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HomeMy WebLinkAbout09-6964 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 L/laime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 217799 SUNTRUST BANK 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. ROBERT B. MCDADE MABLE I. MCDADE 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CQ- &9jvy cCUMBERLAND COUNTY File #: 217799 ,. 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. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 217799 .y 1. Plaintiff is SUNTRUST BANK 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT B. MCDADE MABLE I. MCDADE 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/18/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200829339. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 04/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 217799 r 6. The following amounts are due on the mortgage: Principal Balance $213,500.00 Interest $5,218.20 03/01/2009 through 10/09/2009 (Per Diem $23.40) Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 08/18/2008 to 10/09/2009 Property Inspections $9.00 Cost of Suit and Title Search $750-00 Subtotal $220,777.20 Escrow Credit $0.00 Deficit $0.00 Subtotal SO -M TOTAL $220,777.20 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in p ersonam 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. File #: 217799 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rum Judgment against the Defendant(s) in the sum of $220,777.20, together with interest from 10/%f /2009 at the rate of $23.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL ALL? N & SCHMIEG, LLP By: 7y1 ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ,rew L. Spivack, Esq., Id. No. 84439 P Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 217799 LEGAL DESCRIPTION ALL THAT CERTAIN tracts or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Robert Street, a fifty (50) foot right of way, said point being at the dividing line between Lot Nos. 7 and 6, Block E, on the hereinafter mentioned Plan of Lots; thence along said southern line of Robert Street, north 75 degrees 19 minutes east, eighty-five and eleven hundredths (85.11) feet to a point; thence along same on a curve to the right having a radius of seventeen (17) feet, an arc length of twenty-four and ninety-hundredths (24.90) feet to a point on the western line of Allendale Road, a fifty (50) foot right of way; thence along the western line of Allendale Road, south 20 degrees 45 minutes east, one hundred seven and fifty-seven hundredths (107.57) feet to a point; thence north 75 degrees 17 minutes east 11.88 feet to a point; thence south 20 degrees 30 minutes east 7.5 feet to a point; thence south 75 degrees 17 minutes west, one hundred twenty-five and zero hundredths (125.00) feet to a point; thence south 82 degrees 37 minutes 34 seconds west, eight and two hundredths (8.02) feet to a point on the dividing line between Lots Nos. 7 and 6, Block E, on the hereinafter mentioned Plan of Lots; thence along said dividing line, north 11 degrees 15 minutes west, one hundred twenty- eight and ninety-five hundredths (128.95) feet to a point on the southern line of Robert Street, the place of BEGINNING. PARCEL NO. 17-23-0563-185 PREMISES: 714 ROBERT STREET, MECWNICSBURG, PA 17055-3447 File #: 217799 r 1„ The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attogey for Plaintiff DATE: -14-oq File #: 217799 Q _ r.? ?t? t: i tL? , C,1 vJJ i 418.5o Po -AIT-1 cx.? 8?r?1 ?tS Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor r. OU I£;£ OF I HE S !£RIFF OF SfIE. ice'i k 7A 1T Suntrust Bank vs. Robert B. McDade 2009 OCT 20 A',I 9: 50 ? s ,f r F" .. _t!i I Case Number 2009-6964 SHERIFF'S RETURN OF SERVICE 10/16/2009 08:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert B. McDade, by making known unto himself personally, at 49 Honeysuckle Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/16/2009 08:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert B. McDade, by making known unto himself personally, at 49 Honeysuckle Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 714 Robert Street Mechanicsburg, PA 17055 is vacant. 10/16/2009 08:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mable I. McDade, by making known unto Robert McDade, husband of defendant at 49 Honeysuckle Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/16/2009 08:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 2000 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mable I. McDade, by making known unto Robert B. McDade, husband of defendant at 49 Honeysuckle Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Request for service at 714 Robert Street Mechanicsburg, PA 17055 is vacant. SHERIFF COST: $74.00 SO ANSWERS, October 19, 2009 R THOMAS KLINE, SHERIFF BY ty k PLAINTIFF SUNTRUST BANK DEFENDANT ROBERT B. MCDADE MABLE I. MCDADE AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVE ROBERT B. MCDADE AT: 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 PHS # 217799 ~ o SERVICE TEAM/ iin ~ ~ -*~ ~i COURT NO.: 09-6964 CIVI Lc~>~_ItM = ....: cn ~-~ TYPE OF ACTION ~ i ; ` '~ ~ -7f , XX Notice of Sheriff s Sale ice ~' : ~ SALE DATE: 06/02/2010 N 0 SERVED Served and made known to ea..7~ ~~ ,Defendant on the day of ~ , 20Bf~ , at 7-~ o'c ock L°. M., at nr ~~ ~ , h~~vr,.,~,5~ /A in the manner described below: Defendant persona 11 y served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age ~ Height S'/0 Weight LB,p Race ~/ Sex i''' Other ~/~ I, ~~~`` ,~o~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set fort herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before his ~ day of J,9y- , 200 . Il~,-~~~ q[ Y CtJ1tTY NOTARY PUB'..1C Kenneth W. Baker Not By: STATE GF ~~' JERSEY 19 Bisbee Drive Burlington,NJ 08016 MY COMMSSiCi E +i~1Ri:5 MARCH 1, 2013 ph, 609-526-4231 On the day of , 200_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis 5. HalBnan, Esq., Id. No. 62695 Daniel G. Schmlcg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. Nw 58745 Shcetal R Shah-Joni, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Pcler J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chntsovalante P. Fltakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblell, Esq., Id. No. 208375 One Pmn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 i~ PLAINTIFF SUNTRUST BANK DEFENDANT ROBERT B. MCDADE MABLE I. MCDADE AFFIDAVIT OF SERVICE ~ p CUMBERLAND COUNTY C c SERVE MABLE I. MCDADE AT: 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 ~ ~ '~ ~ ~ T. ~-, PHS # 217799 _ '~ _ ..:. .y SERVICE TEAM/ iin ~~ ~~-' ~.' ~ COURT NO.: 09-6964 CIVII~~RM ~ C: N TYPE OF ACTION ~ ~ XX Notice of Sheriff s Sale SALE DATE: 06/02/2010 `-n ~~ ~~ iJ ~~, -~ -r; fi -•c SERVED Served and made known to /d- t, ~ ~!~ ~ ,Defendant on the ~- day of ~Y , 2osb0 , at 7:..w o'clock _P. M., at~f ~ ,. , ~ , in the manner described below: J.Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Descri~p/ti'on: Age ~ Height Rio Weight tea Race W Sex /y- Other I, /1 G-- ~o ~~ , a competent adult, being duly sworn according to ]aw, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as~t'~orth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this a lsiil%:1'~~RLY CURTY ~ of ~, 2 NU'iARI' PUBLIC. ST~FE OF ~~1V ~ ERSEY Kenneth W. Baker Not I~f~~OMMt5SIC3N EXtaiRLS MARCH 7, 2013 19 Bisbee Drive Burlington,NJ 08016 NOT SERVE Ph. 609-526-4231 On the day , 200_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ~~ By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phclan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Dank! G. Schmicg, Fsq., Id. No. 62205 Michde M. Bredfocd, Esq., ld. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcetai R Shah-Joni, Esq., Id. No. 81760 Janine R Davcy, Esq., ld. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq„ Id. No. 86657 Pcter J. Mulcahy, Esq., Id. No. 6!791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalank P. FBakos, Esq., Id. No. 94620 Joshua 1. Goklmaq Esq., Id. No. 205047 Courlenay R. Dunn, Esq„ Id. No. 206779 Andrew C. Brambldt, Fsq~ b. No. 208375 lhte Penn Center at Suburban Slatkn 1617 John F. KennMy Blvd., Suik 1400 Philadelphia, PA 19103-1814 (215)563-7000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ Fj cr; . . . _ , t1 f it ,-., Sheriff ~aaair n! ~'uir~d frf~~d ~ ! t , - + " i f t~+tid Jody S Smith Chief Deputy ~,~' ;` ~~ ~.~~ 2~ i ~ ~~~ ~ ~ ~~ ~; Richard W Stewart "~~~~'` ~, - _ Solicitor ~r,~~ c ~ . ~~ stt~~~r>~ ~. „:. ~.- „ ;, ~i ;kJEY . ... .,_ __a~%. ... . Suntrust Bank Case Number vs. 2009-6964 Robert B. McDade (et al.) SHERIFF'S RETURN OF SERVICE 04/01/2010 08:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 2043 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert B. McDade & Mabee I. McDade, located at 714 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/01/2010 08:32 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 2029 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert B. McDade, by making known unto; Mabel I. McDade, adult in charge, at 49 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/01/2010 08:32 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 2029 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mabee I. McDade, by making known unto, Mabel I. McDade, personally, at 49 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1 the same. 06/02/2010 Ronny R. Anderson, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $148,800.00 to Thomas M. Franklin, 403 Allendale Road, Mechanicsburg, PA 17055, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 06/03/2010 Ronny R. Anderson, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $148,800 to Thomas Franklin, 403 Allendale Road, Mechanicsburg, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 4,046.16 07/09!2010 Deed recorded 07-09-10. SHERIFF COST: $4,046.16 SO ANSWERS, July 14, 2010 RON R ANDERSON, SHERIFF ~~. o~ pd - ~.. ~~ ~~i~i fcj CountySuite She~fl, Teleosoft. Inc. mot` `~ ~~ SCHEDULE OF DISTRIBUTION Date Filed: 6/23/10 Writ No. 2009-6964 Civil Term Suntrust Bank Vs Robert B. McDade Mable I. McDade 714 Robert Street Mechanicsburg, PA 17055 Sale Date: June 2, 2010 Buyer: Thomas M. Franklin Bid Price: $ 148,800.00 Total Due: $ 227,689.00 per Order of Court to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (02/03/2010): Cash on Account (06/02/2010): Cash on Account (06/18/2010): Total Receipts: $ 1,500.00 14,880.00 142,011.22 $ 158,391.22 Disbursements: Sheriffs Costs $ Legal Search Transfer Tax State Transfer Tax Local Barry L. Heckard, Mechanicsburg Borough Tax Collector (2010 County, Library, Township Taxes) Attorney Daniel Schmieg Suntrust Bank Total Disbursements: Balance for distribution: So Answers: `' ,.~ y R. Anderson •, Sheriff 3,746.16 300.00 2,407.61 2,407.61 1,225.18 1,500.00 146,804.66 ($158,391.22) 00.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff s Sale, Writ No. 2009-6964 held June 2, 2010 EFFECTIVE DATE: June 2, 2010 PREMISES: 714 Robert Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel No. 17-23-0563-185 (the "Premises") RECITAL: Being the same premises which Mabel S. Acri, widow, by her Deed dated May 27, 1999 and recorded June 14, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 201, Page 606, granted and conveyed unto Robert B. McDade and Mabee I. McDade, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the legal operation and effect of the absence of a legal description of the subject real estate for purposes of Sheriffs Sale. -2- 21. Mortgage in the amount of $213,500.00 from Robert B. McDade and Mable I. McDade to Suntrust Mortgage, Inc. dated August 18, 2008 and recorded August 28, 2008 to Instrument No. 200829339, assigned October 28, 2009 in Instrument No. 200936606 to Suntrust Bank. 22. Judgment against Robert B. McDade and Mable I. McDade in the amount of $221,736.60 entered November 24, 2009 in favor of Suntrust Bank, amended to $227,689.00 by Order of Court dated and entered May 10, 2010 to No. 2009-6964 with respect to the Mortgage identified as Item No. 21, above. 23. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of John I. Kimmel recorded in Plan Book 50, Page 40. 24. Subject to the Agreement recorded in Misc. Book 320, Page 581. 25. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on Plan No. 4 of Heritage Acres recorded in Plan Book 31, Page 117. 26. Subject to the Declaration recorded in Misc. Book 207, Page 331. 27. Subject to the rights granted PPL in Misc. Book 63, Page 31. 28. Subject to the rights granted PPL and Bell or Bell of PA in Misc. Book 207, Page 209. 29. Subject to the rights granted West Shore TV Cable Company in Misc. Book 210, Page 451. 30. Subject to the rights of others in and to any portion of the Premises within or adjoining Robert Street andlor Allendale Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. B ~~ y Keith O. Brenneman -3- i W*it No. 2009-6964 Civil Suntrust Bank vs. Robert B. McDade Mable I. McDade Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6964 CIVIL, SUNTRUST BANK ys. ROBERT B. McDADE, MABLE I. McDADE, owners of prop- erty situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 714 ROBERT STREET, MECHANICS- BURG, PA 17055-3447. .Parcel No. 17-23-0563-185. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $221,736- .60. EXHIBIT A 7 ti- , ~tJNTRUST BANK • , COURT OF COMMON PLEAS X Plaintiff ` CIVIL DIVISION v. N0.09-6964 CIVIL TERM ROBERT B. MCDADE MABLE I. MCDADE CUMBERLAND COUNTY Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST BANK, 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 714 ROBERT STREET, MECHANICSBURG, PA 17055-3447. 1. Name and address of Owners or reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT B. MCDADE 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 MABLE I. MCDADE 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may T* be affected by the sale: Name ~ Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 714 ROBERT STREET MECHANICSBURG, PA 17055-3447 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 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. December 30, 2009 sy: Atto for laintiff elan Hallman & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 SUNTRUST BANK COURT OF COMMON FLEAS Plaintiff CIVIL DIVISION vs. N0.09-6964 CIVIL TERM ROBERT B. MCDADE MABLE I. MCDADE CUMBERLAND COUNTY Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT B. MCDADE MABLE I. MCDADE 49 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17050-3166 **THIS FlltM IS A ll~;13'I' COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THA'I' 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 714 ROBERT STREET, MECHANICSBURG, PA 17055-3447 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $221,736.60 obtained by SUNTRUST BANK (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 maybe 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. 3. 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. ti 2. You maybe 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 ca11215-563-7000. 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 maybe 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 Z LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ti= SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6964 CIVIL TERM SUNTRUST BANK vs. ROBERT B. MCDADE MABLE I. MCDADE owners of property situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being (Municipality) 714 ROBERT STREET, MECHANICSBURG, PA 17055-3447 Parcel No. 17-23-0563-185. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $221,736.60 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 ~~ ' ~ LEGAL DESCRIPTION ALL THAT CERTAIN tracts or Parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Robert Street, a fifty (50) foot right of way, said point being at the dividing line between Lot Nos. 7 and 6, Block E, on the hereinafter mentioned Plan of Lots; thence along said southern line of Robert Street, north 75 degrees 19 minutes east, eighty-five and eleven hundredths (85.11) feet to a point; thence along same on a curve to the right having a radius of seventeen (17) feet, an arc length of twenty-four and ninety-hundredths (24.90) feet to a point on the western line of Allendale Road, a fifty (50) foot right of way; thence along the western line of Allendale Road, south 20 degrees 45 minutes east, one hundred seven and fifty-seven hundredths (1.07.57) feet to a point; thence north 75 degrees 17 minutes east 11.88 feet to a point; thence south 20 degrees 30 minutes east 7.5 feet to a point; thence south 75 degrees 17 minutes west, one hundred twenty-five and zero hundredths (125.00) feet to a point; thence south 82 degrees 37 minutes 34 seconds west, eight and two hundredths (8.02) feet to a point on the dividing line between Lots Nos. 7 and 6, Block E, on the hereinafter mentioned Plan of Lots; thence along said dividing line, north 11 degrees 15 minutes west, one hundred twenty-eight and ninety-five hundredths (128.95) feet to a point on the southern line of Robert Street, the place of BEGINNING. HAVING THEREON ERECTED a single family dwelling known and numbered as 714 Robert Street, Mechanicsburg, PA 17055. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservation and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Robert B. McDade and Mabee I. McDade, h/w, by Deed from Mabel S. Acri, widow, dated 05/27/1999, recorded 06/14/1999 in Book 201, Page 606. PREMISES BEING: 714 ROBERT STREET, MECHANICSBURG, PA 17055-3447 PARCEL NO. 17-23-0563-185. . WRIT OF EXECUTION and/or ATTACHMENT w COMMONWEA;.,'1:HOFt PENNSYLVANIA) NO 09-6964 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST BANK, Plaintiff (s) From ROBERT B. MCDADE and MABLE I. MCDADE (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 $221,736.60 L.L. $.50 Interest from 11/20/09 to Date of Sale ($36.45 per diem) -- $7,107.75 Atty's Comm Atty Paid $193.00 Plaintiff Paid Date: 1/20/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ~, KICS David uell, Prothon By• Deputy Name: COURTENAY R DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 } ~ ~ e On March 22, 2010 the Sheriff levied. upon the ~- 2. ~,~def~ndant's interest in the real property situated in ~., ~-- -~_ `~' ~~= ' Me$hanicsburg Borough, Cumberland County, PA, ~:_~ ~._; ~_ ,- CV _- , . y K~wn and numbered as, 714 Robert Street, Mechanicsburg, ~: i...~ ~.. - rr~e fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: C~~~''`A' ~I rtectiR~ Real Estate Coordinator 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 Cazlisle 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 regulazly 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 16, Apri123, and Apri130, 2010 Aff~ant 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. Writ Ao. Z009-6964 Civil Suntruat Bank ~8. Robert B. McDade Mable I. McDade Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-6964 CIVIL, SUNTRUST HANK va. ROBERT B. McDADE, MABLE I. McDADE, owners of prop- erty situate in the BOROUGH OF MECHANICSBURG, Cumberland County, Pennsylvania, being 714 ROBERT STREET, MECHANICS- BURG, PA 17055-3447. Parcel No. 17-23-0563-185. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $221,736- .60. ~~- Lisa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 0 da of Aril 2010 Notary ..~.~... NOTARIAL SEAL DEBORAH A COLI.INS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ' r ,. .;~t' . ~ ~ . S ;, z COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which THOMAS M FRANKLIN is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 20TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6964, at the suit of SUNTRUST BANK against ROBERT B MCDADE & MABLE I is duly recorded as Instrument Number 201018388. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. ~ ~ D My Comm ~ ~ Atondeyot~en. 2ot4 ~'`'i'he Patriot-News Co. ~ 2020 Technalogy Pkwy e a ~lo 'r Q~~ Suite 3Q0 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16110 4'tit Np. 240-6Yii4 C1vN Tian 04/23/10 Bl~nlc ~ ~____ - -. 04/30110 ~~ vs. + Robert B. McLtefde Mebla L M$Dads". Atty: Danlel'Sq~~sg ~ , ........... ...... ........... . By virdu of a Writ of Exawtipn IVO.09.6964 ~'~ Sworn to and. s scribed before yne this 8 day of May, 2010 A. D. `SUNTRUSTBANK ~. vs ~ ~~ /~ ROBERf$:MCDADE ~__ _ /~.' ~( '---' -C IVIABLE I. MCDADE ~`~ __--~ " l (-~7, L,- ( t`- Owaets of pmpeny situpte in the BOROUGH ~ ~- _.• -... - '" Notary Public ~"--- OF 1vlECfIANICSBURG, Cltmbataed Cooaty, Pennylvama, be6og (11lity) 714 ROBERT sTR~I; Ir~c~InNlcsauRC, pn 17055-3447 ~uunNwt+a~'M AP P~NNS VANIA Parcel No. I7-23-0563-185. NptarNll SNi (Acreage or stmt ac>~ess) Sherrie 4 Klirter, Notary Publk Improvements thereon: RESIDENTIAL- Lower Panbon 7wP•r DauPhM GOUntY DWELLING " JUDGMENT AMOUNT: My Commlasion ~~ ~v' 26~ 2011 5221,736.60 Member, Pennsylvania Assodatlon of Notaries