HomeMy WebLinkAbout14-4539 Supreme Court of Pennsylvania
Court of Common Pleas For Prolhonown,Ust Onr.
Civil Cover Sheet Docket No: -).qq�3cl 114411VI-144.
Cumberland County I I I
The information collected on this form is used sole1jfor court administration purposes. This form does not supplement or replace the
filing and service qfpleadings or other papers as regi.dred by law or rules of court.
S Commencement of Action:
E x Complaint o Writ of Summons o Petition
C o Transfer from Another Jurisdiction o Declaration of Taking
T Lead Plaintiff's Name:SUNTRUST MORTGAGE,INC. Lead Defendant's Name:LARRY MACCURRY OR OCCUPANTS
0
N
Are money damages requested? : c Yes X No Dollar Amount Requested: within arbitration limits
A (Check one) outside arbitration limits
Is this a 'lass Action Suit? Do Yes OX No I Isthis anMDJAppeal? o Yes DXNo
Name of Plaintiff/Appellant's Attorney: Martha Von Rosenstiel, Esq.
c) Check here if you are a Self-Represented (Pro Se)Litigant
Nature of the Case: Place am-X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If youar-e making more than one type of claim- check the one that
you consider most important.
TORT(do not include Vass Ton) CONTRACT(do not inchide i4dgm-ents) CIVIL APPEALS
bitentional Buyer Plaintiff Administrative Agencies
Q Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
13 Motor Vehicle Debt Collection:Other Q Board of Elections
E3 Nuisance E] Dept.of Transportation
S [] Premises Liability El Statutory Appeal:Other
E3 Product Liability(does not include Employment Dispute:
E "wSS tort) Discrimination[3 Slander/1-ibel/Defamation
C El other. Employment Dispute:Other 0 Zoning Board
T [3 other:
13 Other:
o MASS TORT
13 Asbestos
N Tobacco
Toxic Tort-DES
[3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
13 Toxic Waste, El Ejectizient []Common LamdStatutory Arbitration
1B 13 Other: 13 Eminent DomainiCondemnation 13 Declaratory Judgment
O Ground Rent Mandarims
LandloidfTenant Dispute Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY []!Mortgage Foreclosure:Commercial Quo warmto
[3 Dental Partition Replevin
13 Legal Quiet Title Other
E3 Medical Other.-
13 Other Professional:
A
Updated 11112011
MARTHA E. VON ROSENSTIEL, P.C. 34255-CFC-EM
Martha E. Von Rosenstiel, Esquire/No. 52634 FII ED-OFF ICI~
q C'F� THE PR0THONOTAi�Y
Heather Riloff, Esquire/No. 309906
649 South Avenue, Suite 7 42014 AUG 05
Secane, PA 19018 �1 !'
(610) 328-2887 CUMBERLAND COUNTY
Attorneys for Plaintiff PENNSYLVANIA
SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
1001 Semmes Avenue
Richmond, VA 23224
Plaintiff
V. NO.
LARRY MACCURRY OR OCCUPANTS
915 Old Silver Spring Road
Mechanicsburg, PA 1.7055' :
Defendant(s)
CIVIL ACTION - EJECTMENT
NOTICE ADVISO
You have been sued in court. If you wish to defend against the claims Le han demandado a usted en la cone.Si usted quiere defenderse de
set forth in the following pages,you must take action within hventy(20) estas demandas expuestas en las paginas siguientes,usted tiene
days after this complaint and notice are served,by entering a written veinte(20)dias de plazo al partir de la fecha de la demanda y]a
appearance personally or by attorney and filing in writing with the court notificacion. I-lace falta a sentar una comparencia escrita o en
your defenses or objections to the claims set forth against you.You are persona o con un abogado y entregar a la corte en forma escrita sus
warned that if you fail to do so the case may proceed without you and a defensas o sus objeciones a las demandas en contra de su persona.
judgment may be entered against you by the court without further notice Sea a visado que si usted no se defiende,la corte toma ra medidas y
for any money claimed in the complaint or for any other claim or relief puede continuar la demanda en contra suya sin previo aviso o
requested by the plaintiff. You may lose money or property or oth--r notificacion. Ad--mas,la corte puede decidir a favor del
rights important to you demandants y requiere que usted cumpla con todas las provisiones
de esta demanda. Usted puede perder dinero o sus propiedades o
otros de rechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA A UN ABOGADO
ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN
TELEPHONE THE OFFICE SET FORTH BELOW.THIS PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT . ESTA OFICINA LE PUEDE PROVEER INFORMACION
HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A SOBRE COMO CONTRATAR A UN ABOGADO. SI LISTED
LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER A UN ABOGADO,LE PODEMOS DAR INFORMACION
LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A
FEE OR NO FEE PERSONAS ELEGIBLE PARA SERVICIOS A COSTO
REDUCIDO O GRATUITO
CUMBERLAND COUNTY BAR ASSOCIATION \'
2 LIBERTY AVENUE
CARLISLE, PA 17013
71'1-249-3166 S
800-990-9108 zxl Q.
e +1 (P!o '3 D
3c-A a 8`(
MARTHA E. VON ROSENSTIEL, P.C. 34255-CFC-EM
Martha E. Von Rosenstiel, Esquire/No. 52634
Heather Riloff, Esquire/No. 309906
649 South Avenue, Suite 7
Secane, PA 19018
(610) 328-2887
Attorneys for Plaintiff
SUNTRUST MORTGAGE, INC. COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
1001 Semmes Avenue
Richmond, VA 23224 ;
Plaintiff
V. NO.
LARRY MACCURRY OR OCCUPANTS
915 Old Silver Spring Road
Mechanicsburg, PA 17055 ;
Defendant(s)
CIVIL ACTION - EJECTMENT
1. Plaintiff, Suntrust Mortgage, Inc., is the owner of premises known as 915 Old Silver
Spring Road, Mechanicsburg, PA 17055, more fully described in the legal description, a true and
correct copy is attached hereto, made part hereof and marked as Exhibit 1.
2. Plaintiff claims title to the aforesaid property by virtue of a Sheriffs sale held on March
12, 2014,. in the execution of a judgment in mortgage foreclosure obtained in the Court of Common
Pleas of Cumberland County, Docket No. 2013-2651 where Plaintiff was the successful bidder.
3. The Plaintiff became the owner of the said property by a sheriff's deed recorded on June
12, 2014 in the Office of the Recorder of Cumberland County at Instrument No. 201412358, said
Deed being attached hereto and marked as Exhibit 1I.
4. Plaintiff, by virtue of the aforesaid title, is the owner in fee of the said premises, and is
entitled to possession thereof.. The Defendants Larry MacCurry or Occupants are occupying the said
premises without right, and so far as the Plaintiff is informed, without claim of title.
5. On June 1.7, 2014 a ten day Notice to Vacate was sent via regular mail to the Defendants.
A copy of the Notice to Vacate and mailing receipt are attached hereto and marked at Exhibit III.
6. On June 19, 2014, the ten day Notice to Vacate was posted at the premises of 915 Old
Silver Springs Road, Mechanicsburg, PA 17055. A copy of the Affidavit of Service is attached
hereto and marked at Exhibit IV.
WHEREFORE, plaintiff demands judgment for possession of 915 Old Silver Spring /oad,
Mechanicsburg, PA 17055.
MARTHA E. VON ROSENS IEL, P.C.
B
Martha E. Von Rosenstiel, Esquire
Heather Riloff, Esquire
Attorneys for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing documents are true and correct and are
matters of public record..
I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section
4904 relating to unsworn falsification to authorities.
MARTHA E. VON ROSENST EL, P.C.
BY:
rtha E. Von Rosenstiel, Esquire.
Heather Riloff, Esquire
Attorneys for Plaintiff
Dated: July 29, 2014
EXHIBIT I.
ALL.THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced to
below as'Walnut Villas Condominium', located in the Borough of Mechanicsburg,County of
Cumberland,Commonwealth of Pennsylvania,which bass heretofore been submitted to the provisions of
the Pennsylvania Uniform Condominium Act,68 Pa.Cons.Stat.Ann, Section 3 10 1 et seq.(Pardon Supp.
1985),by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,of a
Declaration of Condominium,dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book
Vol. 308,Page 147,which :Declaration has been amended as follows; First Amendment to Declaration of
Condominium dated December 31, 1985 and recorded December 31, 1985 in the aforesaid Office at
Miscellaneous Book 313. Page 133, and amended by Second Amendment of Declaration of
Condominium dated March 23, 1987 and recorded March 27, 1987 in the aforesaid Office at
Miscellaneous Book 331, Page 933,and further amended by Third Amendment to Declaration of
Condominium dated lune 12, 1987and recorded.lune 12, 1987 in the aforesaid Office at Miscellaneous
Book 335, Page 283,and further amended by Fourth Amendment of Declaration of Condominium dated
November 10, 1987 and recorded November 30, 1987 in the aforesaid Office at.Miscellaneous Book 343,
Page 368 and further amended by fifth Amendment to Declaration of Condominium dated April 14, 1988
and recorded April 18; 1988 in the aforesaid Office at Miscellaneous Book 348, Page 868,and further
amended by Sixth Amendment of Declaration Miscellaneous Book 355, Page 1084,and further amended
by Seventh Amendment of Declaration of Condominium dated June 11, 1989 and recorded June 2, 1989 in
the aforesaid Office at Miscellaneous Book 364, Page 1060,and further amended by Eighth Amendment
to Declaration of Condominium dated June 20, 1989 and recorded June 23, 1989 in the aforesaid Office at
Miscellaneous Book 365. Page 899.
BEING designated as Unit No. 915 with a proportionate undivided interest in the Common Elemcnls of
such Condominium as set forth in such Declaration as so amended and as further amended by and further
amendments thereto hereafter recorded in the aforesaid of-rice.
UNDER AND SUBJ ECT to arty and all covenants,conditions, restrictions,rights of way, easements and
agreements of record, including(b�rt not limited to)those contained in the instruments recorded in the
aforesaid Office in Miscellaneous Book Vol.304, Page 227;Miscellaneous Book Vol.304.Page 566.
TITLE TO SAID.PREMISES IS VESTED IN Larry MacCurry,adult individual, by Deed from
Mary E. Allison, single person,dated 05/16/2005, recorded 05/19/2005 in Book 268, Pate 4732,
PREMISES BEING-915 01..,13 SiLVPR SPRING ROAD, MECHANICSBURG, PA 17055-2884
PARCEL NO. 18-22-0519-001-U-1,915
AND BEING the same premises which were sold to SUNTRUST MORTGAGE, INC., as Trustee
by the Sheriff of CUMBERLAND County on March 12, 2014 in execution of a judgment in
mortgage foreclosure entered in the Court of Common Pleas of CUMBERLAND County Docket
No. 2013-2651.
00379W
Tax Parcel No 18-22-0519-001.0-1-915
Know all Men by these Presents
That 1, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of
Pennsylvania, for and in consideration of the sum of$ 45,000.00 (Forty Five Thousand
Dollars) to me in hand paid, do hereby grant and convey to Suntrust Mortgage, Inc.
2013-2651 Civil Term
Suntrust Mortgage,Inc.
\!s
Larry Maccurry
ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration referenced to
below as'Walnut Villas Condominium', located in the Borough of Mechanicsburg,County of
Cumberland,Commonwealth of Pennsylvania,which has heretofore been submitted to the provisions of
the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat.Ann. Section 3101 et seq.(Purdon Supp.
1985), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania,of a
Declaration of Condominium,dated July 30, 1985 and recorded August 14, 1985 in Miscellaneous Book
Vol. 308, Page 147, which Declaration has been amended as follows; First Amendment to Declaration of
Condominium dated December 31, 1985 and recorded December 31, 1985 in the aforesaid Office at
Miscellaneous Book 313, Page 133, and arnended by Second Amendment of Declaration of
Condominium dated March 23, 1987 and recorded March 27, 1987 in the aforesaid Office at
Miscellaneous Book 331, Page 933, and further amended by Third Amendment to Declaration of
Condominium dated June 12, 1987 and recorded June 12, 1987 in the aforesaid Office at Miscellaneous
Book 335, Page 283,and further amended by Fourth Amendment of Declaration of Condominium dated
November 10, 1987 and recorded November 30, 1987 in the aforesaid Office at Miscellaneous Book 343,
Page 368 and further amended by Fifth Amendment to Declaration of Condominium dated April 14, 1988
and recorded April 18, 1988 in the aforesaid Office at Miscellaneous Book 348, Page 868,and further
amended by Sixth Amendment of Declaration Miscellaneous Book 355, Page 1084,and further amended
by Seventh Amendment of Declaration of Condominium dated June 1, 1989 and recorded June 2, 1989 in
the aforesaid Office at Miscellaneous Book 364, Pag. 1060, and further amended by Eighth Amendment
to Declaration of Condominium dated June 20, 1989 and recorded June 23, 1989 in the aforesaid Office at
Miscellaneous Hook 365, Page 899.
BEING designated as Unit No. 915 with a proportionate undivided interest in the Common Elements of
such Condominium as set forth in such Declaration as so amended and as further amended by and further
amendments thereto hereafter recorded in the aforesaid office.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions,rights of way, easements and
agreements of record, including(but not limited to)those contained in the instruments recorded in the
aforesaid Office in Miscellaneous Book Vol. 304, Page 227, Miscellaneous Book Vol. 304,Page 566.
TITLE TO SAID PREMISES IS VESTED IN Larry MacCurry, adult individual, by Deed from
Mary E. Allison, single person,dated 05/16/2005, recorded 05/19/2005 in Book 268, Page 4732.
PREMISES BEING: 915 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2884
PARCEL NO. 18-22-0519-001-U-1-915
The same having been sold by me to the said grantee on the 12th day of March
Anno Domini Two Thousand and Fourteen (2014)after due advertisement according to
law, under and by Virtue of a Writ of Execution issued on the 30th of September Anno
Domini 2013 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as
of Civil Term, Two Thousand and Thirteen (2013) Number 2651 at the suit of
Suntrust Mortgage, Inc.—vs- Larry Maccurry
In Witness Whereof, I have hereunto affixed my signature this 23rd day of May
Anno Domini Two Thousand and Fourteen (2014)
Ro y R. Anderson, Sheriff
Commonwealth of Pennsylvania,ss.
County of Cumberland
Before the undersigned, David D. Buell, Prothonotary of the Court of Common
Pleas of Cumberland County, Pennsylvania,personally appeared Ronny R. Anderson,
Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts
Set forth in the foregoing Deed are true, and that:he acknowledged the same in order that
Said deed might be recorded. Witness my hand and seal of said Court, this 23rd day
of May Anno Domini Two Thousand and Fourteen (2014)
Pr thonotary . "t3_LL
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I hereby certify that the residence
And Post Office address of the
�������tdt4t�.►t���v Within Grantee is
1001 Semmes Avenue
Richmond, VA 23224-7767
41
Richard W. Stewart
Solicitor
i
REV-183 Ex(04-10)
RECORDER'S USE ONLY
REALTY TRANSFER TAX State Tax Paid
COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE Book Number
DEPARTMENT OF REVENUE Page Number
BUREAU OF INDIVIDUAL TAXES
DEPT.280603
HARRISBURG,PA 17128-0603 See Reverse for Instructions Date Recorded/^
icate with Recorders of Deeds when(1)the full valueleonsideration is not set forth in the deed,(2)when the deed is without consideration,or by
Complete each section and file in dupl
gift,or(3)a tax exemptions is claimed.A statement of value is not required if the transfer is wholly exempt from tax based on:(1)family relationship or(2)public utility easement.If
more space is needed,attach additional sheet(s)
A. CORRESPONDENT—All inquires may be directed to the following person: _
Name
Phelan Hallinan,LLP Telephone Number
Area Code 215-563-7000
Street Address Cit} SLate
1617 JFK Boulevard,Suite 1400 Zip Code
Philadelphia PA 19103
One Penn Center Plaza
B. TRANSFERDATA C. Date of Acceptance of Document May 21,2014
Grantor(s)/Lessor(s)
Grantee(s)/Lessee(s)
Ronny R.Anderson, Sheriff SUNTRUST MORTGAGE,INC.
Street Address Street Address
1 Courthouse Square,Room 303 1001 SEMMES AVENUE
City State Zip Code City State
Carlisle PA 17013 Zip Code
RICHMOND VA 23224-7767
D. REAL ESTATE LOCATION 7 –
Street Address City,Township,Borough
915 OLD SILVER SPRING ROAD, BOROUGH OF MECHANICSBURG
MECHANICSBURG,PA 17055-2884
County School District
CUMBERLAND Fax Parcel Number
MECHANICSBURG AREA S.D. 18-22-0519-001:U_L915-
E. VALUATION DATA–WAS TRANSACTION PART OF AN ASSIGNMENT OR REL CATION? ❑ y N
1.Actual Cash Consideration 2.Other Consideration 3.Tal Consideration
545,000.00 winnin bid Total+ -0_ =S45,000.00
otCon
4.County Assessed Value 5.Common Level Ratio Factor _
$109,700.00 x 0.97 6.Fair Market Value
F. EXEMPTION DATA –5106,409.00
1 a.Amount of Exemption Claimed 1 b.Percentage of Grantor's Interest in Real Estate —1b.Percentage of Grantor's Interest in Real Estate
100% 100% 100%
Check Appropriate Box Below for Exemption Claimed.
❑ Will or intestate succession
(Name of Decedent) Estate File Number
❑ Transfer to a Trust.(Attach complete copy of trust agreement idergifying all beneficiaries.)
❑ Transfer from a trust Date of transfer into the trust _
If trust was amended attach a copy of original and amended trust.
❑ Transfer between principal and agent/straw party.(Attach complete copy ofagency/straw party agreement.)
-❑ Transfer to the Commonwealth,the United States and Instrumentalities by gift,dedication,condemnation or in lieu of condemnation.
(If condemnation or in lieu of condemnation,attach copy of resolution.)
® Transfer from mortgagor to a holder of a mortgage h default.
(Attach copy of mortgage and note/assignment)
❑ Corrective confirmatory deed.(Attach complete copy of the prior deed being corrected or confirmed)
❑ Statutory corporate consolidation,merge,or division(Attach copy of articles)
❑ *Other(Please explain exemption claimed,if other than listed above.
Under Penalties of law,I declare that I have examined this Statement,including accompanying information,and to the best of my
knowled a and belief,it i true rrect and cot ete.
Signature of Carreepandent ar R o Gbit P r
__'Date
MELISSA CONNOR ,
FAILURE TO COMP E E THIS MPR R Y OR ATTAAPPLICABLE DOCUMENTATION MAY RESUL IN THE E
REFUSAL TO REC THE DEED. CORDER'S
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE I
CARLISLE, PA 17013
717-240-6370 =
Instrument Number-201412358
Recorded On 6/12/2014 At 9:48:00 AM *Total Pages-5
*Instrument Type-DEED-SHERIFF'S
Invoice Number- M62F58 User ID-MVV
*Grantor-MACCURRY,LARRY
*Grantee-SUNTRUST MORTGAGE INC
*Customer-SHERIFF
*FEES
STATE WRIT TAX $0.50 r Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES - 51 .50
RECORDER OF DEEDS
PARCEL CERTIFICATION $1,5. 00 This page is now part
FEES of this legal document.
AFFORDABLE HOUSING $11.54
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
MECHANICSBURG SCHOOL $0.00
DISTRICT
MECHANICSBURG BOROUGH $0.00
TOTAL PAID $68.00
I Certify flus to be recorded
in Cumberland County PA
e
0
RECORDER OF DEEDS
*-Information denoted Inv tr,asterisk may change during
the verification process and may not be reflected on this page.
11 j 001711W I
I!1 II I I II I�I�II�I IIII I III
MARTHA E. VON ROSENSTIEL, P.C.
ATTORNEY AT LAW
649 SOUTH AVENUE, UNIT 7
Martha E. Von Rosenstiel,Espire SECANE, PA 19018
Heather 11ijot'f, 1--squire Phone(610)328-2887
Fax(610)328-2649
TO: LARRY MACCURRY OR OCCUPANTS
915 Old Silver Spring Road
Mechanicsburg. PA 17055
NOTICE TO VACATE &
TENANT'S RIGHTS UNDER FEDERAL LAW
NOTICE IS HEREBY GIVEN TI IAT Suntrust Mortgage, Inc., or its predecessor in
interest,acquired title to the Premises at a foreclosure stile held March 12. 2014 and perfected
title by deed recorded on ,lune 12. 2014 at Instrument.No. 201412358 in the Office of the
Recorder of Cumberland. County,
NOTICI' IS FURTHER GIVEN THAT the Federal "Protecting Tenants at Foreclosure
Act of 2009"(`PTFA")grants certain rights and protections to any occupant of the Premises
who is a "bona fide" tenant, as defined by the I'TFA. Suntrust Mortgage. Inc. is informed and
believes that no occupant of the Premises is a`-bona tide" tenant as defined by the PTFA. This
Notice is given, in part, to provide any occupant the opportunity. prior to the commencement of
the eviction action for possession, to provide acceplablc evidence to show that the occupant is
entitled to (lie protection of the PTFA.
TEN (I0) DAY NOTICE TO VACATE
Ifyou are a former owner or a person who is trot a "bona fide"tenant under the PTFA,
Suntrust Mortgage. Inc. terminates any and all rights to occupancy and instructs you to vacate
the Premises no later than tell 00)days follo«,ing delivery ot`this letter.
ALTERNATIVE NINETY (90) DAT NOTICI:
Ill 1hL'e"ell'"nP oce'117(1/1r of lhe 1)1.011ise.v is a honer ficic' Jc'ltun!us c�c�finecl by PTFA, this
Ie'Uc'r is the N1XE7)'(9'0) L)A}'X ulic e!r; I'ueulc'Tri "'W"11-&I hp PTF-I.
Thus, all occupants are required within ten (1(]) days after receipt by you of this Notice
EITHER to produce acceptable evidence to this law firm that tile, occupant is entitled to the
protections of tile, PTFA OR to vaeitte and surrender possession of the premises to Suntrust
M0119a9e. Itac. failure 10 supply the acceptable evidence or to vacate within
in an evictiotr proceeding; for possession of,the Premises being_liled. Pie aesele theat rnextne ili result
paragraph for ittstruc:tirnrs on hoxv to supply tlris evidence. l-1 I1 I:VIC'f�f�N WILL WI"11IIN TEN (10) DAYS Ol� YOUR RECE1111, Of",111,S LI-11- CR UNLESS ILL FIRM
AGREES IN WRITING NOT 'CO COMMENCE THE EVICTION. M
P.ige I of
BONA FIDE TENANTINFORMATION
IF YOU BELIEVE YOU QUALIFY AS A BONA FIDE ,TENANT UNDER PTFA of the
prior oivner,you must provide the follol►,ing documents:
e A copy of your lease (or, if your lease is oral,proof of rent
Payment)
e A return phone number and the hest time to reach,you
o The receipt for the last six (6) Payments made to the landlord
for the residence(or the length of time you have resided in the
property, if less than six (fi) months)
by maul, fax,or in person to:
Martha E. Von Rosenstiel, P.C.
649 South Avenue, Unit 6
Seeanc, PA 19018
Fax: 610-328-2619
For any questions, please caul 610-328-2887 ext 27
NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS
The Setvicemelnbers' Civil Relief Act (50 U.S.C. App. H 501-596), as amended. ("SCR.A")
grants active service members of the United States Armed Forces or a dependant of such an
active service member certain rights. which include the temporary suspension of judicial and
administrative proceedings against active service members and their dependents.
IF YOU BEI-IEVE YOU QUALIFY for protection under the SCI�A, please contact
by mail. lar, or in person:
Martha I-. Von Rosenstiel. 1'.C'.
649 South Avenue. tJnit t
Secane. PA 19018
Fax: 610-328-2619
For any questions. please call 610-328-2887 uxt 27.
Please note that you ma}' Msh tO consult an attorney to Il)VOU determine what '8hts you may
have. Wany. under the SCRA. y
MarItl Iv. Von Rosenstiel. Esquire
I leather Ri[off Esquire
Attorn�.'y
Date: for Plaintiff
_. �` I _
Page 2 ul'6
TITLE N`II--PR.ATEC'TI1G TENANTS AT FORECLOSURE ACT
SEC. 701. SNORT TITLE.
This title May be cited as the 'Protectitla 'I'eliant; at Foreclosure Act of'009'.
SEC. 702. EFFECT OF FORECLOSURE ON PREEXISTING TE:1AtC'y.
(a)Ill General- It, the case of any foreclosure oil a federally-relited mortgage foal, or
Oilany dtcel11l12 Or I'eSlCleiltial Peal proper,}"after the date of ellictluellt of this title.
any immediate successor in interest in such property pursuant to (lie foreclosure shall
assume such interest subject to--
0)I) the 1)"O"ision. by sucIi successi)I. til llltere, I of 1 11Cllice to t'acate to any
bola Tide tellallt ,it lest 90 clays before the effective elate of stiell notice. and
(Z) the rights of ally bolla f1de tells7l, , as of the date cif stici!Ilotice of
foreclosure--
(A) under allYbona fide leas;entel'ed into before the notice of
foreclosure to occupy tile prelllises until the end of the reluaillil,- term
of the lease. except that a successor in interest 1naV tenuillate a lease
effective oil the date of sale of tile tulit to a pl,rcIlaser who tiv'ilI occupy
tle twit as a prill.laly resicleilce. subject to the receipt by the tenant of
the 90 clay notice Under parigl%apil (1): or
(B) without a lease ar witll a lejse tenllinable at will Under State law.
Subject to the.receipt by the tenant of the 90 dav notice tinder
subsection (1).
except tilat notllillg tlildei• this se:tioil shell Affect the re-quirelllents fol•
tenilulation of wily Federal- or State-silbsidized tenanev or of,1115' State or
local lave' that provides longer t11,1e periods or othei additloual protections for
tett�ntS.
(b)Bolla Fide Lease or Teuallcy- For ptlrl)c3se5 of 11,15 sect1011. < lease or tellallcy shall
be considered bona fide o111y if--
(1) the IllofIcng"r or tilt child. spc-rise. 01'p��trellt of ilio rrlortwlUor lulcler the
colltract is "01 the tenant.,
(2) the lease Or tellancy u'a s t,2 reslitt of£#1!,�I'Tlls-1=»li?tfl tli�ilS�l'i]OII: �i11CI
(3) the lease or tenancy requires the raceipt of I-t2llt that is lot
5tib oll: nd -le
illall fair Clarke,Ietli for tale ss
propel•,),`or the t(uit's rept is I'edllred or subsidized
due to a Federal. State, or local subsidy.
(c) Defildtioil- Fol'plllpose.s of this seg:tiall, the teI'111 'fedei'dily-related Mortgage loan'
has the Same Illeallillz as ill section ? of the Real Estate Sr'ttlei„ent Frocedtue.
19 74 (1? Tj.S.C. 260-'3). s Act of
SEC. 703. EFFEt`'T OF FORECLOSE-RE ONSEC-710N' 8 TE Es' .
Section f;(o)(;) c,f tIl: t:nitecl State, Housint, Act �')f 193, .t) IJ.,.0. 1-137, o f 7
aluelldecl-- ( ). )) Is
Mage 3 01'6
(1) by inserting before the sellllcoloil in stlbpal'agraph (C) the following: and
1l1 the case of all Owner who is 111 hunlediate stt;cess,►ar in interest pursuant to
foreclosure during rile tell,,ofthe lea4e l�acatin�= t11e prol�elry prior to sale
shall 110t C011;tittlte Other goocl cilti5e. except that til: Owlice Illay terminate tie
tenancy effective oil the date of tl,allsfelr of the 1lllit to the owner if the owner--
'(i) NA`ill occupy the unit as a primmy residence: and
*(ii) has provided the tellallt a 110tice to vacate at least 90 clays
before the effective elate of shell Notice.': and
(2) by ilisel•tillg at the elld of sllbl)<Ilar,:r23I)it (.F} rl-le follo�i-illa: 'i11 rile case of
any foI°eclostlra ozl :lily fedel-ally-related nlol't-"3211 Io;3r1 (as that tenni is defined
ill sectiolz 3 of the kcal Estate Settlelllerit Froceclure3 Act of 1974 (12 U.S.C.
'CO')) or oll ally I•esidelitial real pi'op%.I ill a llicl.l 1 recipient of assistance
le StIbSectioll resides. rile immediate succ`Ssol• ill iIlterest ill such
property plu•suant to the foreclosure E,11,1,11 as itlllic' Stich illterest subject to the
lease between the prior o-tNmer alld the tenant incl to the Ilousillg assistance
paymelits Contract bemleen the pl'ior (AvIler and the public liotisillg agency for
the ocellplecl 1111". except that this I?roC"isioll and the pros•isions related to
foreclosill'e in subparagraph ((') shall tlot sh�Ill
la'"' riot effect arliT State or local
la'"' tlliit I3ro�'1cleS lGIlger time I]'.riod, or oilier()Jdjtiollal protections for
t�IlaiilS.'.
SEC. 704. SUIN SE T.
This title. allcl any amendments blade by t1lls tills al"e 1'el.,e, Iecl, ail t the re uireme
wider this title s11,111 tenllirlate. On December 31. 201?, � lits
Page 4 of6
lryou have any questions regarding this Notice or your ri
L- ghts please contact your own
attorney as we cannot provide legal advice to you. you co'uld also contact lawyer referral
service at the below contact inj,O,Ijjation If You need legal advice. Please be guided accordingly.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBEERTY AVENUE
CARLISLE. PA 17013
)
717-249-3 166
800-990-9108
M'
11S 1'trSTAVsrRVICr CERTIFICATE OF MAILING_ All" IecIlereinstsanps
AtA1'Ear
US[U t OR DOMESTIC ANp IN tLRt9A1'IUNAE,t1AiL,Dp£S NpT Or mcl¢r postage and
i'RI)VIDE OR INS URANCE—POSTMASTPR
�PsAan,�t;. Inquire of-
Received I rom: z `J I'aslrnas(?. fir current
MARTHA VON ROSENS1'1 "'�RITNEV Vow ES
649 SOUTH AVENUE- 002
0 �
0 $ 001.300
UNIT 7 00 738253 JUN 17 2014
SECANE, PA 19018
MAIL ,D FROM ZIPCODE 59078
tlue PieCc of ordinary 1213il addressed In:
,SiyvD3g
.. is p¢r
LARRY MACCURRY OR OCCUPANTS
915 Old Silver Spring Road 1. H
Mechanicsburg, PA 17055
dJfyyq �.5a���,
PS I'orm.38 17,1$ar.1989 ✓'����� �,�
142,55
235 SOUTH 13TH STREET
PHILADELPHIA,PA 191o7
PHONE:(215)546.7400 MGM
�srrlors for Protewloaaia Iso. FAX.(215)965.0189 Nr Irl
NtfbaelArroc4tbnvt Phhdeph'sAwdsVw
PMk$Sb Al Phu Btrvere arProleubn.pmMu&AVIS
Suntrust Mortgage inc. COURT Court of Common Pleas of Pennsylvania
.V8.
Larry MacCurry or Occupants COUNTY Cumberland County
CASE NUMBER Inst.4201412356
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA: B&R Contra!# C$114464.1
Reference Number MVR34265
SERVICE INFORMATION �Y"�"
On 17 day of June,2014 we received the
Notice to Vacate
for servicO upon Larry MacCurry or Occupants
at 915 Old Silver Spring Road Macklanicburg, PA 17066
'•`Special Instructions --------
Served
-----_Served DataTTT b0dT(ma x..�,�.� Acaeptad By;
In the manner described below. -"w-----------------.
Personally served.
Adult family member.Relationship is
f7 Adult In charge of residence who refused to give name and/or relationship
Manager/Clerk of place of'residence lodging _
Agent or Perron in charge of office or usual place of business
Lychl
Other
Description of Person AgeHel ht
-_. 8 _,�_____, Weight _ Race Sex
• Other
0 Not Served Date Time � ^r e- _
Not Served information
C3 Moved Unknown No Answer \f8cant
Other--------------
The Pro eNer,�belngg my morn,
..•��� L7 pENNS4►AI�
deposes and says that the facts sat forth - �'LtA Sworn to and subscribed before me this
herein are true and correct to the bast of their Natateat mai
knowledge,Information and belief. `john i= shinkoynkY,
iv Notary €
�i c'ver Paxton Twp., County
day of y,r
Atoy C :mis
Process Serverennsvhyn d,s SePL 2#,2014
r� j`� atfan or
rtotartes '
----"__`:-"_'-----...• Nota ubllo
w Law Firm Phone (610)32 1326 87
..
Fo
Martha E.Von Rosenetiel,Esquire
9urve>,13Y Date 612412014 _,...w . _a.,,.:.._... . ... .
Martha E.Von Rosensilel, P.C.
1349 South Avenue Filed Date
Suite 7
Secane,PA 1901a
166VC
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY tt ((j�(''
.,t
THE PPOTHO CARY
2014 AUG 26 AM 10: 08
CUMBERLAND COUNTY
PENNSYLVANIA
of ciranb-0.1,y0
OFFICE OF THE SHERIFh
Suntrust Mortgage, Inc.
vs.
Larry Maccurry
Case Number
2014-4539
SHERIFF'S RETURN OF SERVICE
08/25/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Larry Maccurry, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Ejectment as "Not Found" at 915
Old Silver Spring Road, Mechanicsburg Borough, Mechanicsburg, PA 17055. Residence is vacant and
per the Mechanicsburg Postmaster the defendant now lives at 329 Sea Lane Way, Kure Beach, NC
28449.
SHERIFF COST: $39.30 SO ANSWERS,
August 25, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.