The URL can be used to link to this page

Home My WebLink About02-1107 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) %1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 HIGH STREET DES MOINES, IA 50392-0780 TERM Plaintiff NO. O~ -1107 Cio~(-r-~ v. CUMBERLAND COUNTY LARRY E. STRAUB NKJA LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOLA, P A 17025 Defendant( s) CIVIl, ACTION - I ,A W COMPI ,A TNT IN MORTGAGR FORRCI ,OSIlRR NOTTCR **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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the clairns 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 clairned in the Complaint or for any other clairn or relief requested by the Plaintiff. You may lose rnoney or property or other rights irnportant to you. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LillERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001550198-4 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS.AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC 711 HIGH STREET DES MOINES, IA 50392-0780 2. The name(s) and last known address(es) of the Defendant(s) are: LARRY E. STRAUB NKJA LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 5/24/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1711, Page 1076. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The rnortgage is in default because rnonthly payments of principal and interest upon said mortgage due 11/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one rnonth, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 10/1/01 through 3/1/02 (Per Diern $11.70) Attorney's Fees Curnulative Late Charges 5/24/0 I to 3/1/02 Cost of Suit and Title Search Subtotal $65,673.67 1,778.40 1,250.00 325.92 5..S..QJlQ $69,577.99 Escrow Credit Deficit Subtotal 0.00 13.4..i9. S; 114 <;9 TOTAL $69,712.58 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $69,712.58, together with interest from 3/1/02 at the rate of$I1.70 per diem to the date of Judgment, and other costs and charges collectible under the rnortgage and for the foreclosure and sale of the mortgaged property. Fp~ ~ IfI~L~, LLP By: ~ ~ / JJ(L-- FRANKFEDERMAN,ESQUffiE LAWRENCE T. PHELAN, ESQUffiE FRANCIS S. HALLINAN, ESQUffiE Attorneys for Plaintiff ALL THAT CERTAIN tract of land situate in East Penns~oro Townsnip, cumberland County, pennsylvania more particularly descriDed on Exhibit PAil attached hereto. ~EING the same pr.mis8s which Hark B. Eslinger and Debbie A. Eslinger, husband and wife, (who are now divorced) by deed dated November 21, 1997 and recorded in the cu=berland County Recorder's Office in Record Book 169, page 192, granted and conveyed unto Mark B. Eslinger, the Grantor herei~. UNDER AND SUBJECT to Acts of Assembly, county and township ordinances, rights of public utility and public service companies, existing restrictions and easements, visible or of record, to the extent that any persons or entities have acquired legal rights thereto PREMISES ON: 954 BRICK CHURCH ROAD VERIFICATION SUSAN RUSTHOVEN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. rnortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -;d2----'/ DATE: ,3>/1 /02 , ~~ ....... -~ ]V C;:; ~ ~ ~ "9- ~ ~ ~ C"\ ~, & 8 a I f ~C/) r-" ~ t '--C, o C :2" -Ore mfr-! ~~ (r;~, -<c""--, ~- ~() ---0 )>c :z =< C> f''') :x -'.7!It ~:J I cr; -0 :x ~ N U1 o '1 8 -n m .-Jl,~f ~::(~) .w'. -r I ,J"'-'n s;:(~ '::5rn :,,~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-01107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS STRAUB LARRY E A/K/A LARRY E HAROLD WEARY , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAUB LARRY E A/K/A LARRY E STRAUB JR the DEFENDANT , at 2026:00 HOURS, on the 6th day of March , 2002 at 954 BRICK CHURCH ROAD ENOLA, PA 17025 by handing to LARRY STRAUB a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 r~~ R. Thomas Kline 03/07/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~kJ19 Deputy Sheriff . me this /3 ~ day of ~ d.(}();L A.D. ~Q.~ .-- P othonotary ,~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 mGH STREET DES MOINES, IA 50392-0780 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2002-01107-CIVIL LARRY E. STRAUB A/KJA LARRY E. STRAUB, JR. Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LARRY E. STRAUB A/K/A LARRY E. STRAUB. JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/02 to 4/9/02 TOTAL $69,712.58 $456.30 $70,168.88 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. "1' a^~o^ ArVIOJ.I\ FRANK F DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED" ~ DATE: +\L ct, ~~ a~A-i::.. j~~ PRO PROTHY - FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQumE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7.1 'i) 'i(i1-7000 Attorney for Plaintiff PRINCIPAL MORTGAGE, INC. RESIDENTIAL COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY LARRY E. STRAUB, A/K/A LARRY E. STRAUB, JR. NO. 2002-01107-CIVIL Defendant(s) TO: LARRY E. STRAUB, A/K/A LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOLA, PA 17025 COpy DATE OF NOTICE: MARCH 27. 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~AanL1-t~ Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR """'-- CASE NO: 2002-01107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS STRAUB LARRY E A/K/A LARRY E HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STRAUB LARRY E A/K/A LARRY E STRAUB JR the DEFENDANT , at 2026:00 HOURS, on the 6th day of March , 2002 at 954 BRICK CHURCH ROAD ENOLA, PA 17025 by handing to LARRY STRAUB a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 r~/~ R. Thomas Kline 03/07/2002 FEDERMAN & PHELAN Sworn and Subscribed to before By: 7~ Jc) Deputy Sher~ me this day of A.D. Prothonotary ciY fi "'-a. ...c , f- \l a 8 0 0 (). '" -01 f ........ s::: ,.". ........ ~ "'0 CD " J1 J...) ~ cprI' ;u "- ::r,) I pl "' W Zr;:; _.i=:' ~ ? r ~:"t~ \D 'cjq ~ ~C -0 - (~ f ~ lI" -~ ~o 3: ~~~~ .-.J 0 t~Jm ,.. 5>c ~ f --; :z: .,~... -J::- :< '.n ~ n PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. No.2002-01107-CIVIL LARRY E. STRAUB A/KJA LARRY E. STRAUB, JR. Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $70,168.88 Interest from 4/9/02 to 9/4/02 (per diem -$11.53) $1,706.44 and Costs TOTAL $71,875.32 f "~~~^N\/\OA^-. RANK FED RMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. Vl M 0 r- - < i:l.. ~ < ..;I r.,:$ ~ 0 ~ Z ..s = OZ ;;J Z [o;;l rJ1< C ~ 0 ~ <> < ..... ~ >o;l..;l C Eo-< Eo-< ..;1>< !:2 rJ1 ;;J ~ i:l..rJ1 ~ U -d ZZ 0 ~'E = 0 OZ ::; ~ U t: ::;t: >o;l = ~ 0 ~ r., ~ en ::; ~ Ou ;;J 0 O~ < = .D ..... ..;I Eo-< ~ Eo-< . U >. UZ ZU ~ ~ ~~ o:l r.,;;J >o;lZ ... ~ S 00 Q..... ~ ~ U ~ Eo-<U ..... ~ = ~ 0 rJ1 ~ =Q r::l = O~ = p.. ;;JZ ;;J r., :s -.r ~ 0< ..;I ~ t:e Vl 0\ ] U~ < Eo-< ..... ~ i:l.. U >o;l>o;l ..... rJ1 en == U >o;l en Eo-<::; Z ~ ~ -i::i ~ Z;;J ~ ~ 2 "0 .....U i:l.. i:l.. Li: < < ..;I ALL THAT CERTAIN tract of land with improvements thereon found situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: , BEGINNING at a point on the west side of Brick Church Road, said point being 110.15 feet north of the northwest comer of Fulton Street and Brick Church Road; thence along premises known as 952 Brick Church Road, and passing through the center of a partition wall, south 84 degrees 30 minutes west, 142.55 feet to a point on the east side of a 12 foot wide alley; thence along the same, north 5 degrees 30 minutes west, 18 feet to a point, which course was inadvertently omitted in prior deed; thence along said herein described premises, north 84 degrees 30 minutes east, 142.55 feet to a point on the west side of Brick Church Road; thence along same, south 5 degrees 30 minutes east, 18 feet to the point and place of beginning. BEING the northern one-half of Lot #30 on Plan No.2 of Hoopy's Addition to Enola, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 97, (new Plan Book 1, Page 31), and being known and municipally numbered as 954 Brick Church Road, Enola, P A 17025. TAX PARCEL #14-0834-122 Premises: 954 BRICK CHURCH ROAD, TOWNSHIP OF EAST PENNSBORO CUMBERLAND COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED I L~ E. Straub, ,I{ by Deed from Mark B. Eslinger, Single, dated 8/13/1999 and recorded 8/16 . m ecord oak Volume 205, Page 1041. -...,' ~ "- ~ ~ it:t ..... "- ~ 0 ~ :-0 !') 0 0 'J 1( c: l'V -1 7[ -iQ. . ~ 0 <v 0 ~. ". ;<q w '1 ;:gm -0 ~-::D :.- ~ () 0 '1 0 fT' :::0 '"i:~'ts ZI; "1 0 , :z: S~ I , I f I en ',. \.0 (.~::(~ - - (; (). ~6 J..) ~ ~ -0 -,'~ "T. W ..() ~O :Jl: ~;~ ,f5 ~ - .. ~ ~ ~ .. .... ~ 5>8 ~ ~~ " .. " ... ... :z: :!.::: " ( (Jl ::0 -.J ~ ~ -< --. .. ... .. .. "" ... - ... , PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS LARRY E. STRAUB A/KIA LARRY E. STRAUB, JR. CIVIL DIVISION NO.2002-01107-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .954 BRICK CHURCH ROAD. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY E. STRAUB AlKlA LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOL A, PA 17025 2. Name and address ofDefendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CDC D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 4910 CARLISLE PIKE, #104 MECHANICSBURG, P A 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 954 BRICK CHURCH ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Aori14.2002 DATE ~A J\fV\{DA A. RANK FE RMAN, ESQUiRE" Attorney for Plaintiff a c s: ""'(} co ~~ zc ~z r:: C! '< ~8 >c ~ o l'V J:>o -0 ::>:J I U) o -0 -n r.;::::. .,.rn .~~.: r''t c},(? c ..;c Z5 ~~~ --, 55 -< .." :x N :.n FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION LARRY E. STRAUB A/KlA LARRY E. STRAUB, JR. NO. 2002-01107-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ OA-N\/\OJA. RANK FE ERMAN, ESQUIRE Attorney for Plaintiff a c s:: -0 co ~!ii zc. G?€'..:_:,. r>6 ~ ~(O-, )>e ~ Cl t\,) x:a. ." ::>:J I \.0 " -,~ -'~ o -n :~J '--;\'7:" --J)"n j~ ~>";~ --r~ ~'71() i.jlTl ~~~ :0 -< N c:.n vlUl'CW"L llES1DE,.-rIAL "'OR~G"GE, 1!<C l'\a\nt\ff, CUMBERLAND COUNTY NO.2002.01101.Cl'lll- LARRY E. STRAUB AfYJA LARRY E. STRAUB, JR. v. Defendant(S). April 4, 2002 ~O, L"RllY E. S~AAllB MKI" U,RllY E. S~AA1JB, JR. 954 BRICK CIIURCIl ROAD ENOl-A, PA 17025 "THIS FIRM IS A DEBT COLLECTOR A rrEMPTING TO COLLECT A DEBT AND ANY INFDRMA TIDN OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE pREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NDTREAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A rrEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN A GAINSf PROPERTY" You, hou" (,,,I ""to) at 954 BRICK C11URC11 RO"D ENOL" V" 17025 ,,,,h"'ul'" to be ,old at the Sheriff' Sale on 214/02 at 10,00 a.m. in the Cumbedand County coarthou,e. Snuth 11",nv'" Street, Cadi,\e. P A \70 \3, to enfnrce the ",art judgment nf 170.168.88 nbtain'" by VRlNCIP"L Rl>SlDENTl"L "'OR~GAGE INC. (the mnrtgagee) agai"" ynn. In the event the ",,, i, ",ntinued, '" ","oun,,,,,ent wilt be made at ",id ,ale 'n compti""e with pa.R.C.V" Rule 3 \29 .3. NOTICE OF OWNER'S RlGIITS YOll MAY BE ABLE ~O PREvENT THIS SIlERIfF'S S"LE To prevent thi' Sheriff' Sale, you mu,t wke immediate adion' L The ",Ie wilt be ,,,,,e\led if yOU pay to the mortgagee the book paymen'" \ote ,ha<ge '0'" and ,_""''' arto<oe1' fe" due. To find out hoW mu,h you mu,t pay. youm call: GI5) 563-1000. 2. You may be able to ,top the ",Ie by filing a petition "king the Cnurt to ..nke n' · judgment, if the judgment w" improp",ly entered. You may alan "k the Co,," postpone the sale for good cause. 3. You may aI,o be able to ,top the ",\e through oth'" legal proceedin",. You maY need '" artomey to """, yum righ'" The "",n'" yoU ,ontact one you wilt have of ,towing the ,ale. (see notiO' on page twO on hoW to obtain an a' 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with improvements thereon found situate in East Pennsboro Township, Cumberland Couney, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Brick Church Road, said point being 110.15 feet north of the northwest corner of Fulton Street and Brick Church Road; thence along premises known as 952 Brick Church Road, and passing through the center of a panition wall, south 84 degrees 30 minutes west, 142.55 feet to a point on the east side of a 12 foot wide alley; thence along the same, north 5 degrees 30 minutes west, 18 feet to a point, which course was inadvertently omitted in prior deed; thence along said herein described premises, north 84 degrees 30 minutes east, 142.55 feet to a point on the west side of Brick Church Road; thence along same, south 5 degrees 30 minutes east, 18 feet to the point and place of beginning. BEING the northern one-half of Lot #30 on Plan No.2 of Hoopy's Addition to EnoIa, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 97, (new Plan Book 1, Page 31), and being known and municipally numbered as 954 Brick Church Road, Enola, PA 17025. T.\X PARCEL #14-0834-122 Premises: 954 BRICK CHURCH ROAD, TOWNSHIP OF EAST PE0iNSBORO CUMBERLAND COUNTY PENNSYL VANIA TITLE TO SAID PREMISES IS VESTED IM......L~ E. Straub, ~ by Deed from Mark B. Eslinger, Single, dated 8/13/1999 and recorded 8/16/1~~~ m Kecord13ook Volume 205, Page 1041. ......., a c: S': -0 tT7 nlrn 2:0 t55=: -<L r::o ~oo >c: ~ II; o f'.) > -0 :::0 I \.0 o -n ;g ~-"J j'T1 -'0 ~.~') .1) -::;J ~;f'l ~;~~i ~~ tSfT1 ~ -< -0 ::r. N .. :.n FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2002-01107-CIVIL LARRY E. STRAUB A/KlA LARRY E. STRAUB, JR. Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LARRY E. STRAUB AlKlA LARRY E. STRAUB, JR. is over 18 years of age and resides at, 954 BRICK CHURCH ROAD, ENOLA, P A 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1..<>vvl ~ N\....O'A I\. FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff a Cl () C N ~T, s: ':t'" -OOJ -0 ~fjj :;0 :.{.;tB zs.;.' I en .~. ,,Co '.'::=i ("j -'<L" !;2C .." ---.- .' .'" ~. -r-' ~a -..j" _"'100 ;~; ~~~ >g ~ ~ ~ r..n ?O "< (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 mGH STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2002-01107-CIVIL LARRY E. STRAUB A/KlA LARRY E. STRAUB, JR. Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on QptLlL q 200.2. ~ 4~~ P-7f~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTIl OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1107 Civil CIVIL ACTION - LAW TO TIlE SHERIFF OF CUMBERLAND COUNTY: To satisty the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From LARRY E. STRAUB AIKIA LARRY E. STRAUB, JR., 954 BRICK CHURCH ROAD, ENOLA, PA 17025 (1) You are directed to levy upon the property ofthe 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 notity 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) Ifproperty 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 notity himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,168.88 L.L. $.50 Interest FROM 4/9/02 TO 9/4/02 (PER DIEM - $11.53 ) $1,706.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.35 Other Costs Plaintiff Paid Date: APRIL 9, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 ~By: A~- 2. 7rz~r4:r- AFFIDAVIT OF SERVICE P-\ IV\ ~1>LAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY KMD No.2002-0Il07-CIVIL DEFENDANT(S) STRAUB, JR. LARRY E. STRAUB A/KlA LARRY E. ACCT. #001550198-4 SERVE LARRY E. STRAUB A/KJA LARRY E. STRAUB, JR. AT 954 BRICK CHURCH ROAD ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: 9/4/02 SERVED Served and made known to L~'('.v<.1 G::. S-\'t't~.:.\o , Defendant, on the /5"rJ.. day of h'('(C; \ ,200.2- at 7:.1/8 ,o'clock-fm.,at 15"'Jf ef(iC:\< e\.cd~\...~~., t:="Na\a ,Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. . Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: . " _ Jj,,, . Height ~ Weight.l.:J..Q Race ~ Sex...H- Other Description: Sworn to and sub~c~ed be~me this ~ day of 1\,1 \ , 200.50- Notary~~~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - LD. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. ) CIVIL ACTION ) vs. LARRY E. STRAUB NK/A LARRY E. STRAUB, JR. ) ) CIVIL DIVISION NO. 2002-01107-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 4/9/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 4/9/02 certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Julv 15. 2002 F~AF~E~QUIRE Attorney for Plaintiff o ... o = ~~ -Q E '5 ~ Cl..Sr.IJ,g .....:l '':;: ... r.I) .....:l S ~ .;: Zr.IJ,S:: ~::c -<:",.2"<1" ..J.;O;::lo;; ...., l.... 0 5:~~-:" Q... =' >.8 Q~1l 7"'S::;:: ..... .... s:: -<:ElU-<: zs::~Cl.. .... lU . "" ...... U r.I.. ,_ ~2.E"5. '" lU 0 OJ .....0........--0 ~~!:::~ :..:..o;::f "" l- e '" ... ~ '" "" ~ ~ c s""~ ~""'- z-<:o 1:j I;.::J I .!: ~ .. . ~ ~' Z :::l o u o z ~ '-'-1 CO ::E :::l u ~ o {/) z o t: 'i r-' ~ :5 Vi gj u 1= {/) '-'-1 ~ o ,..., ~ E " " " < ~ is o o .. " = . ,; ~ " " < ~ o . E . z ... CIl ..0 E :s Z ~ <..l :;:; ... <( M o r-- <C Q., '-'-1' -l {/) ::l ~ o Gi' gj f- {/) ~ '-'-1 > o z ~ ::c: f- ~ o Z M I - -+ or, o - r-- - ~ g :::l CO {/) ~ <C ::c: or," r-- \0 N :>< o CO o Q., ~ ~ '-'-1 ~ ~ o ~ '-'-1 ~ f- ~ ~ '-'-1 o .{ Z <C > -l >- {/) ~ '-'-1 Q., c.z.. o ::c: f- -l <C '-'-1 ~ 5 ~ ~ o u .{ or, Q., 8! ~ r-- 0 <C >- Q., Z .{~ c5 8 ~ u , '-'-1 o (;) ~ <C ~ ~ ::c: ~ u 0 ~ ~ :::l -l ::c: <C U - ::<: S:2 u c.z.. ~ ~or, CO '-'-1 or, ~ coR 0-, <C- r: 2: <C Z ~ "'" <c06 Q., u ~ :::l 8:::l t5 -l 53 o -< U f::; oz z - <C -< tt::c: z z U '-'-1 '-'-1 '-'-1 f- o:l ~ N M I T I I I I I 1 T I Il'r: \QlOl.~O~9 '-'.....) i~ i, ~"'~ "... \::: 9 Z' ,~ ~ '~i : <(.. ~ \1 " ..J._lO.6-Hd'i,:r lAI9YlSDd1:!!.1'- ;;;"~~0'7 .{', ,. -.:: ' ,~?.~'-- 30 ,~ ..., ~ ..;.~ -t - -.j:' o - 'It '-'-1' ::<: ~ Q., ~ {/) ::l ~ o o 0-, -.j: or, N o r-- - <C Q., j' ~ o <C o ~ ::c: ~ :::l ::c: U ::<: u ~ o:l -.j: or, 0-, ~ ...., ci :::l ;2 f- {/) .,j >- ~ <C -l <C ~ -< CO :::l ;2 f- {/) .,j >- ~ ~ -< -l -.j: o - - N - or, \0 I r-- 00 0\ M - , -.j: - >0 ~ L ~.~ ~ ~ t'~ ~ ell C. ~.- ;~ ~ ~ 'c 8 =: '" ~ o'~ ~ "'0 V'l'~ = .E tA "2 0 ;:::.!l ; 0 ~~"E~ 'K ~! ~ ~ 1/)'- C ~ .~ :i ~ ""g ~~u,...'A 19 ~~~2~"" T i g "'g 4l~ ~ q., . v il ~ .;. ~' ~H~;;~ A/.' ~' _..,,~v;- ~ 2=:;:~ .....' .;;e-I 2 ~ 'Jj ...: c,"-- l) n e ~ is' ~n~~ .!j::;~" ...... .5 11)'- ~ - ] [~.~ .~ ~.5 ~ 1;; ~ ; .... ~ -s r: ~ .gE~8~ _~!-~OI;I c;~~~f! cci!!tA!t .g=~.!aO .~ ~ 8:E ~ 6-~ ~ ~ ~ ;.!! 8. a..g '-"0 ~l! M if~'s 's <<l S . c:.= ..::g~.g.E 0,- _'- .2 ~ ~ g ~ e ,S! ,-:= = IZl ..! ~ ,5'~ ~ 1"l.5- $9"' ~ Vl "' c,.., =SBj:!O: cij"Cl-:V1 j:!::;:s88 I-';~~~ .' ~ ~' f- {/) .,j ~ j ~ CO :::l ;2 t; .,j >- ~ -< -l 00 c 'S '~ "' o ~ c ~ v .. .:~ ~~ 20 =- . ~ o c ..'" ~ ~ ,~ E "0 ~- o . -~ ~- c. =" Z ~ c;'u "0 ~ f-", or, - j 'E~ h c. i~ " u ~~ = 7LbO 390L 9844 8030 4838 TO: LARRY E. STRAUB NKJA LARRY E. STRAUB, JR., 954 BRICK CHURCH ROAD, ENOLA, P A 17025 SENDER: kmd REFERENCE: sales PS Form 3800 June 2000 AETUAN Postage AECEIPT Certified Fee SEAVICE Aetum Aeceipt Fee Aestrte/ad Delivery TOlaJ Postage & Fees US Posta' Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .-----.-----------------------.----._.h___h.. -..-h_---._.----...._._____..____.______.h___.___ o N c.- S; o c: -".- ~;;~- -0\.,'; n\fi~- -7'-'- -'- .J. zt,- ~';, ~~'S.: 5c:. 7.: :2. ,.0 () ."f1 ---, \!'~\ 7:'1 .'_ \ ',"I' "C:; ~;<ci, -:-:-n ~A5~~~ ::.;~~ ~ -0 > :..) ," (.f\ o ~ :;>;. -ot'I1 ~"~ ~~I ~'~~: ----. r:-; l..' ::,":; J> -- a P0 :r:: ?~,"'1 ..._,,'" -, I co -TJ c.) Principal Residential Mortgage, Inc. VS Larry E. Straub aIkIa Larry E. Straub, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1107 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Postpone Sale Certified Mail 30.00 20.00 .50 1.00 20.70 15.00 15.00 15.00 25.20 14.25 307.25 241.75 20.00 1.31 J 726.96 paid by attorney 09/30/02 Sworn and subscribed to before me This ol~ day of (D,r,JL. . 2002,A.D. ~A.. 0. 7'h,t~.,,# Prothonotary S~PJ~ ~ r ~''''---<:'1~ R. Thomas Kline, Sheriff 1 ByJ~j~ Real Estate Deputy I ~1.> th.. 3 f3 LL.. & POI" I PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS LARRY E. STRAUB AlKJA LARRY E. STRAUB, JR. CIVIL DIVISION NO. 2002-0 11 07-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,954 BRICK CHURCH ROAD, ENOLA. PA 17025. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY E. STRAUB A/K/A LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None ea i ~ ( ..... ) CVi1 C\iIliJ c:::::I G!> liW 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CDC D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 4910 CARLISLE PIKE, #104 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 954 BRICK CHURCH ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 4. 2002 DATE ~~ . VMJ......; JLQ A. Ai'-I\ n2II A. lRANK FE RMAN, ESQUIRE..... Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY v. No.2002-01107-CIVIL LARRY E. STRAUB A/KiA LARRY E. STRAUB, JR. Defendant(s). April 4, 2002 TO: LARRY E. STRAUB AlKlA LARRY E. STRAUB, JR. 954 BRICK CHURCH ROAD ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 954 BRICK CHURCH ROAD, ENOLA, PA 17025. is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $70,168.88 obtained by PRINCIPAL RESIDENTIAL 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attomey's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 Sheri ff within ten (10) days after the distribution is filed. 7. Y Oll 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 ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A):..L THAT CERTAIN tract of land with improvements thereon found situate in East Pennsboro Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the west side of Brick Church Road, said point being 110.15 feet north of the northwest corner of Fulton Street and Brick Church Road; thence along premises known as 952 Brick Church Road, and passing through the center of a partition wall, south 84 degrees 30 minutes west. 142.55 feet to a point on the east side of a 12 foot wide alley; thence along the same, north 5 degrees 30 minutes west, 18 feet to a point, which course was inadvertently omitted in prior deed; thence along said herein described premises, north 84 degrees 30 minutes east, 142.55 feet to a point on the west side of Brick Church Road; thence along same, south 5 degrees 30 minutes east, 18 feet to the point and place of beginning. BEING the northern one-half of Lot #30 on Plan No.2 of Hoopy's Addition to EnoIa, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 97, (new Plan Book 1, Page 31), and being known and municipally numbered as 954 Brick Church Road, Enola, PA 17025. ,.\~( PARCEL #14-0834-122 Premises: 954 BRICK CHURCH ROAD, TOWNSHIP OF EAST PEj\iNSBORO CUMBERLA)[D COUNTY PENNSYLVANIA TITLE TO SAID PREMISES IS VESTED I L~ E. Straub..(( by Deed from Mark B. Eslinger, Single, dated 8/13/1999 and recorded 8/16 III ecord ook Volume 205, Page 1041. ....-., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. NO 02-1107 Civil CIVIL ACTION - LAW Plaintiff (s) From LARRY E. STRAUB A/KJA LARRY E. STRAUB, JR., 954 BRICK CHURCH ROAD, ENOLA, P A 17025 (I) You are directed to levy upon the property of the defendant (.)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 ofthe defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,168.88 L.L. $.50 Interest FROM 4/9/02 TO 9/4/02 (PER DIEM - $11.53) $1,706.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.35 Plaintiff Paid Date: APRIL 9, 2002 Other Costs CURTIS R. LONG Prothonotary, Civil Division ~: a~o.p 7t;/I/J~.r;0~ REQUESTING PARTY: Narne FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEV AlID, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 18 On May 10, 2002 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 954 Brick Church Road, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 10, 2002 By: ~t QwLCL-Q ~t\.o.t.vbaV " -:~, d ,(, (" ;.." c ~\ lld1 ^)~" c HIIl"',1 ".-) :;'\0 ,;.,,\-- ~ t::u;l t::u;l c:;:::::I GV (iiSi3 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 Frank J. Epler being duly Sworn according to law, deposes and says: That he Is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and PUblisher of The Patriot-News and...:Illi! Sundav 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 23rd and 30th day(s} of July and the 6th day(s} of August 2002. That neither he 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 he 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 s ALE #18 (/'Z;;~..k....................................................... . this 14th day f Au 002 A.D. Notarial Seal Terry L. Russell. Notary Public City Of Harrisburg, Dauphin County My Commission EXpires June 6, 2006 Member. Pennsylvania Association Of Notaries REAL ESTATE SALE No. I. Wrl1 No. 2002.1107 Civil Term Prlnclpallleeldenllal MOrtgege, Inc. ve Larry E. S1reUb 8/kJe Larry E. S1reub, Jr. Ally: Frank F_rman DESCRIPTION ~ ALL THAT CERTAIN Iracl of land wiili improvementS thereon found situated in East Pennshoro Thwnship, Cumberland Couoly, Pennsylvania, being more particularly bounded and described as follows, to wit BEGINNING at a point on the west side of.Brick Church Road, said poiO! being 110,15 leet oorfu of the northweSI comer of Fu1!On Street and -Brick Church Road; thence. along premises known as 952 Brick Churcb Road, ,and passing through the center of a partition wall, south 84 ,degrees 30 minutes west, 142.55 feet to a point on the east side of a 12 foot wide alley; thence along the .ame,oorthldeglm30minule.w,,\ ISIee... Publisher's Receipt tor Advertising Cost a point, which course was inadvertently omitted in prior deed; theoce along .aid herein described J., publiSher of The Patriot-News and The Sundav Patriot-News, newspapers of general preonl42 5'5se~ oorfu 84 ~ 30 nU<ieOUle,' Be&k\ Ige receipt of the aforesaid notice and PUblication costs and certifies that the same have . leettoapomton'UH;:WelItsl 0 nc Churcb Road; thence along same, south 5 degrees 30 minutes east, 18 feet to the point and place of beginning. BIllNG the IlOltbem one-!ulIf of Lo. #30 on Plan No.2 ofHoopy's Addition tOEnola, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania; in Plan Book I, Page 97, (oew Plan Book I, l\ige 31). uod being known and municipally numbered 954 Brick Church Road. Enol~ PA 17025, TAX PAACBL #14-0834' 122. PREMISES: 954 Brick Church Road, Thwnship of East Pennsboro, Cumberland Counly, Pennsylvania. TI'ILB TO SAID PREMISES IS vested in Lany R Straub by Deed from Marie: B.EsJinger, single, eluted 8/1311999 uod recorded 8/16It999 io Record ,Book Volume 205. Pa~ 1041. NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or PUblication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 240.00 1.75 241.75 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, 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: JULY 26, AUGUST 2, 9, 2002 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. REAL ESTATE SALE NO. 18 ~~ R ger M. Morgenthal, EdItor ~ Writ No. 2002-1107 Civil Principal Residential Mortgage. Inc. VS. Larry E. Straub. a{k{a Larry E. Straub. Jr. Atty.: Frank Federman ALL THAT CERTAIN tract of land with improvements thereon found situate in East Pennsboro Town- ship. cumberland County, Pennsy1- vania, being more particularly bOWlded and described as follows. to wit: BEGINNING at a point on the west side of Brick Church Road. said point being 110.15 feet north of the northwest corner of Fulton Street and Brick Church Road: thence along premises known as 952 Brick Church Road. and pass- . ... ____'- -'-'-_ _~~-I-.... ....f'" T"lortitinn SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 NOTARIAL SEN. LOIS E. SNYDER..::J NJIC CarI8Ie BolO. CIo. ColIIlY ~ My eu,....II1M Elqli8I M8Idt 5. 200li r~- lng tnmUgn'me-cerner ora pa..t uuvu wall, south 84 degrees 30 minutes west, 142.55 feet to a point on the east side of a 12 foot wide alley; thence along the same, north 5 de~ grees 30 minutes west, 18 feet to a point. which course was inadvert- ently omitted in prior deed: thence along said herein described prem- ises, north 84 degrees 30 minutes east, 142.55 feet to a point on the west side of Brick Church Road; thence along same, south 5 degrees 30 minutes east, 18 feet to the point and place of beginning. BEING the northern one-half of Lot #30 on Plan No.2 of Hoapy's Ad- dition to Enola, as recorded in the Office of the Reccrder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 1. Page 97. (new Plan Book 1. Page 311. and being mown and municipally mun- bered as 954 Brick Church Road, Enola. PA 17025. TAX PARCEL #14-0834-122. Premises: 954 BRICK CHURCH ROAD. TOWNSHIP OF EAST PENNS- BORO. CUMBERLAND COUNTY. PENNSYLVANIA. TITLE TO SAID PREMISES IS VESTED IN !.any E. Straub. by Deed from Mark B. Eslinger. Single. dated 8/13/1999 and recorded 8/16/ 1999 in Record Book Volume 205, Page 1041. - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 Principal Residential Mortgage, Inc. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION PHS#:57154 v. Larry E. Straub No. 02-1107 Civil Cumberland County PRAECIPE TO VACATE JUDGMENT AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment and mark this case discontinued and ended relative to the instant matter. February 9, 2007 1 a ~ \ CIl . 0 '" !:t (f ~ w ~ ~ ~ p: ~ C> J g i ~ ~ 1'\ :;I! ~. w, f1"! ......... :J:) d' Z c' - (A... "'.l'.:...... "'. B% ....... ~c'; -0 3i. ~~~. :s :~ =- (,,:. _ .:=:;.t ~~ ~ ~ -.... 0