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HomeMy WebLinkAbout07-2875PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 151701 AURORA LOAN SERVICES, LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff V. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 151701 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 151701 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 File #: 151701 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 AFTER 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 151701 Plaintiff is AURORA LOAN SERVICES, LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/06/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR UNIVERSAL SAVINGS BANK, FA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1937, Page: 1283. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 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 #: 151701 6. The following amounts are due on the mortgage: Principal Balance $103,097.64 Interest $3,780.48 11/0 1/2006 through 05/11/2007 (Per Diem $19.69) Attorney's Fees $1,250.00 Cumulative Late Charges $102.39 01/06/2006 to 05/11/2007 Cost of Suit and Title Search 750.00 Subtotal $108,980.51 Escrow Credit ($201.11) Deficit $0.00 Subtotal $201.11 TOTAL $108,779.40 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am 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 #: 151701 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 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $108,779.40, together with interest from 05/11/2007 at the rate of $19.69 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 & 711MIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 151701 LEGAL DESCRIPTION ALL that certain piece or parcel of land, with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504)(33 feet wide), at a corner of lands of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in Northerly direction the distance of 15 feet from its point of intersection with the North line of Lot #1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction the distance of 82 feet from its point of intersection with the North line of an unnamed 33 feet wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East, along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. File #: 151701 BEING known and designated as house # 1828 Sterretts Gap Road. BEING THE SAME PREMISES which LANCE N. DIEHL and MISTE M. DIEHL, HUSBAND AND WIFE by Deed dated 1/6/06 and intended for immediate recording in the Office of the Recorder of Deeds in and for CUMBERLAND, Pennsylvania, granted and conveyed unto LOWELL D. NEWCOMER and RENEE E. NEWCOMER, HUSBAND AND WIFE, Mortgagor(s) herein. PARCEL NO: 29-17-1585-010. PROPERTY BEING: 1828 STERRETTS GAP AVENUE File #: 151701 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 on the pleading, that he is 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 his 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. l lee?-? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ll O ?\ a W 1 n N -.a ? <n 71 --i n ?G \J SHERIFF'S RETURN - REGULAR CASE NO: 2007-02875 P eOMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS NEWCOMER LOWELL D I ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEWCOMER LOWELL D I AKA I LOWELL NEWCOMER the DEFENDANT at 1945:00 HOURS, on the 15th day of May , 2007 at 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 RENEE NEWCOMER, WIFE by handing to 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 0 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/16/2007 PHELAN HALLINAN SCHMIEG By. <f-? 'je r u y SITe-r A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02875 P .' C=OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS NEWCOMER LOWELL D I ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon N7WM1\47R RRNRR E AKA RENEE E ROHRER the DEFENDANT , at 1945:00 HOURS, on the 15th day of May 2007 at 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 t/ 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 05/16/2007 PHELAN HALLINAN SCHMIEG By: day r,e uty Sheriff A. D. A- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2875 CIVIL TERM LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER and RENEE E. NEWCOMER A/K/A RENEE E. ROHRER, 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 5/12/07 to 6/26/07 TOTAL $108,779.40 $905.74 $109,685.14 I hereby certify that (1) 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. I A.-'o ^ .4 _.I DATE: 1101/aplo7 '-,, 4 2.,., R PROTHY 151701 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2875 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Jj,t) i? 200 . By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE O Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. 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. / /s/ fi0o:L-.2 kI.;4 U4=9:_ %:7 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 AURORA LOAN SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. LOWELL D. NEWCOMER I CUMBERLAND COUNTY A/K/A I. LOWELL NEWCOMER :NO. 07-2875-CIVIL TERM RENEE E. NEWCOMER A/K/A RENEE E. ROHRER Defendants TO: LOWELL D. NEWCOMER I A/K/A 1. LOWELL NEWCOMER 1828 STERRE'I'I'S (SAP AVENUE CARLISLE, PA 17013 FILE DATE OF NOTICE: JUNE 5.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 NCIS S. LLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 AURORA LOAN SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER : NO. 07-2875-CIVIL TERM RENEE E. NEWCOMER A/K/A RENEE E. ROHRER Defendants TO: RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUEa CARLISLE, PA 17013 y x DATE OF NOTICE: JUNE 5, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2875 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the 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 LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER is over 18 years of age and resides at, 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013. (c) that defendant RENEE E. NEWCOMER A/K/A RENEE E. ROHRER is over 18 years of age, and resides at, 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -ca t--.* ?'- co C2, CD WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2875 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC Plaintiff (s) From LOWELL D. NEWCOMER I a/k/a I. LOWELL NEWCOMER & RENEE E. NEWCOMER a/k/a RENEE E. ROHRER (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 gamishee(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 $109,685.14 L.L. $.50 Interest from 6/27/07 to 12/05/07 (per diem - $18.03) -- $2,920.86 and Costs Atty's Comm % Atty Paid $167.80 Plaintiff Paid Date: 07-05-07 (Seal) Due Prothy $2.00 Other Costs $1,886.50 S 145 '0 C is R. Long, Prothono ry By: ?. &Qju Depu REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AURORA LOAN SERVICES, LLC Plaintiff, V. No. 07-2875 CIVIL TERM LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER r m A/K/A RENEE E. ROHRER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/27/07 to DECEMBER 5, 2007 (per diem -$18.03) Add' l cost TOTAL $109,685.14 $2,920.86 and Costs $1,886.50 $114,492.50 DANIEL G. SCHMIEG, ESQUIRE (\ One Penn Center at Suburban Station v 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 151701 0 w a 00 0 ?, U a a? od o H? fi w a? U aw ?w o? a ?d o? A az a O U w? w °. od y o W W 1^ 00 Owl v M 0 r ? M rM„r, ° r d 'd W? a? ?v ?z P{ ? E{ N d w 90, LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504)(33 feet wide), at a corner of lands now or formerly of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in a northerly direction, the distance of 15.00 feet from its point of intersection with the north line of Lot No. 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction, the distance of 82.00 feet from its point of intersection with the north line of an unnamed 33 foot wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Gap Road, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Lowell D. Newcomer, I and Renee E. Newcomer, husband and wife, by Deed from Lance N. Diehl and Miste M. Diehl, husband and wife, dated 01/06/2006, recorded 01/12/2006, in Deed Book 272, page 3697. PARCEL IDENTIFICATION NO: 29-17-1585-010 AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I CUMBERLAND COUNTY COURT OF COMMON PLEAS A/K/A I. LOWELL NEWCOMER CIVIL DIVISION RENEE E. NEWCOMER A/K/A RENEE E. ROHRER NO. 07-2875 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 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 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) MERS AS A NOMINEE FOR UNIVERSAL SAVINGS BANK, F.A., A FEDERAL SAVINGS BANK MERS AS A NOMINEE FOR UNIVERSAL SAVINGS BANK, F.A., A FEDERAL SAVINGS BANK PO BOX 2026 FLINT, MI 48501-2026 745 NORTH 4TH STREET MILWAUKEE, WI 53203 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 W DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROE RER Defendant(s). TO: LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 07-2875 CIVIL TERM June 26, 2007 RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $109,685.14 obtained by AURORA LOAN SERVICES, LLC (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 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 attorney'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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504)(33 feet wide), at a corner of lands now or formerly of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in a northerly direction, the distance of 15.00 feet from its point of intersection with the north line of Lot No. 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction, the distance of 82.00 feet from its point of intersection with the north line of an unnamed 33 foot wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Gap Road, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Lowell D. Newcomer, I and Renee E. Newcomer, husband and wife, by Deed from Lance N. Diehl and Miste M. Diehl, husband and wife, dated 01/06/2006, recorded 01/12/2006, in Deed Book 272, page 3697. PARCEL IDENTIFICATION NO: 29-17-1585-010 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AURORA LOAN SERVICES, LLC COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY LOWELL D. NEWCOMER I A/K/A LOWELL NEWCOMER NO. 07-2875 RENEE E. NEWCOMER A/K/A RENEE E. ROHRER PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan and Schmieg, LLP ???. e. , By: ? /Ylt UW A. Francis S. Hallinan, Esquire Lawrence T. Phelan , Daniel G. Schmieg Dated: File k; 151701 Ca:` ? °rr c? _ ;?,? -`a ;?a ?h.? = ? € ?'s -^'C 4,c-1 07/09/2007 10:06 PLAINTIFF DF-FENDANT(S) 6097478250 AURORA. LOAN SERVICES, LLC FAMILIAR SERVICES LOWELL D. NEWCOM R I A /W k I. LOWELL NEWCOM R RENEE E. NEWCOMER A/K/A RENEE E. ROARER SERVE LOWED, D. NEWCOMER I A/K/A L LOWELL NEWCOMER 1528 STERRETTS GAP AVENUE CARLISLEr FA 17013 No. 07-2875 CIVIL TERM ACCT. #151701 Type of Action - Notice of Slrerifrs Sale PAGE 05/14 Sale Date: DECEMBER 5, 2007 SERVED Served and made known to ?? W 2 (I R e w cgw4 ' Defendant, on the q4""7 day of 2001, at & 31 . o'clock ?m., at _ (FX 9 St-e-fYet-(5 Gap Aw ' Oa z- ( I S 1,f . CO onweam of Pennsylvania, in the maruaer dw.iibcd below: V Defend;mt personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendaat(s)'s residence who refused to give name or relatiousbip. Manager/Clerk of place of lodging 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, Description: Age _ -TvS Height y?L11 r Weight ;36 Race w Sex M Other 1, PjQlvkD M.6 U_ _, a competent aduh, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the NZ ce of SheriWs 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 subw f1pre b of It-1 ete this d$y 2,00 - "O'wy: My COMMISSION! By. PLEASE AT ICE LEAST 3 TIMES. INDICATE DATES & TIMES Off' SERVICE ATTUPT1ED, NOT SERVED On the day of 20Q_, at o'clock -.m,, Defendant NOT FOUND because: Moved ., Unimewn _ No Answer Vacant I*t Attempt: / t Time: 2d Attempt: Time: 3rd Attempt: / / _Time: Sworn to and subscribed befo= me this , _ day of 200 _ Notary: By: A1Lorney for JlaijlWff Daniel G. Schmieg, Esquire - I.D. No. 62205 6 40-L- n" CII) - r`J) , „?" " ? Cwt 6r 1 _ 1 "f ro ...?, 07/09/2007 10:06 6097478250 FAMILIAR SERVICES PAGE 07/14 PLAJ(NTiF ' AIMAVIT OF SERVICE CUMBERLAND COUNTY DEFENDANT(S) AURORA LOAN SERVICES, LLC La WELL D. NEWCOMER I A/KIA L LOWELL NEWCOMER RENEE E. NEWCOMER A/19A RENEE E. ROHRER SERVE RENEE E. NEWCOMER AMA, RENEE E. ROOMER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 No. 07-2875 MIM TERM ACCT. #151709 Type of Action - Notice of SherlWs Sale Seale Date: DECEMBER 5, 2007 SFAVED Served and made known to e U'F ?' - N-Mco t ernefendant, ou the day of 1111 , 2007, at : 3-7 o'clock ?.r,.i., at ( Ex? S' evlrk t'tS Gap 4V-9 j G z y' k 51-e , Commonwealth of laennsylvania, in the mangier described below: Defendant personally served. ` Adult family member wit's whom Defendant(s) reside(s). Name and Relationship is 'S U Adult in charge of Defcndant(s)'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)'s office or usual place of business. _ an officer of said Defendant(s)'s company. __Other. _- Description: Age 5 Refight „L_b Weight 2L,0 Race _W Sex /? `" 1 Qtb?er I, ! ?? O a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correa:t copy of 0eaotice er' s Sale in the manner as set fordt herein, issued in the captioned case on the date and at the ad&*,in Bated above. Sworn to .and su cri be V _ -I r?4tatyuyI Comml Si4 N IRES PLEASE ?RVICE AT LEAST 3 TEWES. INDICATE DATES 4 TI1tMS OF SEXVICt ATTEMPTED. NOT SERVED On the day of 200,_, at o'clock _.m., Defendant NOT FOU" because: -Moved Unknown No Answer Vacant ft Attempt: 2"d Attempt: Time: 3rd ,A,ttempt: ! / -Time- Sworn to and subscribed before me this day of 200-, Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I-D. No. 62205 . , ..?., , " °- ? r+ i ; ; ? ? ??r,,: _ _^ z-; f ? . L.._ --??1 ? °"? c? SALE DATE: DECEMBER 5.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AURORA LOAN SERVICES, LLC VS. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER No.: 07-2875 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1828 STERRETTS GAP AVENUE. CARLISLE, PA 17013. As fequired by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. October 24, 2007 DANIEL SCHMIEG, ES Attorney for Plaintiff, U 0- m To v N w A O. r. ? 0o- M N ? O x b b n o ? g? 9 r 4 N per r A d N3 H?+O 4 o n A UR?? r Oti ?. ? o' r ? x for. ?' A K 00 ? O (7 Q 9 ? ? rd r ?r ?? °'rn ?7d 7° v, ? n a °'?•? ig. v? V' o to r ri N ? G n u r" Iz: b d fn ?? ? ?'? G G ?d b p > M > d S> ° a e-I o > En 9 W 700 ? ? ? gyp, ? 9 9 9 rn a bO w 00 a to 0 0 O N ? O ? "d O •,,° f a2. op 1ti 1 FROMZIPGO?E Od?A 1 N{A11f? 1 ? r-? r r `f y PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Aurora Loan Services, LLC Plaintiff vs. Lowell D. Newcomer I. A/k/a I. Lowell Newcomer Renee E. Newcomer, a/k/a Renee E. Rohrer Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 07-2875 C.T. Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 1 Francis S. Hallinan, quire Attorney for Plaintiff PHS# 151701 w Q Q? 6I- ?t nn? -? z- ? ca F- '. n v F w fi Aurora Loan Services, LLC In the Court of Common Pleas of VS. Cumberland County, Pennsylvania Lowell D. Newcomer I a/k/a I. Lowell Writ No. 2007-2875 Civil Term Newcomer and Renee E. Newcomer a/k/a Renee E. Rohrer David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2007 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Lowell D. Newcomer I a/k/a I. Lowell Newcomer and Renee E. Newcomer a/k/a Renee E. Rohrer by making known unto Renee Newcomer, personally and wife of Lowell D. Newcomer, at 1828 Sterretts Gap Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1519 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 Lowell D. Newcomer I a/k/a I. Lowell Newcomer and Renee E. Newcomer a/k/a Renee E. Rohrer located at 1828 Sterretts Gap Ave., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Lowell D. Newcomer I a/k/a 1. Lowell Newcomer and Renee E. Newcomer a/k/a Renee E. Rohrer by regular mail to their last known address of 1828 Sterretts Gap Ave., Carlisle, PA 17013. These letters were mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 18.49 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Law Journal 425.00 Patriot News 367.25 Share of Bills 14.92 $ 942.76 ? So Answe R. Thomas Kline, Sheriff BY Real Estate rgeant a S? C:{` (' i L(S3 -La2 i°r i .1 AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I CUMBERLAND COUNTY COURT OF COMMON PLEAS A/K/A I. LOWELL NEWCOMER CIVIL DIVISION RENEE E. NEWCOMER A/K/A RENEE E. ROHRER NO. 07-2875 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 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 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) MERS AS A NOMINEE FOR UNIVERSAL SAVINGS BANK, F.A., A FEDERAL SAVINGS BANK MERS AS A NOMINEE FOR UNIVERSAL SAVINGS BANK, F.A., A FEDERAL SAVINGS BANK PO BOX 2026 FLINT, MI 48501-2026 745 NORTH 4'' STREET MILWAUKEE, WI 53203 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unsworn falsification to authorities. June 26, 2007 Alm-)J P DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, LLC Plaintiff, V. LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER RENEE E. NEWCOMER A/K/A RENEE E. ROHRER Defendant(s). CUMBERLAND COUNTY No. 07-2875 CIVIL TERM June 26, 2007 TO: LOWELL D. NEWCOMER I A/K/A I. LOWELL NEWCOMER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 RENEE E. NEWCOMER A/K/A RENEE E. ROHRER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $109,685.14 obtained by AURORA LOAN SERVICES, LLC (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 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 attorney'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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504)(33 feet wide), at a corner of lands now or formerly of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in a northerly direction, the distance of 15.00 feet from its point of intersection with the north line of Lot No. 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction, the distance of 82.00 feet from its point of intersection with the north line of an unnamed 33 foot wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Gap Road, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Lowell D. Newcomer, I and Renee E. Newcomer, husband and wife, by Deed from Lance N. Diehl and Miste M. Diehl, husband and wife, dated 01/06/2006, recorded 01/12/2006, in Deed Book 272, page 3697. PARCEL IDENTIFICATION NO: 29-17-1585-010 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. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2875 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC Plaintiff (s) From LOWELL D. NEWCOMER I a/k/a I. LOWELL NEWCOMER & RENEE E. NEWCOMER a/k/a RENEE E. ROHRER (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 $109,685.14 L.L. $.50 Interest from 6/27/07 to 12/05/07 (per diem - $18.03) - $2,920.86 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs $1,886.50 Plaintiff Paid Date: 07-05-07 A+r C s R. Long, Prothonot (Seal) By; Depu REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Win Real Estate Sale # 02 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1828 Sterretts Gap Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: ,J C Real Estat rgeant the Patriot-News Co. 812 Market St. the atnotwATirtvs Harrisburg, PA 17101 Inquiries - 717-255-8292 Now you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 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 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 Awam Lom S yYw UZ L?, LL t?4wt;?tprr 1 IApds L f, reA rart Rohrer-, ?1x? IDe AIL 7 UWAM pone or po* of hall ,wet ie U aad ' , . Qrrrrom aimaoe it tfaPo *s Ctirmbtrl?a?d Ceaaty, reoNaylvefir, 1W detatbed =aft b a IWr of riepa e by Comt J. Dft 499wow &rvey%,dW Apra A in X fanb % to wit: at a p.. and m & eesta Iioe of %cmft Grp no (T-5XXn.>ioa wika at a ooraw of W& ww or ftwet of old `C: Moose; said PC& 0('M_ - tueatrso- Aneg rite said mraer lice of Road is a Bar& * d 6, the ? 15.60 fee fim is pant at iatorar? pttV* Be aha ft it 10 NMI on no 4f Go* This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 Sworn to ark! sscribe ore me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seei James L. CI-iic, Notary Public City Of m?burg, Dauphin County Emires June 2, 2008 Member, PenroylvenIS AOe001600n of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: October 26, November 2 and November 9, 2007 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. 2 Writ No. 2007-2875 Civil Aurora Loan Services, LLC V8. Lowell D. Newcomer I a/k/a 1. Lowell Newcomer and Renee E. Newcomer a/k/a Renee E. Rohrer Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504) (33 feet wide), at a corner of lands now or formerly of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in a northerly 4Lisarie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 9 day of November 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010