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Home My WebLink About09-8015Phelan 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 wJaime 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 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 27767 RICHMOND, VA 23224-7767 Plaintiff V. EDWARD F. STRUNGE 30 TORY CIRCLE ENOLA, PA 17025-2663 Defendant ATTORNEY FOR PLAINTIFF 220987 COURT OF COMMON PLEAS CIVIL DIVISION TERM , NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 220987 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 #: 220987 I . Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, P.O. BOX 27767 RICHMOND, VA 23224-7767 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD F. STRUNGE 30 TORY CIRCLE ENOLA, PA 17025-2663 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/14/2005 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 Book No. 1900, Page 1292. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2009 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 #: 220987 6 The following amounts are due on the mortgage: Principal Balance $105,335.08 Interest $5,109.52 02/01/2009 through 11/16/2009 (Per Diem $17.68) Attorney's Fees $1,300.00 Cumulative Late Charges $202.86 03/14/2005 to 11/16/2009 Property Inspections $9.00 Mortgage Insurance Premium / $82.62 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $112,589.08 Escrow Credit $0.00 Deficit $1,101.06 Subtotal $1,101.06 TOTAL $113,690.14 7. 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 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. File #: 220987 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 is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $113,690.14, together with interest from 11/16/2009 at the rate of $17.68 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. PHELAN HALLINAN & SCHMIEG, LLP By. )?? q V44.?? ? 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 ? P er J. Mulcahy, Esq., Id. No. 61791 ? ndrew 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 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 220987 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right-of-way line of Tory Circle, at the southwest corner of Lot No. 102, on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 102, North 71 degrees 34 minutes 00 seconds East, a distance of 100.00 feet to a point on the western legal right-of-way line of Hal Lane; thence along the western legal right-of-way line of Hal Lane, South 18 degrees 26 minutes 00 second East, a distance of 20.00 feet to a point at the northeast corner of Lot No. 104, on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 104, South 71 degrees 34 minutes 00 second West, a distance of 100.00 feet to a point on the eastern legal right-of-way line of Tory Circle; thence along the eastern legal right-of-way line of Tory Circle, North 18 degrees 26 minutes 00 seconds West a distance of 20.00 feet to a point a the southwest corner of Lot No. 102 on the hereinafter Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 103, Section 4, on the Final Subdivision Plan of Laurel Hills North, lot No. 3 and Lot No. 4, dated June 1 st, 1992, revised August 5th, 1996, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 30 Tory Circle. SUBJECT TO an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT NEVERTHELESS to restrictions, easements, setback line and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North Lots 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25th, 1994, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568. BEING THE SAME PREMISES which Nexgen Realty, LLP, a Pennsylvania registered limited liability partnership, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Edward F. Strunge. PARCEL NO: 09-14-0835-094 PROPERTY ADDRESS: 30 TORY CIRCLE File #: 220987 . > VERIFICATION 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. a Attoi ey for Plaintiff DATE: File #: 220987 U OF TH ROTF TARP 2009 NOV 18 PM 2: Q 7 Curs"n ?: to c?{JUNTY PEED-Z MVANA 5 7?r,sd Al:?- X33`1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~ ~~j.~ tl~ '4 it lh tlTr f ~~ ~~~ - .-~ I1-_ i ~_• ~ tom`: !'. n ._ ,~;nV 2C~9 G~ C - ~ ~~~ 2~ ~ 2 ~~ r:` ~,,; ".,ti1+ Suntrust Mortgage, Inc. vs. Edward F. Strunge Case Number 2009-8015 SHERIFF'S RETURN OF SERVICE 11/20/2009 04:50 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 20, 2009 at 1650 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edward F. Strunge, by making known unto Michael Pallotta, Adult in charge at 5 Salt Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.00 November 30, 2009 SO ANSWER .~ R THOMAS KLINE, SHERIFF 1Q~T1r~~ t~ ~ Deputy ShUrif f ?~ AFFIT~AVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY SUNTRUST MORTGAGE, INC. PHS # 220987 ~~ DEFENDANT SERVICE TEAM/ 'in EDWARD F. STRUNGE COURT NO.: 09-8015-CIVIL SERVE EDWARD F. STRUNGE AT: TYPE OF ACTION ~ ~ `vt~ lv =~ -n 5 SALT RD XX Notice of Sheriff s Sale ENOLA PA 17025-2018 m ~~, ~' ~~.~ ~ ~ tTt txi , SALE DATE: 06/02/2010 ~ s> ~ SERVED ~ ~: , ~.~ ~ t..1 -~° ~ Served and made ~ own to ~w,v.~~P ~~ c. ,Defendant on the ~ day of ~~ , 2010 ; l ' ~ a~ ca l , o c ock _. M., at ~_ ..5~.1~ ,C,~ ~/,,, r ,~,¢ , in the manner described below: '- ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). ~ Relationship is /1~/. ~/D7I~q ~ ~ - /~ ~ia 6. //~-1- _ 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 ~' ~p Weight / ~J Race L/ Sex ~ Other I, '~`` ~~t , 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 forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscn~d before me this ?•~"~day ~lI-~~c~~[.,y~~ of ~, 20i~. u03a.K"~ C'UB[,it; 5T~`TE OF tiE~ :ERSt.Y ~ 2013 Kenneth W. Baker Not r RCH 19 Bisbee Drive Br~Y CO+~RMt55I0N E;C'iKES ~ Burlington,NJ 08016 ~ NOT SERVED Ph. 609-526-4231 On the day o , 20 , at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address Moved No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ~~" By: Notary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalSnan, Esq., Id. No. 62695 Daniel G. Schmie8, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69549 Judith T. Romano, Esq., Id. No. 58745 Sheelal R Shah-Jana, Esq., Id. No. 81760 Janine 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 Chrisovalanle P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambletl, Esq., Id. No. 208375 1617 ]ohms F Kennedy BWd., Suite 1400 Philadelphia, PA 1910.31814 (215)563.7000 ~~ -a r ~-; ~~~ IN THE COURT OF COMMON PLEAS y ~ CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff Court of Common Pleas MAY 14 2010 v• Civil Division EDWARD F. STRUNGE Defendant CUMBERLAND County No.09-8015-CIVIL ORDER AND NOW, this f ~ ~ day of ~~,~ ,~ , , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $105,335.08 Interest Through June 2, 2010 $8,627.33 Per Diem $17.68 Late Charges $373.19 Legal fees $1,300.00 Cost of Suit and Title $1,316.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $409.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $203.71 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,121.62 TOTAL $119,686.43 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. :-- ~~~ -'~ ~ D ~ E.S rn~ i ~.cl, ~~ _z ~~ ~t ,. r '` i..: 'E'L i i. ~ v/~ 2 ~ ~ V ~' -'=- ' ~-~ CL L! _ '? ~ ~~ i .? N V 220987 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~a„~r of ~udsbrr~~y~ G,~~~~~ ~ ~,~~ .~• ~;= _:~~. CYPfiCE ~:' Tr-E S~~RlFR' ii ~=~~~- -,._ ~,_ 2u !'~ ~.+i.. E 2 ~". E CJA t. ; -, , ,,-~, F, Suntrust Mortgage, Inc. Case Number vs. Edward F. Strunge 2009-8015 SHERIFF'S RETURN OF SERVICE 04/07/2010 11:25 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1125 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 Edward F. Strunge, located at, 30 Tory Circle, Enola, Cumberland County, Pennsylvania according to law. 04/07/2010 11:31 AM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1131 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: Edward F. Strunge, by making known unto, Michael Pallotta, adult in charge, at, 5 Salt Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 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 $1.00 to Attorney Daniel Schmieg, on behalf of Suntrust Mortgage, Inc., 1001 Semmes Avenue, P.O. Box 27767, Richmond, VA 23224, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 745.28 SHERIFF COST: $745.28 SO ANSWERS, June 30, 2010 RON R ANDERSON, SHERIFF a -off ~~ C'o . • S~ ~ ~d ~~' 7?~~~ ;cJ CountySuite SheriB, Teleosoft. Ina ~ ~ S '"~-Cv S.~JNTRU~T MORTGAGE, INC. Plaintiff v. EDWARD F. STRUNGE COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8015-CIVIL Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 30 TORY CIRCLE, ENOLA, PA 17025-2663. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) EDWARD F. STRUNGE 5 SALT RD ENOLA, PA 17025-2018 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) WILLOW MILL VETERINARY HOSPITAL 11 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE/ SUITE 107 MECHANICSBURG, PA 17055 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) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7.. Naine and address o~ 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 t reasonably ascertained, please indicate) TENANT/OCCUPANT 30 TORY CHICLE ENOLA, PA 17025-2663 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 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. January 6, 2010 By: G Atto for Plaintiff 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 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ shua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ~ A . SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff -CIVIL DIVISION vs. N0.09-8015-CIVIL EDWARD F. STRUNGE CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD F. STRUNGE 5 SALT RD ENOLA, PA 17025-2018 **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 30 TORY CIRCLE, ENOLA, PA 17025-2663 is scheduled to be sold at-the Sheriffs 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 $114,450.38 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You 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. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 By virtue of a Writ of Execution N0.09-8015-CIVIL STJNTRUST MORTGAGE, INC. vs. EDWARD F. STRUNGE owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 30 TORY CIRCLE. ENOLA, PA 17025-2663 Parcel No. 09-14-0835-094 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,450.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County . of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right-of-way line of Tory Circle, at the southwest corner of Lot No. 102, on the hereinafter described Final Subdivision Plan; thence along the southern line of said Lot No. 102, North 71 degrees 34 minutes 00 seconds East, a distance of 100.00 feet to a point on the western legal right-of--way line of Hal Lane; thence along the western legal right-of-way line of Hal Lane, South 18 degrees 26 minutes 00 second East, a distance of 20.00 feet to a point at the northeast corner of Lot No. 104, on the hereinafter described Final Subdivision Plan; thence along the northern line of said Lot No. 104, South 71 degrees 34 minutes 00 second West, a distance of 100.00 feet to a point on the eastern legal right-of--way line of Tory Circle; thence along the eastern legal right-of--way line of Tory Circle, North 18 degrees 26 minutes 00 seconds West a distance of 20.00 feet to a point a the southwest corner of Lot No. 102 on the hereinafter Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 103, Section 4, on the Final Subdivision Plan of Laurel Hills North, lot No. 3 and Lot No. 4, dated June 1st, 1992, revised August 5th, 1996, and recorded in the Office of the Recorder of Deeds `in and for Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling SUBJECT TO an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariffprovisions. UNDER AND SUBJECT NEVERTHELESS to restrictions, easements, setback line and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North Lots 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25th, 1994, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568. TITLE TO SAID PREMISES IS VESTED IN Edward F. Strange, single person, by Deed from Nexgen Realty, LLP, dated 02/24/2005, recorded 03/16/2005 in Book 267, Page 4868. PREMISES BEING: 30 TORY CIRCLE, ENOLA, PA 17025-2663 PARCEL N0.09-14-0835-094 09002750 . , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-8015 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From EDWARD F. STRUNGE (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 $114,450.38 L.L. $.50 Interest from 12/30/09 to Date of Sale ($18.81 per diem) -- $2,915.55 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Plaintiff Paid Date: x/20/10 (5ea1) Other Costs J~ David D. Buell, Prothon tary By: Deputy REQU$STING PARTY: Name: C~L~URTENAY 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 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 30 Tory Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: . ~~~ Real Estate Coordinator ~ fi ~~ d Z Z NVf OIOZ 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 16, April 23, and Apri130, 2010 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. wit so. zoo9-sofa ciu Suntrust Mortgage, Inc. ~a. Edward F. Strunge Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8015-CIVIL, SUNTRUST MORTGAGE, INC. va. EDWARD F. STRUNGE, owner of property situate . in the Township of EAST PENN3- BORO, Cumberland County, Penn- sylvania, being 30 TORY CIRCLE, ENOLA, PA 17025-2663. Parcel No. 09-14-0835-094. Improvements thecton: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $114,450- .38. ' a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 a Notary NOTARIAL SEAL DEBORAH A COLLINS Nohryr Public CARUSIE BOROUGH, CUMBERLAND COUN11f Wry Commi~uion Expires Apr 28, 2011 w,_ ~~# a 4 r:~; .. "4'Y!t:!,,4 :IJ",k,;F+311A11 ~, .•,x;19 s f i .,;~~. ` 'The Patriot-News Co. 2020 Tecfinology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is 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: ~NIMt~MbM` Ys. Edward. F: ~ Aity: Dan1a1 Q~ 8~ ; ~Y rlrtue of a W~h of S1~N1' ~T ~' . .~ ' ~pWARD R Oarms) of propetty ee`~M, .`fir of BAST PENNSB(>ItQ, penn.Xlvania, being (1r~Y} ~L1;, i~ol.n, Ira i7ozs• pm~cel No. f19-I4-U835.09d ( a stteeG~dress).. ' Improvements theraoe: ~,$mli19TIAL DW$LLING ~ JUDGMENT AMAUNT: $114,450.38 COMMONWEALTi OF PENNSYLVANIA Notarial Seal Slterrle 1. Kimaer, Notary Publk Lower Paxbott TWp., Dauphin County My CotfWttlsslort Btplr~as Nov. 26, 2011 04/16/10 04/23/10 04/30/10 Member, pennsylaranla gssocladon of Notaries 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 SUNTRUST MTG INC 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 8015, at the suit of SUNTRUST MTG INC against EDWARD F STRUNGE is duly recorded as Instrument Number 201018378. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. ,~ / ~ of Deeds Recorder of Deeds, Cuntberlend Counlg Carlisle, PA AAy Cornmissian Fires the First Mondfly of Jan. 20'14