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HomeMy WebLinkAbout13-3662 Supreme Court of, Pennsylvania Cour Dorf Comin &Pleas =1 For Prothonotary Use Only: t 'ViKdC e . Sheet ✓ �, �. CUMBERGANWO Count t3' Docket No: S3 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 pape7S as re wired by la141 or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: FIFTH THIRD MORTGAGE Lead Defendant's Name: VICTORIA M. SAN T COMPANY I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes M No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, 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 ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01 /01/2011 i� r? rn C-- ..0 f " ' r 1 � ; 7" CD -75— �� y Sri PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 -� 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE COURT OF COMMON PLEAS MD 1 MOB -B W CINCINNATI, OH 45227 CIVIL DIVISION Plaintiff TERM , 1vl NO. VICTORIA M. SAN 5218 ROYAL DRIVE CUMBERLAND COUNTY MECHANICSBURG, PA 17055 -3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE s aV File #: 321449 CkW301.X) LL 2-fF ��ag I . Plaintiff is FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE MD 1MOB -BW CINCINNATI, OH 45227 2. The name(s) and last known address(es) of the Defendant(s) are: VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/30/2009 VICTORIA M. SAN, LY Q. SAN, and HUONG T. SAN made, executed . and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200922957.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 12/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 321449 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 7/1/13 Principal Balance $147,768.66 Interest to 7/ 1/ 13 $4925.60 Pre - Accelerated Late Charges $ 134.08 Property Inspections $ 0 Escrow Deficit $ 939.35 TOTAL $153,767.69 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. File #: 321449 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $ 15 3, 7 6 7 . 6 9 , 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: 2�m'q kal " Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff File #: 321449 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated May 31, 1967, prepared by Roy M. H. Benjamin, Professional Engineer, as follows. BEGINNING at a point on the southeastern line of Royal Drive, said point being six hundred ninety -two and fifty -nine hundredths (692.59) feet southwest of the intersection of Wesley Drive and Royal Drive; thence South forty-four (44) degrees eight (08) minutes East one hundred twelve and three tenths (112.3) feet to a point; thence south forty-six (46) degrees fifty -one (5 1) minutes thirty (30) seconds East seventy -five and three tenths (75.3) feet to a point; thence North forty-four (44) degrees eight (08) minutes West one hundred ten (110) feet to a point on the southeastern line of Royal Drive; thence along Royal Drive North forty -five (45) degrees fifty- two (52) minutes East seventy -five (75) feet to a point, the place of BEGINNING. BEING Lot No. 10, Block'A' on Plan No. 3 of Windsor Park, as recorded in Plan Book 1.2, page 23, Cumberland County Records. HAVING THEREON ERECTED a one story brick dwelling known as No. 5218 Royal Drive. PROPERTY ADDRESS: 5218 ROYAL DRIVE, MECHANICSBURG, PA 17055 -3512 PARCEL #13 -24- 0793 -145. File 4: 321449 VERIFICATION Chri stopher Rosc hereby states that he /she is Officer of, FIFTH THIRD MORTGAGE COMPANY, 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. [hrii e p �Q� arcot, DATE: 6/19/13 Name: 1 Title: Of f icer FIFTH THIRD MORTGAGE COMPANY Name: SAN Property: 5218 ROYAL DRIVE MECHANICSBURG, PA 17055 -3512 Attorney File No.: PHS # 321449 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 #: 321449 FORM 1 C) IN THE COURT OF COMMON PLE,�q§ FIFTH THIRD MORTGAGE COMPANY OF CUMBERLAND COUNTY, PENNSYa"] -� Plaintiff(s) �ci -n vs. �C7 C:) - i Y3 C� - VICTORIA M. SAN = r 4�' LY Q. SAN HUONG T. SAN 7 adp � civ i l Defendants) 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 m�� be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed withthe 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 reasonablearrangements 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 contactMidPenn 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 finandal 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 concilition conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Meredith Wooters, Esq., Id. No.307207 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 ®r— 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: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly.Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. 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" 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 '1=ICE Ronny R Anderson ��(= 4 Sheriff THE, PROTHONO AI Y Jody S Smith ��,�tist� afi rrrnbcrr�,,�b 2Q 13 JUL 12 AM 10: 214 Chief Deputy Richard W Stewart w: ;;� .�` CUMBERLAND COUNTY Solicitor OFFXE OF THE SHERIFF PENNSYLVANIA Fifth Third Mortgage Company vs. Case Number Victoria M San (et al.) 2013-3662 SHERIFF'S RETURN OF SERVICE 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Hung Quay San, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower Allen, Mechanicsburg, PA 17055. Residence appears to be vacant. 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Victoria M San, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns'the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower Allen, Mechanicsburg, PA 17055. Residence is vacant. 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ly San, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower Allen, Mechanicsburg, PA 17055. Residence appears to be vacant. 07/03/2013 03:50 PM-Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be/Hung SanyWife, who acc ted as"Adult Person in Charge"for Ly--San at 66 Plesant View Drive, Silver Spring;Mechanicsbur , P 7050. LIA C IN PUTY 07/03/2013 03:50 PM-Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Hung San, Mother, who accepted as"Adult Person in Charge"for Victoria M San at 66 Plesant View Drive, Silver Spring, Me nic rg, PA 17050. ILLIAM CLINE, DEPUTY 07/03/2013 03:50 PM-Deputy William Cline, 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: Hung Quay San at 66 Plesant View Drive, Silver Spring, Mechanicsburg, PA 1705 CLINE, DEPUTY (c)CountySuite Sheriff,Toleosoft,Inc. SHERIFF COST: $88.60 SO ANSWERS, July 05, 2013 RbNr4Y R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. ����U��"� ����U��� ��� CUMBERLAND �������� SHERIFF'S�� �"" " "~�~� ��" ~��°"°"��~�"~���"��� COUNTY Ronny RAnderson r'|��9- , Shoriff P��T�O��T��Y ' ' ''� Jody SSmith 2013 AUG p� �; �o Chief Deputy � �"`° "°" � ' '' " �" Richard VVStewart ``� ���� ,U��AER� &NO CDU�Ty Solicitor wMU'�r's�emp pENNSyyVAM/\ AMENDED Fifth Third Mortgage Company Case Number vs. | 2O13-36G2 Victoria Son (et al.) | SHERIFF'S RETURN OF SERVICE 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Hung T. San, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower Allen, Mechanicsburg, PA17O55. Residence appears bobmvacant. 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant towit: Victoria yN San, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower AUen, YNechanioaburg, PA 17055. Residence iovacant. 07/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit Ly San, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive, Lower Allen, Mechanicsburg, P/\ 17O55. Residence appears tobavacant. 07/03/2013 03:50 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy toa person representing themselves tobeHuongT San, Wife, Person in Charge"for Ly San atGG Pleasant View Drive, Silver G :V sburg, PA 17050. 07/03/2013 03:50 PM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Huong T. San, Mother, who accepted as"Adult Person in Charge"for Victoria [W San atGO Pleasant View Drive, Silver Spring, N1 17050. MCCAM CLINE, DEPUTY 07/03/2013 03:50 PM Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing o true copy ton person representing themselves be T. San atGG Pleasant View Drive, Silver Spring, Mechanicsburg, PA 17050. W-LOAMLINE, DEPUTY SHERIFF COST: $88.60 SO ANSWERS, July 05, 2013 RONI*R ANDERSON, SHERIFF ic!Countysuno snorer,releosott,Inc. s FILED-OFFICE CF THE PROTHONOTARY PHELAN HALLINAN, LLP 2013 SE'P —4 AM 10-- 4 0 Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 140NMERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. CIVIL DIVISION VICTORIA M. SAN LY Q. SAN No. 13-3662-CIVIL HUONG T. SAN 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 VICTORIA M. SAN,LY Q. SAN and HUONG T. SAN, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $153,767.69 TOTAL $153,767.69 I hereby certify that(1) the Defendants' last known addresses are 5218 ROYAL DRIVE, MECHANICSBURG, PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106, and (2) that notice has been given in accordance with Rule Pa.RQ.C.P 237.1. Date ` r l✓ Xy s sq., Id. No.310721 rney o laintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH#815207 PROTHONOTARY C91�O,Sit a� 1 et-4 I 3� 815207 PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Jones,Esq.,Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 Zachary.Jones@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS VS. CIVIL DIVISION VICTORIA M. SAN LY Q. SAN No. 13-3662-CIVIL HUONG T. SAN AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendants VICTORIA M. SAN and LY Q. SAN 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 the Plaintiff is without information sufficient to determine whether the defendant HUONG T. SAN is 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. (c) that defendant VICTORIA M. SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE,MECHANICSBURG, PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106. (d) that defendant LY Q. SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE, MECHANICSBURG, PA 1.7055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106. (e) that defendant HUONG T. SAN is over 1.8 years of age and last known addresses are 521.8 ROYAL DRIVE, MECHANICSBURG,PA 1.7055-351.2 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 1.7050-3106. 815207 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date J— ! Phel H n, LLP Za ary J n , Esq., Id. No.310721 A orne f Plaintiff PHEL LLINAN, LLP 161.7 J Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 815207 Department of Defense Manpower Data Center Results as of:Sep-03-201312:04:24 SCRA 3.0 `t om R Status Red ott Pursuant to Sery cem,em biers Civil Relief Act Last Name: SAN First Name: VICTORIA Middle Name: M Active Duty Status As Of: Sep-03-2013 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 Dale 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. A��_ Ai 'A ..r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Sep-03-201312:04:22 SCRA 3.0 4 := Pursuant to Sere eemombm C�e1 RBI e�'���. Last Name: SAN First Name: LY Middle Name: Q Active Duty Status As Of: Sep-03-2013 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 Dale 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 Dale 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 duly 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. Y 4 0144 J �. 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 FIFTH THIRD MORTGAGE COMPANY CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS VICTORIA M. SAN LY Q. SAN CIVIL DIVISION HUONG T. SAN No. 13-3662-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on `7�)3 - ON By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Zachary Jones, Esq., Id. No.310721 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.=k=� 815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M. SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: VICTORIA M.SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-351.2 DATE OF NOTICE: IY it 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 FAMED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:^ ... Jon.461111 LObb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: VICTORIA M.SAN 66 PLEASANT VIEW DRIVE APARTMENT D MECHANICSBURG,PA 17050-3106 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: d-1/�-- 1a1han Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,.PA 19103 PH#815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: LY Q.SAN 5218 ROYAL DRIVE MECHANICSBURG,,PA 17055-3512 Iku DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (71.7)249-3166 By: J Ethan Lobb,Esq.,Id.No.312174 ttorncy for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: LY Q.SAN 66 PLEASANT VIEW DRIVE APARTMENT D MECHANICSBURG,PA 17050-3106 DATE OF NOTICE: _ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: - '=-- Jo ran Lobb .Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: HUONG T.SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO' HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By:-- l n,ztl�7rt 1..o b,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LL P 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH 4 815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL.DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: HUONG T.SAN 66 PLEASANT VIEW DRIVE . APARTMENT D MECHANICSBURG,PA 1705J0-3106 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Joi�A an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#815207 y I E i 2: 14+ AHD COUNTY i,k_NN6YLVANJA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE Court of Common Pleas MD 1 MOB-B W CINCINATTI, OH 45227 Civil Division Plaintiff No. 2013-3662-CIVIL TERM v. Cumberland County VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 Defendants MOTION TO LIFT CONCILIATION STAY NUNC PRO TUNC AND CONFIRM DEFAULT JUDGMENT Plaintiff, Fifth Third Mortgage Company (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay Nunc Pro Tune and Confirm Default Judgment, and in support thereof avers as follows: 1. On June 25, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due December 1, 2012, and each month thereafter. A true and correct copy of the 815207 Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On July 3, 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 Defendants. A true and correct copy of the Sheriffs Return of Service 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 Defendants 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 Defendants 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 Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Due to Defendants' failure to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on September 4, 2013. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit "C". 815207 8. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted nunc pro tunc, and the default judgment entered September 4, 2013. Respectfully submitted, PHELAN HALLINAN, LLP Date: 10/l Cob 3 BY: �t MIK= os: . Q Schalk, Esquire Att•,ne' for Plaintiff 815207 Exhibit "A" -,a rn r rn „fit"" x PHELAN HALLINAN,LLP .0- Meredith Wooters,Esq.,Id.No,307207 �`x 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE COURT OF COMMON PLEAS MD 1MOB-BW CINCINNATI, OH 45227 CIVIL DIVISION Plaintiff TERM v. `� el-01 NO. . -3lo�a VICTORIA M. SAN 5218 ROYAL DRIVE CUMBERLAND COUNTY MECHANICSBURG,PA 17055-3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE (sa„)) att.A *618,71 0 File#: 321449 C `f f) /3 014g) I . • 1. Plaintiff is FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE MD 1MOB-BW CINCINNATI,OH 45227 2. The name(s)and last known address(es)of the Defendant(s)are: VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 06/30/2009 VICTORIA M. SAN,LY Q. SAN, and HUONG T. SAN made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Instrument No. 200922957.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. S. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified File N: 321449 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 7/1/13 Principal Balance $ 147, 768.66 Interest to 7/1/13 $4925.60 Pre-Accelerated Late Charges $ 134.08 Property Inspections $ 0 Escrow Deficit $ 939.35 TOTAL $ 153, 767.69 7. Plaintiff is otot 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. He N. 321449 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $ 153, 767•69 ,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 1 itBy: Meredith Wooters, Esq,, Id.No.307207 Attorney for Plaintiff File H: 32 M49 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania,bounded and described in accordance with a survey and plan thereof, dated May 31, 1967,prepared by Roy M. H. Benjamin,Professional Engineer,as follows. BEGINNING at a point on the southeastern line of Royal Drive, said point being six hundred ninety-two and fifty-nine hundredths(692.59)feet southwest of the intersection of Wesley Drive and Royal Drive; thence South forty-four(44) degrees eight(08)minutes East one hundred twelve and three tenths(112.3) feet to a point;thence south forty-six (46) degrees fifty-one(51) minutes thirty(30) seconds East seventy-five and three tenths(75.3) feet to a point;thence North forty-four(44)degrees eight(08)minutes West one hundred ten(110)feet to a point on the southeastern line of Royal Drive; thence along Royal Drive North forty-five(45)degrees fifty- two(52)minutes East seventy-five (75)feet to a point,the place of BEGINNING. BEING Lot No. 10,Block'A'on Plan No. 3 of Windsor Park, as recorded in Plan Book 12,page 23,Cumberland County Records. HAVING THEREON ERECTED a one story brick dwelling known as No. 5218 Royal Drive. PROPERTY ADDRESS: 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 PARCEL#13-24-0793-145. File It: 321449 VERIFICATION Christopher Roscoe hereby states that he/she is Officer of, FIFTH THIRD MORTGAGE COMPANY,that he/she is authorized to make this Verification,and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. Name: 1.1 r s �.r Ewa. DATE: 6/19/13 1 Title:Officer FIFTH THIRD MORTGAGE COMPANY Name: SAN Property: 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 Attorney File No.: PHS #321449 • • 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#: 321449 ` FORM l • • IN THE COURT OF COMMON PLE G, FIFTH THIRD MORTGAGE COMPANY • OF CUMBERLAND COUNTY,PENNSYgier 11 —or Plaintiff(s) r N c vs. =An " r VICTORIA M.SAN 3, , LY Q.SAN ..a ' HUONG T.SAN 3,11:4).1 ` Defendant(s) - vil 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 mty 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(7l 7)2439400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed withthe 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 reasonablearrangements 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 contactMidPenn 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 concilition conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: kQ1,(4I3 t Date Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff • 1 + 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: C 1JS"t`ONIFIVPRIM %la 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 d No ❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: Other Real Estate: $ $ Retirement Funds: $ $ Investments: Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount owed: Value: Automobile#2:Model: Year: Amount owed: Value: Other transportation(automobiles,boats.motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthl •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 Support/Alim. Spending Money Day/Child Care/Tuit. _ Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you teen 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 D No D 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: 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) Exhibit "B" • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronrty RAnderson Sheriff „,tr at cvoatt,, Jody,S Smith Chief Duty 7f�+i`,�•wl� Richard W Stewart , ! w Sc;11/cifor CO rIc'Of rJ.rr p>s Af#IENDSD Fifth Third Mortgage Company Case Number vs. 2013-3662; Victoria M San(et al.) SHERIFF'S RETURN OF SERVICE 07/0112013 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Hung T.San,but was unable to locate the Defendant in his bailiwick,The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found'at 5218 Royal Drive, Lower Allen,Mechanicsburg,PA 17055.Residence appears to be vacant. 07/01/2013 Ronny R Anderson,Sheriff, being sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit:Victoria M San,but was unable to locate the Defendant in his bailiwick,The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 5218 Royal Drive,Lower Allen,Mechanicsburg,PA 17055.Residence is vacant. 07/01/2013 Ronny R Anderson,Sheriff, being duly sworn according to law,states he made diligent search and Inquiry for the within named Defendant to wit: Ly San,but was unable to locate the Defendant In his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as Not Found"at 5218 Royal Drive,Lower Allen, Mechanicsburg, PA 17055. Residence appears to be vacant, 07/03/2013 03:50 PM-Deputy William Cline,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Cppiathtln Mortgage Foreclosure by handing a true copy`to=e per on'representing themselves to be Huorig 1,San,Wife,woo - -_,tai as"Adult Person in harge"for L.y San a at. Pleasant View Drive,Silver.Spring, a «.burg,PA 17050. ..en'``d A. L •M CLI E,DEPUTY 07/03/2013 03:50 PM-Deputy William Cline,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Huong 7,San,Mother,who accepted as"Adult Person in Charge"for Victoria M San at 66 Pleasant View Drive, Silver Spring,M " attiabttfg,PA 17050. LI CLINE DEPUTY 07/03/2013 03:50 PM-Deputy William Cline, being duly sworn according to law,served the requested Notice of Residentiai,Mortgage Foreclosure Diversion Program and Complaint,in Mortgage Foreclosureby "personally"handing a true copy to a person representing themselves tobe'the a= slant,t6 wit:Huong T San4at 66 Pleasant View Drive,Silver Spring, Mechanlcsbury;PA 17050, Li.it° LINE,DEPUTY IL9 co.,,-ttysu.,0 S1sanM,Tda,,,,bR i,,,, SHERIFF COST: $88.80 SO ANSWERS,, July 05,2013 RON IY R ANDERSON,SI1ERIFF Exhibit "C" Y ■ OF rHE p h FFICE PHELAN HALLINAN,LLP 2913 SEP-4 Attorney for Plaintiff Zachary Jones,Esq., Id.No.310721 4"a' 40 1617 JFK Boulevard,Suite 1400AN( G LINTY One Penn Center Plaza V /A Philadelphia,PA 19103 Zachary.Jones @phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE : CUMBERLAND COUNTY'1 Qh, COMPANY : COURT OF COMMON PL' •" Pr,- vs. •• : CIVIL DIVISION VICTORIA M.SAN . LY Q.SAN : No.13-3662-CIVIL HUONG T.'SAN : , PRAEC1PE FOR IN REM JUDGMENT FOR FAILURE TO � kil ' t ; "10,i#, IF ' '. . TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against al, t . u_. 0 SAN and HUONG T.SAN,Defendants for failure to file an Answer ,.W 7 r _ , . Complaint within 20 days from service thereof and for foreclosure and sale of the #, E':, . ::: ;fr ses,and assess Plaintiffs damages as follows: ..t...pr.:. pr or 4, As set forth in Complaint $153,767.69 TOTAL $153,767.69 I hereby certify that(1)the Defendants'last'mown addresses are 5218 ROYAL DRIVE, MECHANICSBURG,PA 17055-3512 and 66 PLEASANT VIEW DRIVE,APARTMENT D, . MECHANICSBURG,PA 17050-3106,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. ate /Ai D q- 3`13 M Za,,_'";" sq.,Id.No.310721 ,E, •rne ,o . aj t ff `s DAMAGES ARE J 'Y ASSESSED AS INDICATED. 1 / DATE: C j"T j� J irw., * PH#515207 PROTHONOTARY 815207 PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Jones,Esq.,Id.No.310721 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones ephelanhallinan.com 215-563-7000 }1.147H THIRD MORTGAGE : CUMBERLAND COUNTY COMPANY t COURT OF COMMON PLEAsq 77 vs. �jG�h�it CIVIL DIVISION ' `'-RS,�C '' ` VICTORIA M.SAN R LY Q.SAN : No.13-3662-CIVIL HUONG T.SAN AlsTIDAVIT OF NON-MILITARY SERVICE , 'ilk , a 1 %fp Y The undersigned attorney hereby verifies that he/she is the attorney for Plaintiff in the above-captioned matter,and that on information and belief,he/she has knowledge of the following facts,to wit: (a) that the defendants VICTORIA M.SAN and LY Q.SAN 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 a ended � ^, tiY (b) that the Plaintiff is without information sufficient to i s,. ;`,* a.of :i e defendant HUONG T.SAN is not in the Military or Naval Service of the United "-,. ., Allies,or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940,as amended. (c) that defendant VICTORIA M. SAN is over 18 years of age and 1st known addresses are 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 and 66 PLEASANT VIEW DRIVE,APARTMENT D,MECHANICSBURG,PA 17050-3106. (d) that defendant LY Q.SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 and 66 PLEASANT VIEW DRIVE,APARTMENT D,MECHANICSBURG,PA 17050-3106. (e) that defendant HUONG T.SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 and 66 PLEASANT VIEW DRIVE,APARTMENT D,MECHANICSBURG,PA 17050-3106. 815207 , . This statement is made subject to the penalties of 18 Pa.C.S.Section 4904 relating to=sworn falsification to authorities. ./ Date 13sq.,Id.No.310721 o A ,'rue dr Plaintiff ' f- 41 I AN,LLP 1617 P Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 1 tioRivr Pi pp c)"FILE .Fri n -IA , ATTORAitt, ..r ° 431 P4 bla t; ATTORivrt, 4../Fit.1.,' . REASE'R—i'rri.L;UPY K ION 815207 imoimommiimiwipaimm.„ Department of Defense Manpower Data Center Ramat""' "' °` " eCM 3.0 Status Repast Pursuant to SScvic einmoobers Civil Relief Act Last Name:SAN First Name:VICTORIA Middle Name: M Active Duty Status As Of: Sep-03-2013 _. On AAA*Duey OnANd s DNNr eneo Deb__. _. ANbi Our ern ore Ashy Duly end Deb stye awoke Compeniat w, NA Mo NA This reopens.retina lei4 akt yam attY Mal Matt w,w.Athos ag Stotts nw tadFAww Duty wN*301'Dyys et Mk* *.Due Mho Duly asp Deb Ado Duly NW pb Mao ewN.QOnpoysm MA NA NA Tene newsy maw*Woo NoYM,Aluatat alas thirty alas Seas se7drye MOW* s Maw Dub Nam Das Th•MmewernsasANrtklSae lwlMwectr Point q pIDAuMwouyanMuY, IMMOWs Older MaeaoatmSW Dam OMeNWMeedartrndoW + 'WA aw.ieConyeami NA NA ft Ni Ni MN newsy IMNb*Alter Yr edNiaaer Whir MB tw reeeNed'eerynelluodm b npiIb ISM edy Upon searching the data banks of the Department of Defense Manpower Dela Center,based on the Information that you provided,the above Is the status of the Individual on the active duty status date es to all bronchia of the Uniformed Sorvices(Amy,Navy,Markle Corps,Air Force,NOAH,Public Health,end Coast Guard). This status Includes information on a Servloemember or hlsAror 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.. Yibut Mary M.Snavely-Dixon,Director Department of Defense•Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Roma cor:8003, Department of Defense Manpower Data Center � 0 ` scRA ad Stein RapOtt Pursuant to Sotvicemontbots Civil Relief Act Last Name: SAN First Name: LY Middle Name: Q Active Duty Status As Of:Sep-03-2013 on MOM Duly Od Mew Duty OM*OW .. MOW My SIM Ow Mao oars Sid O_Y awe (NAND OsWpaaM ... ►N NA ,..._. No NA This wow NON.M IniddiM•MN*duty MILO 0w0 an Ito AoIM Cugdanne ENN • I/t Adios Odd NNW AST don ofMNOug MAN OM P a l o OidreYn0ab__. Auks 0ar Ind OW Maus _ .. OrrbConprwt NA NA No NA /No rrrporno Mode*WO O1►rain*lornotanit Intiondlio WY Op proombio asAae+a014NoraOMa no Meador oo WSW UM Woo NuNisd of 'Aro 011WM Addy(NV on Mho Orly Okla MY QdrNolkelonManOslo Wit NUOiaMM Ind Dab NOW SentoCanwnod NA NA Na. NA TManporno(OWN Wisner dNMMrYMarNalwunkhosrraNM raVaaWMonbnoonfrWA*Soy Upon searching the data banks of the Department of Defense Manpower Data Canter,based on the information that you provided,the above Is the status of the IndNklual on the active duty status dots as to a8 brand=of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes Information on a Servicemember or hie 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 INDMDUAL Yfriamt Mary M.8nevely.OIson,Director Department of Defense-Menpowsr Data Canter 4800 Meek Canter Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No.236)-Revised FOTH THIRD MORTGAGE COMPANY : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS VICTORIA M.SAN LY Q.SAN : CIVIL DIVISION HUONG T.SAN No.13-3662-CIVIL, Notice is 'ven that a Judgment in the above captioned matter has been entered against you on •� `' go041P By: g,,,,f ....•� If you have any questions concerning this matter please contact: Phelan Hallinan,LLP Zachary Jones,Esq.,Id.No.310721 Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 **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.** 815207 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax#: 215-568-7616 Alisa Wlodarczyk Representing Lenders in Legal Assistant, Ext. 1620 Pennsylvania August 30,2013 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: FIFTH THIRD MORTGAGE COMPANY v. VICTORIA M. SAN, LY Q.SAN and HUONG T. SAN No. 13-3662-CIVIL Action in Mortgage Foreclosure Premises: 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 Dear Sir/Madam: Please enter Judgment against defendants, VICTORIA M. SAN, LY Q. SAN and HUONG T. SAN, in the above matter. Enclosed is the original Praecipe for Default Judgment and Affidavit of Non-Military Service with copies of 237.1 notices for your records, together with my check for payment of fees and costs. In addition, please mail time-stamped copies of the Default Judgment to the defendant in the pre-addressed stamped envelopes included, Kindly, send me your receipt and your stamped copies of the Praecipe for Default Judgment and Affidavit of Non-Military Service in the stamped self-addressed envelope, which I have provided. If there are any questions concerning the above matter, please contact me immediately. Yours truly, Alisa Wlodarczyk for Phelan Itallinan, I..LP 815207 PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Jones, Esq., Id, No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE : CUMBERLAND COUNTY COMPANY . : COURT OF COMMON PLEAS vs. : : CIVIL DIVISION VICTORIA M.SAN . LY Q. SAN : No. 13-3662-CIVIL HUONG T. SAN , 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 VICTORIA M. SAN,LY Q. SAN and HUONG T.SAN, Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $153,767.69 TOTAL $153,767.69 I hereby certify that(1)the Defendants' last known addresses are 5218 ROYAL DRIVE, MECHANICSBURG,PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date_ q- 3 - 13 , , .2n 1�V . isc1., Id. No.310721 ,i, orne 'luitttil'1' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Pit 8 815207 PROTHONOTARY 815207 PHELAN HALLINAN,LLP Attorney for Plaintiff Zachary Jones,Esq.,Id.No.310721 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Zachary Jones @phelanhallinan.com 215-563-7000 FIFTH THIRD MORTGAGE : CUMBERLAND COUNTY COMPANY COURT OF COMMON PLEAS vs. CIVIL DIVISION VICTORIA M.SAN LY Q.SAN : No. 13-3662-CIVIL HUONG T. SAN AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts, to wit: (a) that the defendants VICTORIA M. SAN and LY Q. SAN 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 the Plaintiff is without information sufficient to determine whether the defendant HUONG T. SAN is 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. (c) that defendant VICTORIA M. SAN is over 1.8 years of age and last known addresses are 5218 ROYAL DRIVE, MECHANICSBURG, PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106. (d) that defendant LY Q. SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE, MECHANICSBBURG, PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECHANICSBURG, PA 17050-3106, (e) that defendant HUONG T. SAN is over 18 years of age and last known addresses are 5218 ROYAL DRIVE, MECHANICS.BURG, PA 17055-3512 and 66 PLEASANT VIEW DRIVE, APARTMENT D, MECI-IANICSBURG,PA 17050-3106. 815207 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Date�..� __. . �'ltc i 1 fir. LLP a; ary J n ,',Esq.,Id. No.310721 A orne. f Plaintiff PHEL'' IALLINAN, LLP 1617 J "?' Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 815207 nos uila oa of sop-03•2648 12.,O4:24 Department of Defense Manpower Data Center 500/,J.r, '''' ; Status Report R .` Pursuant to Scrvfcemembcrs Civil R�[ief Act a ,: .4 Last Name: SAN First Name: VICTORIA Middle Name: M Active Duty Status As Of: Sep-03-2013 ___. .. __. ..... On Active Doty On Andva Otdy Siatas 041 Act va Duty Than Date r. 9+va D rip End Doe I Status .._ Sr ti cw x oo p.,AV 4t NA NA i No NA Th.o racyvn a renacts/he Ur i:Lrals naive Only Shins gated mt IN,Ar,INe Oily`shins Dam _ _..... _ _. Lek Acfvo Doty WnIh art 0uys of!4ta.vo Duty Diatua Usle Aei .,Cut/51 to Dd/o Ar.rvaDriv Fad Dom i ___Tutu So o a i ',at ,.•„NA NA No _ NA ,... Than respanso to/fac ts what.,9.e rndoicuvl lTh acava duryatalus a'lhdr,367 day,proutAtt19 U,n Active Duty S3alcs Dal, r. The Member or Nis/Her Unil Wax No11Ged cl a Future Cub-Up le Aciive Duty on Act'na Duty Statue axle CrCet Not 9 o,olmn lari Date Niel h U..afu�'t Lo D.110 .......5ia1 r So nco u nporie t NA. NA Na NA I nU noop,.n9a ref c,rla v+hniner Iho Ind/c dual or Who urns Iles folsOafa a n//p r ai,ticaarwt sa■rpn i.or nctiva suFp 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 an to ell 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. yiki„,„,,,,,,, A. ,f4stitkeit .+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Dais Center 4800 Mark Center Drive,Suite U4E25 Arlington,VA 22350 Bosuns so of Sop'43?3 i s 12'0422 Department of Defense Manpower Data Center SCRA 7.Gi Manic Report Pursuant to Servicetnembers Civil Relief Act Last Name: SAN First Name: LY Middle Name: Q Active Duty Status As Of: Sep-03-2013 On Aot vo Doty no ANNA Duty Shit.Dote ..�. hobo Duty Sinn Data A.N.I‘A Duty End Date Stalin aeni a Compoaani NA No NA NA T hie raspo roe railecie me indiurdua Wi4no huty hiatus bated to the Active b.*Slalus DtIe LeA thol to D riy'Mho,307 Day:.:;l Acura Duty Status Daic [[[ oINU ttuly Slot t,a a ACINO Day not Ditto Status c Coral i e I NA NA 74,s re wportue rollee Is vote rho ine vidual 1811 aolive it ely ototuc Wilbur 2f7 rays pror.sdiip rho Aortae Duty ttle'tia Dale ?hu Mara Ai er H NHar(Atli Woo Nat((hit ut a r.tiuro Cal-Lip to Active Duty Ott Active Duly Sta;uv Dote Or to N Iitt unoo Start Datb rl der rlvhi col ltri L d Oath 31+11 n 3ory ca corapoimtt NA _.... NA No This msponso(Mavis Whether the indiwaool or Iosthoi unit has received eody roti(cdUeri Iv report 101 relive tray 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 statue 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 histher 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, niktAlt Mary M.Snavely-Dixon,Director Deportment of Defense.Manpower Data Center 4800 Mark Center°rive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236)-Revised FIFTH THIRD MORTGAGE COMPANY CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS VICTORIA M.SAN LY Q.SAN CIVIL DIVISION HUONG T.SAN No. 13-3662-CIVIL Notice is given that a Judgment in the above captioned matter has been entered • against you on , By: If you have any questions concerning this matter please contact: Phelan Hallman, LLP Zachary Jones, Esq., Id. No.31.0721 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 BANKRUI'7'CY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, RUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 815207 . - — . . -1,,....,..,,,,,,.(7,...,..-,,,15 ..4*. —,-..,.. ...re.,....,.....,........7....., . . FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO, 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defend ant(s) TO: VICTORIA M.SAN 5218 ROYAL DRIVE MECHANICSB URG,PA 17055-3512 DATE OF NOTICE: "?.„, I/41 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN.AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 ,, By: Joflini I,o th,Esq,Id,No,312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 P/1 t 815207 FIFTH TIIIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO, 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defend ant(s) TO: VICTORIA M. SAN 66 PLEASANT VIEW DRIVE APARTMENT D MECHANICSBURG,PA 17050-3106 DATE OF NOTICE: v.__ 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 RECEIVE]) 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 N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PII#815207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v, VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: LY Q.SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 DATE OF NOTICE: , , / .13._ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE 1S 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 CLALMS 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 FEB 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 T}tr�tlt;ts�L ohb,Esq.,Id.No.312174 Awls s' for Plaintiff Phelan Hallinan,I,C,P 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#1U5207 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v, VICTORIA M.SAN NO. 13-366 •CIVIL. LY Q,SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: LY Q.SAN 66 PLEASANT VIEW DRIVE APARTMENT D MEC.HANICSBURG,PA 17050-3 f 06 DATE OF NOTICE: i. . . _ . 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 ELIG1I3T.,E PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOI,ISE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE.,PA /7013 (717)249-3.166 BY:._._ Jo Iran (obh Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1100 One Penn Center Plaza Philadelphia,PA 19103 PH#8J52{)7 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. VICTORIA M.SAN NO, 13-3662-CIVIL LY Q,SAN HUONG T.SAN CUMBERLAND COUNTY Defendant(s) TO: I IUONG T,SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 t .. DATE OF NOTICE: .. . 1-11 s,... ..-.. . THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT' T'O 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 ANT) 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 7 / By: . _1U .1, l rtls,iuu 1.u1,h,Esq.,Id.No 312174 Attorney for Plaintiff Phelan Itallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 1'H#815207 FIFITI THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. VICTORIA M.SAN NO. 13-3662-CIVIL LY Q.SAN HUONG T,SAN CUMBERLAND COUNTY Defendant(s) TO: HIJONG T.SAN 66 PLEASANT VIEW DRIVE APARTMENT D MECHANICSBURG,PA 17050-3106 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 TS 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 AI'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: . J4LL J 'u,ihu 1.Ait)13,Esq.,4No.312174 Alitnitcy for Plaintiff Phelan Halhuaii,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH 4 R15207 FOLD HERE 815207 VICTORIA M.SAN 5218 ROYAL DRIVE MECIIANICSBURG,PA 17055-3512 FOLD HERE 815207 VICTORIA M.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3)06 .n__.m. .M_w.,______ w___m______FOLD HERE________ _ _______..____ __ _______ FOLD HERE 815207 LY Q,SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-35:12 FOLD hIERE , a_---_,_w.__-_.._ w_v.._._W,.__--- FOLD HERE 815207 LY Q.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSI3URG,PA 17050-3106 FOLD HERE---------------- 3)5207 BDONGT.SAN 5218 ROYAL DRIVE M8CBANICSDD&L .PA }7O55-35}2 FOLD HERE------'-- '-'- ----_---_- . , FOLD HERE ----- ------- 815207 BlONG7.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D &x8C8ANiC88DRG,9Al7050-3lO8 '----'---'-'---------- POl^�fl���----------~-----------------~ PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE Court of Common Pleas MD 1MOB-BW CINCINATTI, OH 45227 Civil Division Plaintiff No. 2013-3662-CIVIL TERM v. Cumberland County VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay Nunc Pro Tunc and Confirm Default Judgment and proposed Order were sent via first class mail to the person listed below on the date indicated: VICTORIA M. SAN LY Q. SAN HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 Date: /01161//3 By /,% !_ tor J.sep 'lb chal , squire • ttor ey or Plaintiff 815207 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY 5001 KINGSLEY DRIVE Court of Common Pleas MD 1MOB-BW CINCINATTI, OH 45227 Civil Division Plaintiff No. 2013-3662-CIVIL TERM v. Cumberland County VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 r i LY Q. SAN 5218 ROYAL DRIVE , 1 MECHANICSBURG, PA 17055-3512 „ = —4 HUONG T. SAN r-- 5218 ROYAL DRIVE — MECHANICSBURG, PA 17055-3512 .. Defendants ORDER AND NOW,this 2 2r day of GL)1rf , 2013, upon consideration of Plaintiffs Motion to Lift Conciliation Stay, Nunc Pro Tunc, and Confirm Default Judgment 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, nunc pro tunc, and Plaintiff may proceed with its Mortgage Foreclosure Action; and it is further ORDERED and DECREED that the default judgment entered against the Defendant on September 4, 2013 is confirmed. BY TH COURT: J. 815207 c c : ■ Victoria M. San Ly Q. San Huong T. San 4seph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 1C-C% f7 LL L 815207 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FIFTH THIRD MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION v. . NO.: 13-3662-CIVIL VICTORIA M.SAN LY Q.SAN •• HUONG T. SAN CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $153,767.69 Interest from 09/05/2013 to Date of Sale $6,901.44 ($25.28 per diem) TOTAL $160,669.13 Phe :'Hallman,LLP J`�Michael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff Note: Please attach description of property. PH#815207 s, sa) V3 .AS rc SO- 11 11 .11% © tit rnrn vo c eLF-skt:) to• _00 C, s604-rf 74, • t$a.as • j;), sbl_C_ /g7S&Ls---39 ,2N qq a ust> u,:trt _cam„Q�t b r n cu ; �" p, r�r z n CD cm . r hJ'' 7 � z � y o tc;ii ell , y ° z W `J x r) m z 00 n ° zb b ic �y o o z °I.1 nroo n 'ti nbn a xmz xm'O xmo r, na )(74.) > Z nay co toffy to '-3 � y i ad ad > PD oC o oC co cm ST1 LA C17 „ o > 9 > o > H H H z z z H H H d d d • LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township,County of Cumberland, Commonwealth of Pennsylvania,bounded and described in accordance with a survey and plan thereof,dated May 31, 1967,prepared by Roy M. H.Benjamin,Professional Engineer,as follows. BEGINNING at a point on the southeastern line of Royal Drive, said point being six hundred ninety-two and fifty-nine hundredths(692.59)feet southwest of the intersection of Wesley Drive and Royal Drive;thence South forty-four(44)degrees eight(08)minutes East one hundred twelve and three tenths(112.3)feet to a point;thence south forty-six(46)degrees fifty-one(51)minutes thirty(30)seconds East seventy-five and three tenths(75.3)feet to a point;thence North forty-four(44)degrees eight(08)minutes West one hundred ten(110)feet to a point on the southeastern line of Royal Drive;thence along Royal Drive North forty-five (45)degrees fifty-two(52)minutes East seventy-five(75)feet to a point,the place of BEGINNING. BEING Lot No. 10,Block'A'on Plan No. 3 of Windsor Park,as recorded in Plan Book 12,page 23, Cumberland County Records. HAVING THEREON ERECTED a one story brick dwelling known as No.5218 Royal Drive. TITLE TO SAID PREMISES VESTED IN Victoria M. San and Ly Q. San and Huong T. San,by Deed from Patricia A. Whalen, aka, Patricia A. Goodman, aka, Patricia A. Whalen-Goodman, dated 06/15/2009,recorded 07/06/2009 in Instrument Number 200922956. PREMISES BEING: 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 PARCEL NO. 13-24-0793-145. F; t. OFF IC Attorneys for Plaintiff PHELAN HALLINAN, LLP v r d HE PRO MONO TAR 11 John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 NU DEC I 0 AM I 55 One Penn Center Plaza CUMBERL.ASO COUNTY Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com PENNSYLVANIA 215-563-7000 FIFTH THIRD MORTGAGE COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 13-3662-CIVIL VICTORIA M. SAN LY Q. SAN •• HUONG T. SAN : CUMBERLAND COUNTY Defendant(s) 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: Pin allinan,LLP •hn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff FIFTH THIRD MORTGAGE COMP 1`F - oTAS`( COURT OF COMMON PLEAS Plaintiff 1 ►t 1 - oEC ,O Mi� : 55 CIVIL DIVISION 313 V. • CURLAWDN NO.: 13-3662-CIVIL VICTORIA M. SAN pENNSYLVA LY Q. SAN HUONG T. SAN CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 FIFTH THIRD MORTGAGE COMPANY,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 5218 ROYAL DRIVE, MECHANICSBURG,PA 17055-3512. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) VICTORIA M.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 LY Q.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 HUONG T.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) VICTORIA M.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 LY Q.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 HUONG T.SAN 66 PLEASANT VIEW DRIVE,APARTMENT D MECHANICSBURG,PA 17050-3106 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) PH# 815207 None. ,. --6. r 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 5218 ROYAL DRIVE MECHANICSBURG,PA 17055-3512 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: /2/03 By: Ian 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# 815207 FIFTH THIRD MORTGAGE COMPANY : COURT OF COMMON PLEAS 4 Plaintiff : CIVIL DIVISION vs. : NO.: 13-3662-CIVIL • VICTORIA M. SAN LY Q. SAN : CUMBERLAND COUNTY HUONG T. SAN Defendant(s) c'3 ' NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 'r rt► 1;4 -0 s TO: VICTORIA M. SAN ci F LILT Q. SAN o s' = HUONG T. SAN fa rf ••• 66 PLEASANT VIEW DRIVE,APARTMENT y, cr va, D '< csti r. MECHANICSBURG, PA 17050-3106 **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 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$153,767.69 obtained by FIFTH THIRD MORTGAGE COMPANY(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. „2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-3662-CIVIL FIFTH THIRD MORTGAGE COMPANY v. VICTORIA M. SAN LY Q. SAN HUONG T. SAN owner(s) of property situate in the LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5218 ROYAL DRIVE,MECHANICSBURG, PA 17055-3512 Parcel No. 13-24-0793-145. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $153,767.69 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township,County of Cumberland, Commonwealth of Pennsylvania,bounded and described in accordance with a survey and plan thereof,dated May 31, 1967,prepared by Roy M. H. Benjamin,Professional Engineer,as follows. BEGINNING at a point on the southeastern line of Royal Drive,said point being six hundred ninety-two and fifty-nine hundredths(692.59)feet southwest of the intersection of Wesley Drive and Royal Drive;thence South forty-four(44)degrees eight(08)minutes East one hundred twelve and three tenths(112.3)feet to a point;thence south forty-six(46)degrees fifty-one(51)minutes thirty(30)seconds East seventy-five and three tenths(75.3)feet to a point;thence North forty-four(44)degrees eight(08)minutes West one hundred ten(110)feet to a point on the southeastern line of Royal Drive;thence along Royal Drive North forty-five (45)degrees fifty-two(52)minutes East seventy-five(75)feet to a point,the place of BEGINNING. BEING Lot No. 10,Block'A'on Plan No. 3 of Windsor Park,as recorded in Plan Book 12,page 23, Cumberland County Records. HAVING THEREON ERECTED a one story brick dwelling known as No.5218 Royal Drive. TITLE TO SAID PREMISES VESTED IN Victoria M. San and Ly Q. San and Huong T. San,by Deed from Patricia A.Whalen, aka, Patricia A. Goodman, aka,Patricia A. Whalen-Goodman, dated 06/15/2009,recorded 07/06/2009 in Instrument Number 200922956. PREMISES BEING: 5218 ROYAL DRIVE,MECHANICSBURG,PA 17055-3512 PARCEL NO. 13-24-0793-145. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3662 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due FIFTH THIRD MORTGAGE COMPANY Plaintiff(s) From VICTORIA M.SAN,LY Q. SAN,HUONG T.SAN (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: $153,767.69 L.L.: $.50 Interest FROM 9/5/2013 TO DATE OF SALE($25.28 PER DIEM)-$6,901.44 Atty's Comm: Due Prothy: $2.25 Atty Paid: $237.35 Other Costs: Plaintiff Paid: Date: 12/10/13 / David D. B ell,Prothon. . (Seal) �.. 1.4/i Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 AFFIDAVIT OF SERVICE ' PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PH#815207 DEFENDANT SERVICE TEAM/lxh VICTORIA M.SAN COURT NO.:13-3662-CIVIL LY Q.SAN HUONG T.SAN SERVE HUONG T.SAN AT: TYPE OF ACTION 66 PLEASANT VIEW DRIVE XX Notice of Sheriff's Sale APARTMENT D SALE DATE: June 4,2014 ` MECHANICSBURG,PA 17050-3106 s 'Fm:... rn SERVED-¢ Served and made known to HUONG T.SAN,Defendant on the day of 06cei�1(3 ,20 17 ,at ��, - • (=30 o'clock R.M.,at 6G QC( rSAI.IT Ui ew 04(4.7.C4. ,in the manner described below: Defendant personally served. < �.., Adult family member witkwhom Defendant(s)reside(s). - " Relationship is L-Y N - 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: S M S Description: Age , Heights '1 Weight Race Sex M Other I, ANA-peer' ,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 unworn falsification to authorities. DATE: l t(1,0( NAME: / d c' PRINTED NAME: A 12elet TITLE: ptl--0cSsS SC-tc-rz.. 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 Exist _Moved Does Not Reside(Not Vacant) _No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PH#815207 DEFENDANT SERVICE TEAM/lxh VICTORIA M.SAN COURT NO.:13-3662-CIVIL LY Q.SAN HUONG T.SAN SERVE VICTORIA M.SAN AT: TYPE OF ACTION 66 PLEASANT VIEW DRIVE XX Notice of Sheriff's Sale APARTMENT D SALE DATE: June 4,2014 MECHANICSBURG,PA 17050-3106 z-, C _ SERVED rn -'l Served and made known to VICTORIA M.SAN,Defendant on the day of t7l�.(31/"(R•-20 17,at {`' (�3o,o'clock j M.,at 66 QII PI.. . (/ICJ (7124.1/B-- ,in the manner described below: u',`. - _Defendant personally served. t"�' }j` ~; ,Adult family member with whom Defendant(s)reside(s). > Relationship is -7' &• SAN c� _Adult in charge of Defendant's residence who refused to give name or relationship. - _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age �b Height •5 , I , Weight 1 Race A M Sex M Other I, A0-1 WW-Pt-veL*. ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE:12' . 3 NAME: rt." �— PRINTED NAME: 61' i Mier TITLE: eel-°er- S Sete/4M- NOT SERVED On the day of 20 ,at o'clock .M.,I, ,a competent adult hereby state that Dendyant NOT FOUND because : _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 . AH tDAVIT OF SERVICE ' PLAINTIFF CUMBERLAND COUNTY FIFTH THIRD MORTGAGE COMPANY PH#815207 DEFENDANT SERVICE TEAM/Ixh VICTORIA M.SAN COURT NO.:13-3662-CIVIL LY Q.SAN HUONG T.SAN SERVE LY Q.SAN AT: TYPE OF ACTION 66 PLEASANT VIEW DRIVE XX Notice of Sheriff's Sale APARTMENT D SALE DATE: June 4,2014 ° _ MECHANICSBURG,PA 17050-3106 _ ;'-=-- �.a-y —J I—i"' c3 rr.;' SERVED r= ' Se ed and mad known to Y Q•SAN,Defendant on the 24lay ofigL,20 ,at .�C �}o'cloc M.,at Co Q(.IC SMUT V1'EW pP-lvt ,in the manner described below: r C.t Defendantersonally served. T✓ f dc";)f Adult family member with whom Defendant(s)reside(s). Relationship is --A _Adult in charge of Defendant's residence who refused to give name or relationship. -4. _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 p, Li 4 Description: Age 7 , Height CI _ Weight t>c S RacB 1 f Sex M Other I, ntfX lJ - '1w ,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 unworn falsification to authorities. ke.L DATE: ( / `-ot 3 NAME: PRINTED NAME: FEN6E'4 O7C te. TTTLE: ?Polar serzAATYL NOT SERVED On the day of 20_,at o'clock_.M.,I, ,a competent adult hereby at D state the endyant 1� T ND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 IL 'rW HONG ?OIL; JUN -6 Ati IQ: 09 CUMBERLAND COUNT'' PENNSYLVANIA 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 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Plaintiff, V. VICTORIA M. SAN LY Q. SAN HUONG T. SAN Defendant(s) ; CIVIL DIVISION : No.: 13 -3662 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 1010 AM in the above -captioned matter has been continued until 07/02/2014 at 10:00 AM. Date: (1)1111-4 PH # 815207 Lauren R. Tabas, Esq., Id. No.93337 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 FIFTH THIRD MORTGAGE COMPANY Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION VICTORIA M. SAN LY Q. SAN HUONG T. SAN Defendant(s) : No.: 13 -3662 -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: VICTORIA M. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 LY Q. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 PH # 815207 VICTORIA M. SAN 66 PLEASANT VIEW DRIVE, APARTMENT D MECHANICSBURG, PA 17050-3106 LY Q. SAN 66 PLEASANT VIEW DRIVE, APARTMENT D MECHANICSBURG, PA 17050-3106 HUONG T. SAN 5218 ROYAL DRIVE MECHANICSBURG, PA 17055-3512 Date: PH # 815207 HUONG T. SAN 66 PLEASANT VIEW DRIVE, APARTMENT D NICSBURG, PA 17050-3106 auren R. Tabas, Esq., Id. No.9 Attorney for Plaintiff PHELAN HALLINAN, LLP 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 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIFTH THIRD MORTGAGE COMPANY Plaintiff, v. VICTORIA M. SAN LY Q. SAN HUONG T. SAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . No.: 13 -3662 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 77: fl`r Adam H. Davis, Esq., Id. No.203034 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 # 815207 Name and ,A Address Of Sender Phelan Hallinan, LLP 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/GIL - 07/02/2014 ALE Line Article Number Name of Addressee, Street, and Post Office Address .*0* TENANT/OCCUPANT 5218 ROYAL DRIVE 4 MECHANICSBURG, PA 17055512 2 3 4 5 *0*0 0*0* *00* *00* DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 13.5. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 Postage 50.45 $0.45 50.45 50.45 S0.45 RE: 'VTCTORIAM.SAVVjCUMBERLAND) - PH31.81520711011 Page 1. of :r- Wii4 TNa 62.25 Tool Number of Picas Listed by Soder Tonl Phoebe, orPieces Remised at Pow Office Ibsemii .Pa;Nome of Receiving Employee) The fell declaration of value is required on all domevic and beem0iaul ,e ,0aed mel. The mason= iMnenily payable for the eeeomvuebort err noaee{otia*k documents under Exryess Mel doctorate reeonstrtarloo murmurs is 321000 per pima subject te s Emil of 3500.000 per oas+nmce. The max,mum indemnity payable en Expo Mail rneeeturdise u $500. The mammate rodemoily payable h 525.000 for regi meted mad, seat with optional insurance, ice Dorecv c Mad Manual 0900 5913 and 5921 for lire Pokes of«amigoo Form 3877 Facsimile Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 111 4. iris ii -ROI !ONOTA ,\ 2014 SEP 17 NI 8: 37 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF TIE$t!ERIFF Fifth Third Mortgage Company VS. Victoria M San (et al.) Case Number 2013-3662 SHERIFF'S RETURN OF SERVICE 03/27/2014 10:19 AM - Deputy Stephen Bender, 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 5218 Royal Drive, Lower Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 04/02/2014 11:50 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Huong T. San, mother, who accepted as "Adult Person in Charge" for Victoria M San at 66 Pleasant View Drive, Apt. D, Silver Spring, Mechanicsburg, PA 17050, Cumberland County. 04/02/2014 11:50 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Huong T. San, wife, who accepted as "Adult Person in Charge" for Ly San at 66 Pleasant View Drive, Apt. D, Silver Spring, Mechanicsburg, PA 17050, Cumberland County. 04/02/2014 11:50 AM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Huong T San at 66 Pleasant View Drive, Apt. D, Silver Spring, Mechanicsburg, PA 17050, Cumberland County. 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/2/2014 07/02/2014 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 on July 02, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk on behalf of Fifth Third Mortgage Company, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,072.33 SO ANSWERS, August 13, 2014 ;c} County inite Sheriff. Teleosott inc. RONNY R ANDERSON, SHERIFF { ,00 F,dr Ode. pad 9?sss gto 3///7/ On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered 5218 Royal Drive, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: CLuSLA, Real Estate Coordinator b -S :b V 1 1 330 (101 Vd Jird]HSHI.2 E'iliA0 LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-3662 Civil Term Fifth Third Mortgage Company vs. Victoria M. San Ly San Huong T. San Atty.: Joseph Schalk ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Town- ship, County of Cumherland, Com- monwealth of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated May 31,1967, prepared by Roy M. H. Benjamin, Professional Engineer, as follows. BEGINNING at a point on the southeastern line of Royal Drive, said point being six hundred ninety-two and fifty-nine hundredths (692.59) feet southwest of the intersection of Wesley Drive and Royal Drive; thence South forty-four (44) degrees eight (08) minutes East one hundred twelve and three tenths (112.3) feet to a point; thence south forty-six (46) degrees fifty-one (51) minutes thirty (30) seconds East seventy-five and three tenths (75.3) feet to a point; thence North forty-four (44) degrees eight (08) minutes West one hundred ten (110) feet to a point on the south- eastern line of Royal Drive; thence along Royal Drive North forty-five (45) degrees fifty-two (52) minutes East seventy-five (75) feet to a point, the place of BEGINNING. BEING Lot NO. 10, Block 'A' on Plan NO.3 of Windsor Park, as re- corded in Plan Book 12, page 23, Cumberland County Records. HAVING THEREON ERECTED a one story brick dwelling known as No. 5218 Royal Drive. TITLE TO SAID PREMISES VEST- ED IN Victoria M. San and Ly Q. San and Huong T. San, by Deed from Patricia A. Whalen, aka, Patricia A. Goodman, aka, Patricia A. Whalen - Goodman, dated 06/1512009, re - 100 corded 07/06/2009 in Instrument Number 200922956. PREMISES BEING: 5218 ROYAL DRIVE, MECHANICSBURG, PA 17055-3512. PARCEL NO. 13-24-0793-145. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 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, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 20rn Technology Pkwy ' Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriot*News Now you know 2013-3662 Civil Term Fifth Third Mortgage Company Vs Victoria M San Ly San Huong T San Atty: Joseph Schalk ALL THAT CERTAIN lot or piece of ground situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated May 31,1967, prepared by Roy M. H. Benjamin, Professional Engineer, as follows. BEGINNING at a point on the southeastern line of Royal Drive, said point being six hundred ninety-two and fifty-nine hundredths (692.59) feet southwest of the intersection' of Wesley Drive, and Royal Drive; thence South forty-four (44) degrees eight (08) minutes East one hundred twelve and three tenths (112.3) feet to a point; thence south forty-six (46) degrees fifty-one (51) minutes thirty (30) seconds East seventy- five and three tenths (75.3) feet to a point; thence North forty-four (44) degrees eight (08) minutes West one hundred ten (110) feet to a point on the southeastern line of Royal Drive; thence along Royal Drive North forty-five (45) degrees fifty-two (52) minutes East seventy-five (75) feet to a point, the place of BEGINNING. BEING Lot NO. 10, Block 'A on Plan NO.3 of Windsor Park, as recorded in Plan Book 12, page 23, Cumberland County Records. HAVING THEREON ERECI'bD a one story brick dwelling known as No. 5218 Royal Drive. TITLE TO SAID PREMISES VESTED IN Victoria M. San and Ly Q. San and Huong T. San, by Deed from Patricia A. Whalen, aka, Patricia A. Goodman, aka, Patricia A. Whalen -Goodman, dated 06/1512009, recorded 07/06/2009 in Instrument Number 200922956. PREMISES BEING: 5218 ROYAL DRIVE, MECHANICSBURG, PA 17055-3512 PARCEL NO. 13-24-0793-145. 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 g duly sworn according to law, deposes and says: Cant Controller of The Patriot News Co., a corporation organized and existing under the laws of the nia, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the `y of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday general circulation, printed and published at 1900 Patriot Drive, in the City, County and State ws and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, n continuously published ever since; e or publication which is securely attached hereto is exactly as printed and published in their regular city Weekly editions which appeared on the date(s) indicated below. That neither she nor said subject matter of said printed notice or advertising, and that all of the allegations of this statement as ter of publication are true; and al knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on O. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the ectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds phin in Miscellaneous Book "M", Volume 14, Page 317. Swo This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 ................ subscribed before me th. 02 :ay of May, 2014 A.D. IC C0MMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public ..ashington Twp., Dauphin County My Commission Exp!res Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fifth Third Mtg Co is the grantee the same having been sold to said grantee on the 2nd day of July A.D., 2014, under and by virtue of a writ Execution issued on the 10th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3662, at the suit of Fifth Third Mtg Co against Victoria M, Ly Q & Houng T San is duly recorded as Instrument Number 201420906. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of , A.D. c?o /r Recorder of Deeds der . ' eeds, Cumberland County, Carlisle, PA My Com rmien Expires the First Monday of Jan. 2018