312 114 1617 JFK Boulevard, Suite 140C}� BERLANO COUNT`' One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS WILLIAM H. BARNES : CIVIL DIVISION : No. 13-3054-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 WILLIAM H. BARNES, 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 $146,922.33 TOTAL $146,922.33 I hereby certify that (1) the Defendant's last known address is 1390 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. r� , Date /x/171,3 At,I .''nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 10 f F/3 PH#814491 PROTHONOTARY au\sIls SOPa Vc t3SPO 814491 11-11 Woha Afeae, PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. . : CIVIL DIVISION WILLIAM H. BARNES . : No. 13-3054-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 WILLIAM H. BARNES is over 18 years of age and resides at 1390 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date a/1 7)/- Ph Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 814491 Department of Defense Manpower Data Center Results as of:Oct-17-2013 12:30:34 SCRA 3.0 *e t °Pas t4 �f status Report 'ursuant to Servicetnembers Civil Relief Act Last Name: BARNES First Name: WILLIAM Middle Name: H Active Duty Status As Of: Oct-17-2013 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 Thus 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. )111/11/14/ rh. 4111111:4 •�� . Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS WILLIAM H. BARNES . : CIVIL DIVISION : No. 13-3054-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on IC) 103 . I N .......) i 0 By. w If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 814491 SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. WILLIAM H.BARNES NO. 13-3054-CIVIL Defendant(s) CUMBERLAND COUNTY TO: WILLIAM H.BARNES 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAIL.FD TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FII.F. 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 OH-ER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:. Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#814491 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.: 13-3054-CIVIL WILLIAM H.BARNES • Defendant(s) • • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $146,922.33 Interest from 10/19/2013 to Date of Sale $3,332.70 ($24.15 per diem) TOTAL $150,255.03 /4W P F an Hallinan,LLP icnathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Note: Please attach description of property. PH#814491 o`^'" ':—. 1/ �� cc) 3:0 cD CD 7.0. 56 et,a3, gt),\() .1)0 N) e /& 3 c #-02c1-)0(-(2) LOCi+ P-S LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania,bounded and described in accordance with a survey and plan thereof,dated March 30, 1966, prepared by Roy Benjamin,Registered Engineer,as follows: BEGINNING at a point on the northern line of Letchworth Road,said point being seventy-three and fifty- five hundredths feet(73.55 feet)in a westerly direction from the northwestern corner of the intersection of Letchworth Road and Riddle Road;thence continuing along the northern line of Letchworth Road,South fifty-seven degrees thirty minutes East, sixty feet(S.57 degrees 30 minutes E.,60.00 feet)to a point at the dividing line between Lots No. 1 and 2: thence along said dividing line,North thirty-two degrees thirty minutes West,one hundred ten feet(N. 32 degrees 30 minutes W., 110.00 feet)to a point on the dividing line between Lots Nos.4 and 2;thence along said dividing line,North fifty-seven degrees thirty minutes East, sixty feet(N.57 degrees 30 minutes E.,60.00 feet)to a point on the dividing line between Lots.Nos. 3 and 2; thence along said dividing line,South thirty-two degrees thirty minutes East,one hundred ten feet(S.32 degrees 30 minutes E., 110.00 feet)to a point,the place of BEGINNING. BEING Lot No. 2,Block'J',Revised Plan of Highland Park,recorded in Plan Book 4,Page 45,Cumberland County Records. HAVING THEREON ERECTED a one story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN William H. Barnes, a single person,by Deed from Elizabeth R. Garney, by Nancy V. Abel, her Attorney-In-Fact, a widow, dated 02/23/2007,recorded 03/06/2007 in Book 279, Page 96. PREMISES BEING: 1390 LETCHWORTH ROAD,CAMP HILL,PA 17011-7519 PARCEL NO. 13-23-0545-029. PHELAN HALLINAN, LLP L Attorneys for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 OCT 18 Ati «, 22 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Jonathan.Lobb@phelanhallinan.com PENNSYLVANIA 215-563-7000 SUNTRUST MORTGAGE,INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-3054-CIVIL WILLIAM H. BARNES 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: 4PA Pi/an Hallinan,LLP onathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff SUNTRUST MORTGAGE, INC. : r ;THON l COURT OF COMMON PLEAS Plaintiff • OCT 1 $ l ( CIVIL DIVISION V. CUMBERLAND COUNT'S • WILLIAM H.BARNES P ENNS Y LVAN1 A NO.: 13-3054-CIVIL 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 1390 LETCHWORTH ROAD,CAMP HILL,PA 17011-7519. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) WILLIAM H.BARNES 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) WILLIAM H.BARNES 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) BENEFICIAL CONSUMER DISCOUNT 419 STONEHEDGE DRIVE COMPANY D/B/A BENEFICIAL MORTGAGE SUITE 2 CO.OF PENNSYLVANIA CARLISLE,PA 17013 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070 LOWER ALLEN TOWNSHIP 635 NORTH 12TH STREET SUITE 101 C/O STEVEN P.MINER,ESQUIRE LEMOYNE,PA 17043 PH# 814491 6.* Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /0//7)13 By: / P ,./an Hallinan,LLP Jonathan Lobb,Esq.,Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 814491 r SUNTRUST MORTGAGE, INC. : COURT OF COMMON PLEAS M13 OCT 18 AM 18: 23 CUMBERLAND COS Y Plaintiff : CIVIL DIVISION vs`ENNSYLVANfA : NO.: 13-3054-CIVIL WILLIAM H.BARNES Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 **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 1390 LETCHWORTH ROAD, CAMP HILL,PA 17011-7519 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$146,922.33 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 1 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-3054-CIVIL SUNTRUST MORTGAGE, INC. v. WILLIAM H. BARNES owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1390 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519 Parcel No. 13-23-0545-029. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $146,922.33 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania,bounded and described in accordance with a survey and plan thereof,dated March 30, 1966, prepared by Roy Benjamin,Registered Engineer,as follows: BEGINNING at a point on the northern line of Letchworth Road, said point being seventy-three and fifty- five hundredths feet(73.55 feet)in a westerly direction from the northwestern corner of the intersection of Letchworth Road and Riddle Road;thence continuing along the northern line of Letchworth Road,South fifty-seven degrees thirty minutes East, sixty feet(S.57 degrees 30 minutes E.,60.00 feet)to a point at the dividing line between Lots No. 1 and 2: thence along said dividing line,North thirty-two degrees thirty minutes West,one hundred ten feet(N. 32 degrees 30 minutes W., 110.00 feet)to a point on the dividing line between Lots Nos.4 and 2;thence along said dividing line,North fifty-seven degrees thirty minutes East, sixty feet(N. 57 degrees 30 minutes E.,60.00 feet)to a point on the dividing line between Lots.Nos. 3 and 2; thence along said dividing line,South thirty-two degrees thirty minutes East,one hundred ten feet(S. 32 degrees 30 minutes E., 110.00 feet)to a point,the place of BEGINNING. BEING Lot No.2,Block T,Revised Plan of Highland Park,recorded in Plan Book 4,Page 45, Cumberland County Records. HAVING THEREON ERECTED a one story frame dwelling. TITLE TO SAID PREMISES IS VESTED IN William H. Barnes, a single person, by Deed from Elizabeth R. Garney, by Nancy V. Abel, her Attorney-In-Fact, a widow, dated 02/23/2007, recorded 03/06/2007 in Book 279,Page 96. PREMISES BEING: 1390 LETCHWORTH ROAD,CAMP HILL,PA 17011-7519 PARCEL NO. 13-23-0545-029. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3054 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 WILLIAM H.BARNES (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: $146,922.33 L.L.: $.50 Interest FROM 10/19/2013 TO DATE OF SALE($24.15 PER DIEM)-$3,332.70 Atty's Comm: Due Prothy: $2.25 Atty Paid: $210.70 Other Costs: Plaintiff Paid: Date: 10/18/13 David D. Buell, Prothonota (Seal) : // ,, . Ale/e// Deputy REQUESTING PARTY: Name: JONATHAN LOBB,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. 312174 • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE,INC. PH#814491 DEFENDANT SERVICE TEAM/lxh WILLIAM II.BARNES COURT NO.:13-3054-CIVIL SERVE WILLIAM H.BARNES AT: TYPE OF ACTION 1390 LETCHWORTH ROAD XX Notice of Sheriff's Sale CAMP HILL,PA 17011-7519 SALE DATE: March 12,2014 SERVED Served and made own to WILLIAM H.BARNES,Defendant on the CI day of 1 v a-,20 (3,at ,o'clock .,at 616 Gera-N-011-114 (204b ,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is —Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: 1,, Description: Age Height 1 1 Weight � Race VV► Sex Other I, fG�. '(t- ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. '- D, DATE:U 2613 NAME: QQ PRINTED NAME: A4c =leth) TITLE: NOT SERVED On the day of 20 ,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: Vacant Does Not E }st _Moved _Does Not Reside(Not Vacant) No Answer ontl at .•�r� �I" 1 • at Service Refused — Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF C) r-sa c.a Phelan Hallinan,LLP wt 1617 JFK Boulevard,Suite 1400 -Q -M--r, One Penn Center Plaza Z Cam') r 1 Philadelphia,PA 19103 Z r... (215)563-7000 cf) :%•• Cs { tom —n 'T>c� -, — Q •_4c C I r° ,Ls= o' i r _ , , ._ k.•. ���4FE� 1� ��,t�� 29 PHELAN HALLINAN,LLP Attorney for Plaint'fi DE f L John Michael Kolesnik,Esq.,Id. No.308877 PEN NS co -,t, 1617 JFK Boulevard, Suite 1400 NS Y!.VA P,A One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik @phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS v. . : CIVIL DIVISION WILLIAM H.BARNES . Defendant(s) No.: 13-3054-CIVIL • AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 • • COMMONWEALTH OF PENNSYLVANIA ) • • PHILADELPHIA COUNTY ) ' SS: • As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders . and any known interested.party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 381 )an. or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached i rxhibit"A". <ohn Michael Kolesnik,Esq.,Id.No.3Q8877 • Date: Zf Z71/ • Attorney for Plaintiff ' IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#814491 • • • • • SUNTRUST MORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. • NO.: 13-3054-CIVIL WILLIAM H.BARNES • Defendant(s) • • CUMBERLAND COUNTY • AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1. SUNTRUST MORTGAGE,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1390 LETCHWORTH ROAD,CAMP HILL,PA 17011-7519. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, • • • please so indicate) WILLIAM H.BARNES 1390 LETCHWORTH ROAD,CAMP HILL,PA • • 17011-7519 • • • 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably • • . • • ascertained,please so indicate) • • • WILLIAM H.BARNES ' • 1390 LETCHWORTH ROAD • CAMP HILL,PA 17011-7519 . • 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) • _LOWER ALLEN.TOWNSHIP • 2233 GETTYSBURG RD . CAMP HILL,PA 17011-7302 . • 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) BENEFICIAL CONSUMER DISCOUNT 419 STONEHEDGE DRIVE COMPANY D/B/A BENEFICIAL MORTGAGE SUITE 2 CO.OF PENNSYLVANIA CARLISLE,PA 17013 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070 LOWER ALLEN TOWNSHIP C/O STEVEN P. 635 NORTH 12TH STREET SUITE 101 MINER,ESQUIRE LEMOYNE,PA 17043 PH# 814491 • • • • • • 6. Name'and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name • Address(if address cannot be reasonably ascertained,please indicate) None. • 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may • be affected by the sale: Name • Address(if address cannot be . • reasonably ascertained,please indicate) TENANT/OCCUPANT 1390 LETCHWORTH ROAD CAMP HILL,PA 17011-7519 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 . CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 • • DOMESTIC RELATIONS OF • •13 NORTH HANOVER STREET • CUMBERLAND COUNTY .• CARLISLE,PA.17013 • COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 • • • DEPARTMENT OF WELFARE • HARRISBURG,PA 17105' • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE.ROOM 704 • PITTSBURGH,PA 15222 ' • • . U.S.DEPARTMENT OF JUSTICE• 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 • • DISTRICT OF PA • HARRISBURG,PA 17108-1754. • . FEDERAL BUILDING • • . I verify that the statements made in this affidavit are true and correct to the best of my personal • knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to autho 'ties. Date: g//0/ By: P. 1.n Hallinan,LLP 'ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 814491 • • 171.0z 90 Nvrt6t49£1000 ., _ - Mt ZO A 008'900 $ £0464 dl2 , `�: 8 .e--._ - hr.4". r.#. L .n $ "` " yam' 1 ' s3,uso8 t urd ....1... __ . a e v'v vv' .„ a ' V 1 8 a° y y g g g g a a a 1. 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No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff, V. Attorney for Plaintiff : CIVIL DIVISION WILLIAM H. BARNES : No.: 13 -3054 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE Defendant(s) The Sheriff's Sale scheduled for 06/04/2014 at has been continued until 07/02/2014 at 10:00 AM. Date: PH # 814491 AM in the above -captioned matter uren R. abas, sq., d. No.9 Attorney for Plaintiff PHELAN HALLINAN, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION WILLIAM H. BARNES Defendant(s) : No.: 13 -3054 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: WILLIAM H. BARNES 1390 LETCHWORTH ROAD CAMP HILL, PA 17011-7519 Date: PH # 814491 etLA.A__lthL' auren R. Tabas, Esq., Id. No.93 37 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff H Jody S Smithw 0 1 „ Chief Deputy ky 2 14 JUN 2 0 nil 9: 52 Richard W Stewart ' CUMBERLAND CC)U}� i 'Y Solicitor PENNSYLVANIA OMCE O, TRF. St>=.RWF Suntrust Mortgage Inc. vs. William Henry Barnes Case Number 2013-3054 SHERIFF'S RETURN OF SERVICE 01/08/2014 02:47 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1390 Letchworth Road, Lower Allen - Township, Camp Hill, PA 17011, Cumberland County. 02/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: William Henry Barnes, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 1390 Letchworth Road, Camp Hill, PA 17011, residence is vacant, defendant did not leave a forwarding address at post office. 03/12/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 06/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $787.41 SO ANSWERS, June 11, 2014 RONWR ANDERSON, SHERIFF c) CountySu:ie Sherif .'i'eleoscft, Inc. Po(. co fp,' - 940, 00 3o>sv, On December 2, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1390 Letchworth Road, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. N c? Date: December 2, 2013 By: t- rtto,o-Lc Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3054 Civil Term Suntrust Mortgage Inc. vs. William Henry Barnes Atty.: Joseph Schalk By virtue of a Writ Of Exeeution No. 13 -3054 -Civil, Suntrust Mort- gage, Inc.vs. William H. Barnes, Owner(s) of property situate in Lower Allen Township, Cumberland County, Pennsylvania, being 1390 Letchworth Road, Camp Hill, PA 17011-7519. Parcel No. 13-23-0545-029. Improvements Thereon: Residen- tial Dwelling. Judgment Amount: $146,922.33. 16 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, ditor SWORN TO AND SUBSCRIBED before me this 7 da of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. — 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2013-3054 Civil Te SuntrustMortgage o 9 9e Inc. V William Henry Barnes Atty: Joseph Schalk BY VIRTUE OF A WRIT OF SUNTTR SON NO. T MORTGAGE, Incl V. WILLIAM H. BARNES OWNER(S) OF PROPERTY SITUATE IN LOWCER ALLENE COUNTY,D TOWNSHIP, PENNSYLVANIA, BEING 1390 LETCHWORTH ROAD, CAMP HILL, PA 17011-7519 PARCEL NO. 13-23-0545-029. STREET (ACREAGE OR ADDRESS) THEREON: IMPROVEMENTS RESIDENTIAL DWELLING O JUDGMENT UNT: $146,922.33 This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to and subscribed before e this 18 day of February, 2014 A.D. ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington TWp., Dauphin County My Commlasion Ex lr�OCi c--S�Pr�eerc. 12, 2016 MEMBER, PENNSI�LVAN1 �.SrtiON OF NOTARIES