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HomeMy WebLinkAbout03-4278 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 (215) 563-7000 ATIORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRNE JACKSO~LE,FL 32258 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ;)3 - 1/;2/~ ~ v. CUMBERLAND COUNTY DERK RAUDABAUGH, A/KJA DEREK E. RAUDABAUGH 551 BARN TABLE ROAD, A/KJA55IBARNSTABLEROAD CARLISLE, P A 17013 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS 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 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 properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 78705 File #: 78705 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 AFTER YO U 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 ABN AMRO MORTGAGE GROUP, INe, 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 2. The name(s) and last known address(es) ofthe Defendant(s) are: DERK RAUDABAUGH, A/KJA DEREK E. RAUDABAUGH 551 BARN TABLE ROAD, A/KJA 551 BARNSTABLE ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/27/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to INTERFIRST which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1748, Page 1842. By Assignment of Mortgage recorded 2/5/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 684, Page 2198, 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 03/01/2003 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 #: 78705 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 I /2003 through 08/28/2003 (Per Diem $21.34) Attorney' s Fees Cumulative Late Charges 12/27/2001 to 08/28/2003 Cost of Suit and Title Search Subtotal $98,918.92 4,460,06 1,250.00 217.14 $ 550.00 $ 105,396.12 Escrow Credit Deficit Subtotal 0,00 790.97 $ 790.97 TOTAL $ 106,187,09 7. The attorney's fees set forth above arc in conformity with the mortgage documents and Pennsylvania law, and will bc 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. 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 daters) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9, 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 $ 106,187.09, together with interest from 08/2812003 at the rate of$21.34 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. l3y: FEDERMAN AND PHELAN'/'lIJ /. /sfF1~al~aF(/c;.-- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 78705 . ALL that certain ~ ofland with the Unprovements thereon c:rected lying and being in the Township of West Pennsboro, County of Cumberland, Common~ea1th of Pennsylvania, being more particularly described according to a survey 011' Oel B. Smith, Registere4 SUlVCyor, dated NoVl!nllH:r :24, 1971, as fbllows: BEmNNlNG au point in the center ofT -447, Barnstable RDad, at lands now or formerly of Dr. 8.S. Cowell; thence along lands nowor fonner1y of Cowen, NOlth 19 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence along lands now or fonnedy of Sylvester Moyer, North 77 degrees East 124.7 feel to a STake; thence along lands now or fonnerly of Arthur King, South 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 dep:es 38 minutes 40 seconds East 127 feet; thencE' North 79 degrees 21 minutes 20 seconds East 1 foot; thence South 10 degrees 38 minuteS 40 seconds East 4 feet; thenCe South 79 degrees 21 minutes 20 seconds WI:st l1bot; thence South 10 degrees 38 minutes 40 seconds East 40.5 feet to a point m. the cmter ofT -447, Barnstable Road; thence through the same. South 72 degrees 28 minuteS 40 seConds West 108 feet to the point. the place of Beginning. HAVING thereon erected a one story dwelling known as 551 Bamstable RDad, Carlisle. BEING the same premises which Martha Louisa D' Ala, by her Deed dated June 18, 1993, and recorded July 8, 1993, in the Office of the Recorder of Deeds in and for CUlllber1and County, Pennsylvania, in Deed Book "Y', Volume 36, Page911, granted and conveyed unto LorettaA. Lee and HerbertF.,D'Alo, asTl11steeS under Martha Louisa D' Ala hrevocablc Trost dated JW1e 18. 1993, the Grantors herein. -.-~.ir 1 IC..: VERIFICATION Katrina Dupuy hereby states that she is LOAN ADMINISTRATION OFFICER of ABN- AMRO MORTGAGE GROUP, INC. mortgage 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. cia DATE: '6/ Zl,! G "- ...c:. "' 'J '-' "<\ ~~ \.,J ~ ~\ ~ ~ \....) n c..") 'L':' '-~l --::: " . ' '~1 C).~ k~'~ " k--'.", U; '. -"." (> - .':' ~;~\:.,~ C? 7- 0 '_q ~~~~ 3. ,,.) SHERIFF'S RETURN - REGULAR CASE NO: 2003-04278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS RAUDABAUGH DERK AKA DEREK E RA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAUDABAUGH DERK AKA DEREK E RAUDABAUGH the DEFENDANT , at 1900:00 HOURS, on the 5th day of September, 2003 at 551 BARNSTABLE ROAD CARLISLE, PA 17013 DEREK RAUDABAUGH 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 Service Affidavit Surcharge 18.00 4.14 .00 10.00 .00 32.14 Sworn and Subscribed to before me this 11~ day of 2~,),fJtz3 A.D. n _ Q.~ - '- ~honotary . ~ So Answers: .r~~/~~ R. Thomas Kline 09/08/2003 FEDERMAN & PHELAN By: ;:i~ 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-4278 CIVIL DEREK RAUDABAUGH A!K/A DEREK E. RAUDABAUGH 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 ofthe Plaintiff and against DEREK RAUDABAUGH AlKlA DEREK E. RAUDABAUGH and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/28/03 to 10/13/03 TOTAL $106,187.09 $1,002.98 $107,190.07 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. JfIIutk ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA1)\D. < /) DATE: C8- /7 .:20a3 ( ~~4. L'.J J:2 _ ~ I PRO PROTHY c::r FEDERMAN AND PHELAN, LLP 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 (? I,) '01-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INe. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs, : CUMBERLAND COUNTY DERK RAUDABAUGH NK! A DEREK E. RAUDABAUGH : NO. 03-4278 CIVIL Defendants TO: DERK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD CARLISLE, PA 17013 f\\.t CO?i DATE OF NOTICE: SF.PTRMBF.R 26, 2001 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR 'CASE NO: 2003-04278 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS RAUDABAUGH DERK AKA DEREK E RA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAUDABAUGH DERK AKA DEREK E RAUDABAUGH the , at 1900:00 HOURS, on the 5th day of September, 2003 DEFENDANT at 551 BARNSTABLE ROAD CARLISLE, PA 17013 DEREK RAUDABAUGH 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 Service Affidavit Surcharge 18.00 4.14 .00 10.00 .00 32.14 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: .~~/~ . , R. Thomas Kline 09/08/2003 FEDERMAN & PHELAN By: ;t:i it FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-4278 CIVIL DEREK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH 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 ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DEREK RAUDABAUGH AlKJA DEREK E. RAUDABAUGH is over 18 years of age and resides at, 551 BARN TABLE ROAD AlKJA 551 BARNSTABLE ROAD, CARLISLE, P A 17013 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JJI4MJ\ ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of Ilmd with tbC improvements thereon erected lying and being in the Township of West Pennsboro, County of Cumberland. Commonwcr.ilih of PellJlSylval1ia, ooil1g more particularly des.::ribed according to a mvey of Noel B. Smilll, ReglsleIed SurveyM, dared NovelIlbet 24, 1971, as follows: BEGINNING at a point ill the center of T-447. Barnslable Road, allands now or furmerly of Dr, S.S. C<>wel1j thence 1I10mg Jands now or formerly of Cowell, North 19 degrees 43 mintItes 04 seconds West 565.43 feet to an iron pin; thence wong lands now or fonnetly of Sylve5Cer Moyer. Nort:lt 17 <Iegrccs East 124.7 feet to a state; lIIe.lICl:: along laDds now or formedy of ArtItur King, South 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 degrees 38 minutes 40 secondJl East 127 feet.; thence North 79 degrees 21 minutell 20 seconds East I foot; thence South 10 degree! 38 mittutes 40 seconds East 4 feet; theDce South 79 degrees 21 minutes 20 seconds West 1 fool; tbence Sonth 10 degrees 38 minutes 40 seconds East 40.5 feet to a point in Ibe center of T441, BamstabIe Road; Ibenee through the S~. Soulll 72 degrees 28 mitlutes 4Q seconds West 108 ti:ellO lite poiat., die place of beglnni.ag. TITLE TO SAID PREMISR'l rs VESTED IN Derek E. RalIdabaU8Jl. Single maD by Deed. frOm Loretta A. Lee, etal. dated 12/19/2001 and rcoorded 2/S12OO2 ill Re<;ord Book 250 Page 1362. TAX PARCEL #46-08-0583-011 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-4278 CIVIL DEREK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ oj. 17 200.3 . '--6Y: ~~~,,>pcm~ DEPUTY / CC If you have any questions concerning this matter, please contact: 3~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION i617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2 I 5) 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 PREVlOUSL Y 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." (: "Yo (.) ~ ~f-'i\) - (). f;~~:t:J ~ ~~F- ~ '0 ~J- c-, ("~ () ,5. :.:) PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 03-4278 CIVIL DEREK RAUDABAUGH AfKIA DEREK E. RAUDABAUGH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,190.07 Interest from 10/13/03 to MARCH 3, 2004 (per diem -$17.62) $2,502.04 and Costs TOTAL $109,692.11 J.11vYLk ~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. c: ~ '- '- - ~~~~ ~ ~J~~ ~ F , I ~fa8~ 2: ~ :;f }i 0:. ~ :i- "bI. -/ ~ )~ 1 3 J ~ ~ 41 ~~ A \iJ '-J ';; <f' ~ --, .-.,.,. "i~f' ".:~ ',. ~ J ~-..( 8 a ~'b-- ~ ~'.I \"I~~. / :J\~i _.10- "i) o ~ ~ ... ...l ~ < '"' 00 ~ ~ == .... " lI'l lI'l ~ < < ~ roo.~ ~ Z < U ~ 0 ~ oz ~ E=: -d 00< Z ~ 0", ~ <> "" u ~c; ...~ ~ r,.i ~'E' <::1 ....... '" ...loo ~ ~ ~'~ ...l.... 0) ~z ~ ~ ... ; .~ ~< ,D Zz roo. 0 '" <~ >-. -- '" 0... " 0;; .,:~ P-; '"'..r 8 ::;~ ... '" ~~ ... ~ '"' .. ~til '" ::;~ " ;:~ >-< ~ 0) 0,", < .; 0) <"" g. uz " ;. ~ ~ 1~ ~sj 0- roo.~ ~ < ~~ ....< 0) < >-< 00 G 01:: ~u 0) 0 ..c U roo. 0 , ~ ~~ ::; ~ ...::; f') 0; ~~ 0 ~~ '" .. 0) 8sj ~ ~ u ..EJ ~ ~ 'E .,,; ~ - < ...... ~ ii: ==~ ~ ~ ~ '"'::; z~ ~ ""u ~ ... ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected lying and being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according, to a SlIrvey of Noel B. Smilb, ReglSlel'ed Surveyor, dilled November 24, 1971. as follows: BEGINNING at a point ill lite cellter of T -447. Bamslable Road, allaDds now or formerly of Dc. 8.S. Cowell; thence along lands now or formerly of CoweD. North i9 degrees 43 minnles 04 seconds West 565.43 feel to an iron pin; tbence along lands now or formerly of SylvellCer Moyer, North 17 degrees East 124.7 feet to a state; thelK:c along lands now or fonnerly of Arthur King. Sooth 21 degrees 2:2 minutes (J1 seconds East 385. 8S feet; lhcnec: South 10 degrees 38 minUleS 4(1 ~ East 127 feet.; thcoa: North 79 degrees 21 minutes 20 seconds East l foot; thence South 10 degr_ 38 minut(ls 40 seconds East 4 feet; thence South 79 degrees 2\ minntes 20 secoDds West 1 foot; thence South 10 degrees 38 minuces 40 seconds East 40,S. feet to a polnlln the center of T441, Bamstab1e Road; lbence through the sam.e:. Soullt 72 degrees 28 llIit1Ute$ 4(1 seco.ncII West 108 feet to lI1e point. die place of beglMiag. TITLE TO SAID PRE~ES IS VESTED IN Derek E. Raudabaugh, single IIIall by Deed from Loreua A. Lee. eul. dated 12/19/2001 and recorded 2/SI2OO2 ill Rl=Rf Boo);, 2SO Page 1362. TAX PARCBL #46-08-0583-071 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN ANRO MORTGAGE GROUP, INC., Plaintiff (s) From DEREK RAUDABAUGH AIKIA DEREK E. RAUDABAUGH (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) 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 $107,190.07 L.L. $.50 Interest FROM 10/13/03 TO 3/3/04 (PER DIEM - $17.62) - $2,502.04 AND COSTS Ally's Comrn % Due Prothy $1.00 Ally Paid $114.14 Plaintiff Paid Date: OCTOBER 17, 2003 Other Costs CURTIS R. LONG (Seal) Prothono~ p ,---- --- Rv: -4:Afl"'). I _ . ~(".P~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE 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 ID No. 12248 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DEREK RAUDABAUGH AlKlA DEREK E. RAUDABAUGH NO. 03-4278 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 subj ect to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) 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. l.~ M,~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY .Plaintiff, v. COURT OF COMMON PLEAS DEREK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH CIVIL DIVISION NO. 03-4278 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO MORTGAGE GROUP, 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 ,551 BARN TABLE ROAD A/K/ A 551 BARNSTABLE ROAD, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEREK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH 551 BARN TABLE ROAD A/K/A 551 BARNSTABLE ROAD 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) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CONSECO fiNANCE HOME LOAN GRANTOR TRUST 2002-B C/O EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE, SUITE 200 IRVING, TX 75847 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/Occnpant 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD CARLISLE, PA 17013 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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. e.s. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2003 DATE J~ ~h1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff c c_ -..., ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 03-4278 CIVIL DEREK RAUDABAUGH A/KJA DEREK E. RAUDABAUGH Defendant(s). October 13, 2003 TO: DEREK RAUDABAUGH AlKJA DEREK E. RAUDABAUGH 551 BARN TABLE ROAD AlKJA 551 BARNSTABLE ROAD 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 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 A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 551 BARN TABLE ROAD AlKJA 551 BARNSTABLE ROAD, CARLISLE, P A 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $107.190.07 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 ofthe 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. 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 C~TAIN tract of Iand with the improvements thereon ereclelllyinll and being io the Township of West Peonsboro, County of Cumberland, Commonwealth of PellllS)'lvania. being more particularly des<:ribed according to a survey of Noel B. Smith. Registered Surveyor, dated November 24, 1971, as follows; BEGINNINO at a point ill the center of T-447, Bamslable Road. at lands now or furmerly of Dr. S.S. Cowell; thence along lands now or fomerly ofCoweU, North 1'9 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence along lands now or fonnerly of Sylve5<<lr Moyer, North n degrees East 124. 7 feet to a state; theooe along JaDds IlOW or formerly of Arthur King, South 21 degrees 2:2 minutes 07 seconds East 385, as feet; thence South 10 degrees 38 minutes 4Q .seconds East 127 feet; thence North 79 degrees 21 minutes 20 seconds East I foot; tbcllCC South 10 degrees 38 minutes 40 seconds East 4 feet; tbeoce South 79 degrees 21 minutes 20 secoDds We!.'t 1 foOl; thellce South 10 degrees 38 minures 4Q seconds East 40.5 feet to a poin! in !.be center ofT-441, Barnstable Road; lbenoe through the same. Soul1l 72 degrees 28 mil\1Ue$ 40 seconds West 108 feel to !.be point. the place of beginning . TlTLE\ TO SAlQ PREMISES IS VESTED IN Derek E. RaudahaU8Jl. single man by Deed from Loretta A . Lee. euL aated 12/ 191ZOO I and fe(l()n1ed 2/512002 III Record Boo.k2.50 Page 1362. TAX PARCEL #46-08-0583-071 AFFIDAVIT OF SERVICE PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY KMD DEFENDANT(S) E. RAUDABAUGH DEREK RAUDABAUGH A/KJA DEREK ]'i'o. 03-4278 CIVIL ACCT. #0620336896 SERVE DEREK RAUDABAUGH A/KJA DEREK E. RAUDABAUGH AT: 551 BARN TABLE ROAD A/KJA 551 BARNSTABLE ROAD CARLISLE, PA 17013 Type of Action - :Sotiee of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED ,$1;- Served and made known to Oe/?eK i?JC;uJ)I4B.J:Jv6f1 , Defendant, on the 3) day of 0 C706oe, 200,3, at .s;'lI0,0'c1ockf'.m.,at ,f';SJ J3J'1RNST/9,(!j)C- ;ed, C.n-ehiS&. /In /?tJ/3 ,Commonwealth of Pennsylvania, in the manner described below: )(} Defendant personally served, z::.=AdUIt family member with whom Defendant(s) residers). 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) residers). Agent or person in charge ofDefendant(s)'s office or nsual place of business. an officer of said Defendant(s)'s company. Other: Description: Age c:23.... Height~' Weight d) is' Race cJ Sex MOther I, uJj/h~ J9. /Il~tI~..sJi'; a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case 00 the date and at the address indicated above. NolartaI Seal S d b 'bed LIIldaJ. Jumpor,Itiuy POOIIc worn to an su scnr~ CaIlIIIeBorll,CumlJelfandCounly bef8 me this .:3/5 day Myeo...'.....'ExpireoJ\AV23.2OOll of ~L. ,200f ~.Pe....,......~ Notary:~/~ By: tA./fi' PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ~~ 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: AUornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 .. . c 'fl w Z '-1 0 :1:::0 < "11 ~ N T,In Ul .,>~ ." ~~ :x ~ UI ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ABN AMRO MORTGAGE GROUP, INe.) CIVIL ACTION ) vs. DEREK RAUDABAUGH NKJ A DEREK ) CIVIL DIVISION E. RAUDABAUGH ) NO. 03-4278 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for ABN AMRO MORTGAGE GROUP, INC. hereby verify that on October 16. 2003 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. DATE: Februarv 3, 2004 jMJ1.e ~J') FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "'"" ~. ~ - :;;: - - - - t'" - " -- ~. . z v. '" tv - 0 '" 00 -..l '" v. ... '" tv - ~. s " ~ ~" '"' > ~2, ~ ::I. " 6- ir ~ Ii' z c: 3 I:T CD ~ "'"" tj ~~ " 0 13ii1 I ~ tj z H.E ~ ~ . ~ z -~~ ~ ~~ ~ "'to 2, "," ~ ...,> ~ .. o " g~ ~~ ~ ~ . 0 ~ "- - a 0'" a g n E1 0" ,;-,Z .Ii " ~ to> ~ f;l " . 6; ~ \..S'\ - ..., ~6; ~ n_ 5: ~ > o~ sn> 5J " c::: ~ ..., ,. ~B - . 5J ~~ 0 0 0 ~ :;:<: - 'Tj z '" ~ n> v. '" '" ~ 1-------------- i5:'" t;;~ v. ~ ~ 0 _ell - ~ "'''' ~o to .ij ~ tj ...,n > ~ '" ~ .. .[i ~~ tj ~ ~ ~ ~ g ~ ~ i ~." ~ if tt1~ ~ tt1 ~ Z ~ n- ~ ~ ~ 0> ~ h; 0 i;l'" ~ ~ 0 - ~~ rg '" n ~ 6; i ~ " 6; 5' ::It;J ~ ~ > c::: ~tt1 1; 5J - (3 ffil ~ :g?:J v. - i;;i1g.if~ v. '" " ,,~" ~~ v. - ~ a ~;aa~~ v. to _ROaP. ~ - ~ ::;: ~ ~ ~ ~~ 3- on to tt1 ~ /: _. ~ ~~ ~ t;; p. a' a ~.;! '" [& S ;;' g g. 13'" ..., ~ ~ N ....,o::l 6; ~g:~gg, ~ ~ .... <'II 0'5 <: 00 h; - ~~~,:: ~ '" ;;i 2.~. 0 ~~ t'" 0 S"<"Oc.Pil' tt1 13 g.'d ~ ~ a to ?:J is! ~ g n'1 S~ 13 -~ 0 '" C' 0 P. . -~ ~"~gp. ~g ~ ;x: o t;;"::s ~ 0 ~ tv <: "" 0 ::l '" ~D:~:;l~ 0:<: ~ -..l '!l~oJ~g- .00 _v. " S il ;~ ~ f;? o.il @"1.'; '" " 0 _h; ~ " ".r 0 v. 'l! 3 . v. ,'s a 6- .Cl~ - - ~ _. '" Ef to ~ '" '" p.5.&:::R" ~ -~ p; ij" ~il ~o - .. ~ ~ o. -..l ~ :- <<' g g ~~ 0 '" - <'II 'd ~ a g '" a II> .... '" - ....'$ 2 > -..l 0 ) ~, 1\ ~~\~:2 .V" "'> VN3d1~\:C"-" II (:,'t;-~eoPos,.~ ;!: I!!~~ " . Z 4 -----AII.m!!ilIP- . : :J -- PllI>lt:Y 80WES 021A $01.500 00043003 J7 CCT 16 2003 , MAILED FROM ZIP CODE 1 9 1 03 0>2: ..,=-"' CIl=-El " .... " = ~ ~ =-"'= :!i =- >-0-0"'1 ~~:3"~ iir-.......J('tIu =-.....>-Otrl ~g.~~ F~Q~ ~~~~ -So> \O,,~ -o...C/1""'C 0,< C ;I1 \.ftJjO"'trj ;;;;oElt'" _scr~ ...,,!!j < '" I!i eIl- ~o...S"t"'"l ~" cr. t"'" ~lZlg~ . C .., ~. ;: ft 3 - "0 ... '" 0 ., 0 ~ -orr" Q.3f..r: ~.,...~.,. ~?E kC...i 2;: C) e:t-! ...-<;, ~ . ..., g: ..,.. ..., I'T1 CD I U1 ~ :x ~ ~ :r.!-" rn~ -0 :D g. -4{ 90 '::"..:::::rn ~ ~ -<; U1 f ABN Amro Mortgage Group, Inc. VS Derek Raudabaugh aIkIa Derek E. Raudabaugh In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4278 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. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Share of Bills 30.00 9.79 15.00 15,00 15.00 20.00 6.90 175.50 181.23 .50 1.00 29.32 $ 499.24 paid by attorney 02/24/04 Sworn and subscribed to before me S~~7s: This"l('~dayofj~ r~--..-t:~ 2004, A.D.Ch~ {2 ~w. ~ :~TJaY;J::;Z Prothonotary Real EstAle Deputy · \,st' ,--k.,,\4i12~ Ru.. /'IfcUj r 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 Michael Morrow, 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 ollice and place ot business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher ot The Patriot-News and~ 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 20th and 27th day(s) of January 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations ot this statement as to the time, place and character of publication are true; and That he has personal knowiedge 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 ot directors of the said Company and subsequently duly recorded in the ollice for the Recording ot Deeds in and for said County of D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #32 . ........................................................ . e hiS~3rd d~ary 2004 A.D. CilyOl HanlsbUf\l, o8.lJllhin ~ ~~ M QommIBSlonExplresJlI1e6,2006 TARY PUBLIC .' ~,~.AIIOcI8IIonOlNolllrieS 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 Total $ 181.23 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-New!> and The Sunday Patriot-News, newspapers ot general circulation, hereby acknowledge receipt ot the atoresaid notice and publication costs and certifies that the same have been duly paid. By...........,......,................................................. , .,j" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16,23,30,2004 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 ofthe 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. 32 i~ M10S Bill,o, Writ No. 2003-4278 Civil ABN Amra Mortgage Group. Inc. vs. Derek Raudabaugh. a/k/ a Derek E. Raudabaugh LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected lying and being in the Town- ship of West Pennsboro, County of Cumberland. Commonwealth of Pennsylvania, being more particu- 1arly described according to a sur- vey of Noel B. Smith, Registered Sur- veyor, dated November 24. 1971. as follows: BEGINNING at a point in the cen- ter of T-447. Barnstable Road. at lands now or formerly of Dr. 8,8. Cowell; thence along lands now or formerly of Cowell. North 19 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence along lands now or formerly of Sylvester Moyer, North 77 degrees East 124.7 feet to a stake; thence along lands now or formerly of Arthur King. South 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 degrees 38 minutes 40 seconds East 127 feet; thence North 79 degrees 21 minutes 20 seconds East 1 foot; thence South 10 degrees 38 minutes 40 seconds East 4 feet; thence South 79 de- SWO TO AND SUBSCRIBED before me this 30 day of JANUARY 2004_ ~A ~IL. ..1/1-7. .rlC1-'./ W9t~. -:,.v"-'t NOTARIAL SEAl LOIS Eo SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005 r- -..;......,... , I I i , , I ~~~~...,._, veyor, dateu "" as follows; BEGINNING at a point in the cen- ter of T-447. Barnstable Road. at lands now or formerly of Dr. S.S. Cowell: the.nee along lands now or formerly of Cowell. North 19 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence along lands now or formerly of Sylvester Moyer. North 77 degrees East 124.7 feet to a stake; thence along lands now or formerly of Arthur King, South 21 degrees 22 minutes 07 seconds East 385.85 feet: thence South 10 degrees 38 minutes 40 seconds East 127 feet: thence. North 79 degrees 21 minutes 20 seconds East 1 foot: thence South 10 degrees 38 minutes 40 seconds East 4 fect; thence South 79 de- grees 21 minutes 20 seconds West 1 foot; thence South 10 degrees 38 minutes 40 seconds East 40,5 feet to a point in the center of T-447 , Barnstable Road; thence through the same, South 72 degrees 28 minutes 40 seconds West 108 feet to the point. the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Derek E. Raudabaugh, single man by Deed from Loretta A Lee, et al. dated 12/19/2001 and recorded 2/5/2002 in Record Book 250 Page 1362. TAX PARCEL #46-08-0583-071. I . . (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 03-4278 CIVIL DERK RAUDABAUGH A/KJA DEREKE.RAUDABAUGH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $107,190.07 Interest from 10/13/03 to JUNE 7, 2006 (per diem -$17,62) $17,056.16 and Costs TOTAL $124,246.23 / -/' DANIEL G, SCHMIEG~QtiIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. '.r> ~ (^..,J ("'.3 ~ .,.,~ '" c_ ~ to t; 10_ ~ C) G c:Q ~ ~$ ~ ~ o~ U ~ ... ~~ ~ .... /~ ~~ ~ G -d g " ~ ~ ~~ t z , '" ~z ",::l '" '" ,.;l " ~~ ~.s ~ .D ~ o <J ~ ~ . .. ........, O~ ~~ g ,;, < ~~ '" uz " ... ~ ~.. is ~s ~ ~ g. Ou '< IX.~ c:Q< p. ~~ i G o .. ,...Po " ~Q on . ~ on'" p~ g ~ ",6 ,.;l 8; Po .' '" ... i~ ~ ~ u ~'" ~ ~ ~i ....~ Z S ~i -<u ~ Po \J.<I ~p i u ~ \ ~ \ \ . .. . LEGAL DESCRIPTION ALL THAT CERTAIN lract of land with the improvementS thereon erected lying aod hein& in the ToWllSbip of West Pennsboto, County of Cumberland. Commonwe-.dth of Pe~'Ylvania, heillg more particularly described according to a survey of Noel B. Smltll, Registered Surveyor, dated November 24. 1971, as follows: BEOlNNINO at a point hi the center of T-447, Barnstable Road, at lands now or formerly of Or. S.S. Cowell; thence along IIU1ds now or formerly of Cowell, North 19 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence along lands now or forffiefly of Sylvester Moyer. North 77 degrees East 124,7 f'eetto a Slake; thence along IlIIIds IlOW or formerly of Arthur King, SOllth 21 degrees 22 minlltes 07 sewnds East 3S5. 85 foot; 01ence South 10 degrees 38 minutes oW sec()Jlds East 127 feet; thence North 79 degrees 21 minutes 20 seconds &st 1 foot; thence South to degrees 38 mitl~ 40 secouds East 4 foot; thence !)()uth 79 degrees 21 minutes 20 seconds W~'t I foot; thence South 10 degrees 38 milluteS 40 seconds East 40.5 feel to a poinl in lbe center ofT-447, Bamslllble Road; thence through the same. Soulll 72 degrees 28 minulCS oW seconds West 108 feet 10 lIle poillt. tbe place of beginning . TITLE TO SAID PREMlSES IS VIlSTED IN Derek E. RaudabaugIl, single man by Deed from Lotetla A. Lee. cui. dale4 121\9/2001 and recouled 2/512002 in Record Book 250 Page 1362. TAX PARCEL #46-08-0583-071 Premises: 551 Barn Table Road a/k!a 551 Barnstable Road. Carlisle. PA 17013 " ~ r-' 0 c? 'i\ c~:) -n It>- -4- c;,,;'" :.~:1 I>' ..... ~ <- 0 :---. S0 "'- "^' ,.>::: ...... ''''' ~:.: I\:::) '-!\ ~-,-D --S:> ""'" w....w ,-,\ ~, 1" ~ ~ ~ , \"'.. \..1'" C ' \ (,)"1 ~, Cl<\ <> ~ <:> ~ ~ - -',.-, '" <:) -;:: ('. ,", r .r: v -,' , , -;:::, () -t:: r;;) '" -.,.J 1"- .~ r,) '~ ~ ""\-I ~ c,o w ~ 'X.,) <; <' c;:::,. ..,..\ * ::r- UJ ') (' . -, -'>. '5 '" '> -- ~ ~(~ :\:> ~-------------------_.- ""---- )'? . WRJT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRJPTION . (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 gamishee(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 notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $625.88 Other Costs Plaintiff Paid Date: JANUARY 5, 2006 (3lh~~ - Prothonotary' ~7 By: (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COPY FRO In Ieslit. ,M RECORO llOlly..lIM....f I '''''6 1 '...._ . ""'''.'''' 1......'0..../1'>.. .00 "'" se I ",. , . " ,. ,,.,, I,. 'ilill(J "", -'fl 01 S.lId "Qllrt at Carlisle .... .'1 ,j~y ot~ ,ra. - ,,- 4;. .t.~ Protlm~l!ry UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Derek Eugene Raudabaugh CHAPTER 13 Debtor BANKRUPTCY NO. 1-04-bk-00285 ABN AMRO Mortgage Group, Inc. Movant v. Derek Eugene Raudabaugh alkla Derk Raudabaugh Charles J DeHart Ill, Trustee Respondent(s) ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration ofthe Motion of ABN AMRO Mortgage Group, Inc. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by II U.S.c. 362 is modified with respect to premises, 551 Barn Table Road a!k/a Barnstable Road, Carlisle, P A 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and ABN AMRO Mortgage Group, Inc. may immediately enforce and implement this Order granting Relief from the Automatic Stay, By the Com't, ~JOa~y- 1m p JUdge (EW) Dated: November 29, 2005 This electronic order is signed and filed on the same date. , . ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DERK RAUDABAUGH AfKfA DEREKE.RAUDABAUGH CIVIL DIVISION NO. 03-4278 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO MORTGAGE GROUP, INC., 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 .551 BARN TABLE ROAD AlKJ A 551 BARNSTABLE ROAD, CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DERK RAUDABAUGH AlKJA DEREK E. RAUDABAUGH 551 BARN TABLE ROAD AlKJA 551 BARNSTABLE ROAD CARLISLE, P A 17013 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) U.s. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CONSECO FINANCE HOME LOAN GRANTOR TRUST 2002-B C/O EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE, SUITE 200 IRVING, TX 75847 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 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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. < ~~) QQ ~brvv1 - IEL G, SCHM 0; SQUIRE / Attorney for Plaintiff ( ~ Januarv 4,2006 DATE "', , c) L.~'J -, cr.. ,--1 ""~,. =:I'. ,n I Ui. ,.." N -,~! ../ f'j ':'.0 cr'. .< .r) ,',' .~ ~.~. ,'J .~~~\' r ~~? (' 't]' ,~'Y .'/ .,' ,.0 /;'0 I (~"'" - .2::::;:1 '::v ".J Cl PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DERK RAUDABAUGH AfK/A DEREK E. RAUDABAUGH NO. 03-4278 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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: o an FHA mortgage () non-owner occupied () vacant (X) 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. <~/'~ ~ Hbll\ltL~ ; . L G. SCHMIEt(ESQUIRE Attorney for Plaintiff . ~~2 c) -n c_ ::;:! ~~ """ [-:;-; , crl r::J 1'.' ,~"i .-< --. f ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 03-4278 CIVIL DERK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH Defendant(s). January 4,2006 TO: DERK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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 A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$107.190.07 obtained by ABN AMRO MORTGAGE GROUP. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaRC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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, ifthe 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe 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 ofthe 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 ofthe 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 ofthe 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 .. , LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected lying aod being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania. being more pamC1llarly described according to a mrvey of Noel. B. Smith. RegIstered ~'urveyor, dated November 24,1971. as follows: BEGINNING at a point ill the center of T 447, Barnstable Road. at lands now or formerly of Dr. 8.5. Cowell; thence along 11UJds now or formerly of Cowell, North 19 degrees 43 minutes 04 seconds West 565 .43 feet 10 an iron pin; theoce oJong lands now or formerly of ~ylvester Moyer. North n degrees East 124,7 feet to a state: thence allll1g lands nOW or fonnetly of Arthur King, South 21 degrees 12 mitlules 07 seconds East 385.85 feet; thence South 10 degrees 38 minutes 40 seC()nds East 121 feet; thence North 79 dl\7Cllli 21 minutes 20 seconds East 1 foot; tbence Sooth 10 degrees 38 minutcll 40 seconds East 4 feet; thence South 79 degrees 21 minutes 20 seconds West 1 foOl; thence South 10 degrees 38 minutes 40 seconds East 40.5 feet to a point in the center of T-M7, BarllStable Road; thence through file same, South 72 degrees 28 mimUes 40 seconds West 108 feel I() the poltu, the place of beginning. 'I1TLIi TO SAID PREMISES IS VESTED IN Derek E. RalIdabaugll, Single man by Deed from Loretta A. Lee, $1. dated 1211912001 and recorded 2/512002 in Record Book 250 Page 1362. TAX PARCEL #46-08-0583-071 Premises: 551 Barn Table Road aIkIa 551 Barnstable Road, Carlisle, PA 17013 " ~, {'. ) , ,~ ~j>'''~ :;;.:- <.;', c"j ";.cn -;j -0 ~:-'~X~;J, - ,'-:._< " ,~', , ~~;, ...-..:: ....:-~ J;,) 'c0 "',' of., .;.:) '..... , ...~ ......:< . , --' ---------- ~ j AFFlDA VlT OF SERVlCE PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY JMG No. 03-4278 CIVlL DEFENDANT(S) RAUDABAUGH DERK RAUDABAUGH AlKJA DEREK E. ACCT. #0620336896 SERVE DERK RAUDABAUGH AlKfA DEREK E. RAUDABAUGH AT 551 BARN TABLE ROAD AlKfA 551 BARNSTABLE ROAD CARLISLE, PA 17013 Type of Action - Notice of Sberiff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to T).l' fe, k ',Z (1 J J", ~ ':]\" , Defendant, on the / d J;.. day of --J. ,,' , ( !, 200JE, at <; 5L, o'clock 1'-.m., at 5' ') / l)v-r ;Jc bkLdJ--.,,<Jj~ \? rlJ.10_) 3 , Commonwealth ofPeIUlsylvania, in the manner described below: Y Defendant personally served. Adult family member with whom Defendant(s) residers), Name and Relationship is Adult in charge ofDefcndant(s)'s residence who refused to give name OJ relationship. Manager/Clerk of place of lodging in which Defendant(s) residers), __Agent or person in charge of Defendant(s)'s office or usual place of bus mess. ~~ an officer of said Defendant(s)'s company. Other: Oescriptkm: Age,): 55" Height 5-1,;(' Weight It..., t' Race~Sex)/11 Other I, -Je...s.......... .Fll ,^!" > a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sate in the manner as set forth herein, issued in the captioned case on the date and at the. address indicated above. ( . - By: L~~ [@;.~ SERVlCE AT LEM 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRICIA E HARRIS Commission Expires June 16, 2008 NOT SERVED On the___ day of_~ ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant I ,. Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ~,200_. Notary: By: AUornev for Plaintiff Daniel G. Schmieg, Esquire -I.D. No. 62205 s Lfj (") ~; ":.t; -::~ I ,-r' ,..., = (~':l 0' '- ". Z w ~ :r cnpl --om :.'.!? . .Jc') :i.'rl :L ~\l :~'S~?l :~\ -";;0- dD '< ;l7' :JJ: 9 ..~ 0> ..~....b.......... ""^ L.ll.~/L.UU(j ::>:9,0 PAUl:: 001l0Ul r ax ::>erver Fedennan and Phelan i. now Law Offices PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia. P A 19103-1814 Sandra Cooper@fp.dpl'U~.com Sandra Cooper Judgment Department, Exl1258 Representing Lenders in Pennsylvania and New Jersey February 13, 2006 Office of the Sheriff Cumberland County Courthouse I Courthouse Square Carlisle,PA 17013 ATTENTION: JODY FAX: 717.240.6397 Re: ABN AMRa MORTGAGE GROUP, INC. v. DEREK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH No. 03-4278 CIVll- Premises: 551 BARN TABLE ROAD NKIA551 BARNSTABLE ROAD, CARLISLE, PA 17013 Dear Jody: Please ST A Y the Sheriffs Sale oftbe above referenced property, which is scheduled fur June 7. 2006. Thesumof$ 1H 636 59 was received in consideration for the stay. Very truly yours, SMC Sandra Cooper cc: ABN AMRO MORTGAGE Attention: FileNo, 0620336896 **Original writ returned to the ProthorX>tary's Office on 2/15/06 / u~ of writ and $1,500.00 c:heck returned to Attorney Sc:hni.eq on 2/15/06 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH A/KJA DEREK E. RAUDABAUGH (I) 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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Alty's Comm % Due Prothy $1.00 Atty Paid $625.88 Plaintiff Paid Other Costs Date: JANUARY 5, 2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH (I) 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$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $625.88 Plaintiff Paid Date: JANUARY 5, 2006 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COPY FROM RECORD ill h~.tiJ'\1Q!1Y ...heIoof, I here unto SlJt my hand ~oo tM ~l of Silld Court at Carlisle. Pa. ~~ :;I.~.~~~~ ~ Prot sry WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH A/K1A DEREK E. RAUDABAUGH (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) 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$107,I90.07 L.L. Interest Interest from 10/I3/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Atty's Comm % Due Prothy $1.00 Ally Paid $625.88 Plaintiff Paid Date: JANUARY 5, 2006 Other Costs (Seal) P By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COPY FROM RECORD '\"(T,)\lt!n)i)fij!llIilerl'Alf, I !it:;" unto sei' ri,l' Ii.<,f!(j : ';1 !'Nl ~I !If Si!id Gouri at Car lisitl Pc. ,. "~!m:'~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH A/KJA DEREK E. RAUDABAUGH (I) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Ally's Comm % Due Prothy $1.00 Atty Paid $625.88 Plaintiff Paid Date: JANUARY 5, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COPY FROM m::CQRO If! T llllOOI.:lOY wllertwJl, I Mre LitlT,) Slll o,y r..-11i1 Ind 1M of $Clio Coof! at Carlisle, fla. T ~ 't ~- Prothooola WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH AlK/A DEREK E. RAUDABAUGH (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 GARNlSHEE(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 himfher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Atty's Comm % Due Prothy $1.00 Atty Paid $625.88 Plaintiff Paid Date: JANUARY 5, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COpy FROM RECORD i ~ f.;::jt~Tk"il)Y.whefiffJi, ! ;~t~re tmlO ~ rn',." {-..f"OX . ,'" ili:!.! tM ~ of Selld COW1 ill wrllS!e PlJ r~3~__ s;lluO:}noJk~ ' ~ Prot~"!I!t-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-4278 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN MORTGAGE GROUP, INC Plaintiff (s) From DERK RAUDABAUGH AiKlA DEREK E. RAUDABAUGH (I) 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 himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$107,190.07 L.L. Interest Interest from 10/13/03 to June 7, 2006 per diem $17.62 $17,056.16 and Costs Ally's Comm % Arty Paid $625.88 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JANUARY 5,2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. 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 TRUE COPY FROM RECORD 1ft TustimOOy wheroof, ! heUI unto set fIl}' tlSiOO ami., l.hG.JI.. of sa,d ('nurt at Ca.lilsle. l'a.. .:1,~ 5J ..~A12~ry ~ , , ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DERK RAUDABAUGH A/KfA DEREK E. RAUDABAUGH CIVIL DIVISION NO. 03-4278 CIVIL Defendant(s). () S-; ....., C::::l c-:::;:; tJ"" AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) '::'-::' o -11 =;1 _1_ -" illp ~1 '-r' ~~l L_ , Cl CI ';.; C'-~i . -I'Ti ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DA'NIEL;G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was fil~ the=< following information concerning the real property located at ,551 BARN TABLE ROAD A/KIA 551 BARNSTABLE ROAD, CARLISLE, P A 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DERK RAUDABAUGH AlK/ A DEREKE.RAUDABAUGH 551 BARN TABLE ROAD AlK/A 551 BARNSTABLE ROAD CARLISLE, P A 17013 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) U.s. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CONSECO FINANCE HOME LOAN GRANTOR TRUST 2002-B C/O EMC MORTGAGE CORPORATION 909 HIDDEN RIDGE, SUITE 200 IRVING, TX 75847 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 551 BARN TABLE ROAD AfKJA 551 BARNSTABLE ROAD CARLISLE, P A 17013 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 of18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~ QQ ~ JihmAc L G. SCHM ~SQUIRE Attorney for Plaintiff January 4, 2006 DATE PHELAN HALLINAN AND 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 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DERK RAUDABAUGH AtK/A DEREK E. RAUDABAUGH NO. 03-4278 CIVIL l' c:; ,...., Coo::;) ,:,.~j d'''' '- ~~ (,') -n :::! F~l;~ '-I, Defendant(s). , ()1 c:..: '~~ ~-? '-'~~~'~ :;;~ ""..- .~, -< -0 - CERTIFICATION f'-" DANIEL G. SCHMIEG, 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: o an FHA mortgage () non-owner occupied () vacant (X) 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. ~~~~ ( L G. SCHM b(ESQUIRE ~- Attorney for Plaintiff U UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA INRE: Derek Eugene Raudabaugh CHAPTER 13 Debtor BANKRUPTCY NO. 1-04-bk-00285 ABN AMRO Mortgage Group, Inc. Movant v. Derek Eugene Raudabaugh a/k/a Derk Raudabaugh Charles J DeHart III, Trustee Respondent(s) ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration ofthe Motion of ABN AMRO Mortgage Group, Inc. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by II V.S.C. 362 is modified with respect to premises, 551 Barn Table Road a/k/a Barnstable Road, Carlisle, P A 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001 (a)(3) is not applicable and ABN AMRO Mortgage Group, Inc. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Com1, Dated: November 29, 2005 This electronic ordens signed and filed on the same date. , , ABN AMRO MORTGAGE GROUP, INC. Plaintiff, (~) c_-: CUMBERLAND COUNTY "-, c;::"). C--."). .:7-" '- .I"'ia ::!: n "'"1'-' .-1 :~-r f'!l--:- :~~J v. No. 03-4278 CIVIL , c..n DERK RAUDABAUGH AfKIA DEREK E. RAUDABAUGH -:"J Defendant(s). f'J , :';-:1 N ~j.J _I -, January 4,2006 TO: DERK RAUDABAUGH A/K/A DEREK E. RAUDABAUGH 551 BARN TABLE ROAD A1K/A 551 BARNSTABLE ROAD CARLISLE, P A 17013 ""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, 551 BARN TABLE ROAD AJKJA 551 BARNSTABLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a,m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $107,190.07 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with PaRC.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: L 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. I , 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. I. 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe 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. Y Oll 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 mav 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 I , LEGAL DESCRIPTION ALL TIJAT ~iAIN tract of land with the improvements theteon erected lying aDd being iu the Township of West Pennsboro, Count)' of Cumberland, Commonwealll1 of PellJlS}'lvania. being more partiC\llarly described according to a llIlTVey of Noel. B, Smilll, Registered Surveyor, dated November U, 1971, as follows: BEGINNING at a point ill lite center ofTM7, Barnstable Road, at lands now or funner\y of Dr. 8.S. Cowell; thence siong lands now or fOllIlllrly of Cowell, Nortb 19 degrees 43 minutes 04 seconds West 565.43 feet to an iron pin; thence IIkm8 lands now or formerly of ~ylveSCer Moyer. North 77 degrees East 124.7 feet to a stak; then<:e all'lllg lands nOW or formerly of Arlltur King. South 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 degrees 38 minutes 4(} seconds East 121 feet; thence North 79 degrees 21 minutes 20 seconds East I foot; thence Sooth 10 degrees 38 mi1mte$ 40 BeCOOOs East 4 feet; thence S<luth 19 degrees 21 minutes 20 seconds West 1 foot; theooe South 10 de8fOO& 38 minutes 40 seconds Bast 40.5 feet to a point in lbe center of T -441, Barnstable Road; lben<:e through the same, South 72 degrees 28 minutes 4(} seconds West 108 feel to llIe poilu, the place of begiMlllg . 'I1TLE TO SAlO PREMISES IS VESTED IN De:rek E. Raudabaugh, siogle man by Deed frOm LoreUa A. Lee, ecal. ltaled 12/19/2001 and recorded 2/512002 in Record .Book 2SQ Page 1362. TAX PARCEL #46-08-0583-071 P . remIses: 551 Barn Table Road aIkIa 551 Barnstable Road, Carlisle, PA 17013 " LEGAL DESCRIPTION ALL THAT CER.TAIN trllet of land with the improvements thereon erected lying aod being in the Township of West Pennsooro, County of Cumberland. Commonwealth of Pennsylvania. being more particularly described according to a SllIVey of Noel B. Smith, Registered Surveyor, dated November 24. 1911, as follows; BEGINNING at a poillt ill the center <If T-447, Barnstable Road. at lands now or formerly of Dr. 5.S. Cowell; thence along lands now or formerly of Cowell. Nortb 19 degrees 43 minutes 04 seconds West 565.43 feet tn au iron pin; thence wong lands now or formerly of l1ylvester Moyer, NOttIt 17 degrees East 124.7 feet Co a stake; thence aloog IancIs now or fortnerly of Arlltur King, South 2\ degr:ees 12 minuteS 07 seconds East 385.85 feet; tbenc.c: South to degrees 38 minutes 40 seconds East 121 feet; thence North 79 degrees 21 minutes 2.0 seconds Eut I font; tbeDcc South 10 degrees 38 m~ 40 lICCODds East 4 feet; theDce South 79 degrees 21 minutes 20 tiCCOnds We!>'t 1 fool; thence South 10 degrees 38 mlnUles 40 sw:mds East 40.5 feet In a polnl in lbe celller of T -441, Barnstable Road; Ib.~ througb the same.. South 72 degrees 28 mitlUfes 4Q $CC()nds West 108 feet to the point. lite place of beglnnillll. 'I1TLE TO SAID pREMISES IS VFSTED IN Derek E. Raol(johllugb, Single man by Dcc:d from Lorena A, Lee, etal. 11ale<l12!l9/2001 and ra;ordcd 21S12002 in Record Book 250 hilt 1362. TAX PARCEL #46-08.0583.(),71 Premises: 551 Barn Table Road aJk/a 551 Barnstable Road, Carlisle, PA 17013 " LEGAL DESCRIPTION ALL THAT CImTAIN 11'8Ct of llmd with the improvements thereon erected lying aud being in the Township of West Pennsooro, Collllty of Cumberland. Cootmonwealth of PetlllS)'lvania. heing more parti.cul.arly d~ribed according to a SlICVey of Noel B. Bmltll. Registered Surveyor. dared November :l4. 1971, as follows: BEGINNING at a poiot ill the center of T447. Barnslable Road, at lllllds now or formerly of Dc. S.S. Cowell; thence along IandB now or formerly of Cowell, Nortb 19 degrees 43 minutes 04 ~nds West 565.43 feet to au iron pin; thence along Jands now or fOrlllel'ly of ljylveRcr Moyer. NortIt 77 degrees East 124.7 feet to a stake; then<:e alo.ug lands now or formerly of Arthur King, Sooth 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 degree:; 38 mlnules 4(l seconds Ea.t 121 feet; lhence North 79 degrees 21 minuteS 20 seconds E8$t 1 fuot; thence. South 10 degrees 38 minutes 40 seconds East 4 feet; thetK:e South 79 degrees 21 minutes 20 seconds West 1 foOl; thence Soutb 10 degrees 38 minutes 40 3WOnds East 40.5 feet to a point in Ihe center of T -441, Barnstable Road; thence througll the same.. Soulh 72 degrees 28 mittUtes 4(l seconds West 108 feet to lI1e POW. tile place of beglnnill3 . 'I1TL6 '10 lUlU PREMISES IS VESTED IN Derek E. Raudabaugb, single man by Deed from LoreUa A, Lee, etal. dated 12119/200 1 and reronkd 2/512002 in Record Book 250 Page 1362. TAX PARCEL #46-08.OS83-071 Premises: 551 Barn Table Road a!kIa 551 Barnstable Road, Carlisle, PA 17013 '- LEGAL DESCRIPTION ALL TIIAT CER.! A.lN tract of llmd with tIW improvements thereon erected lying aDd being in the Township of West PennsbocQ, CounW of Cumberland, Coonnoowealth of Pennsylva/lia. being more particuWty described according to a survey of Noel B. Smilb. Registered Surveyor, dated November ;l4, 1971. as follows: BEGiNNING at a point ill the center Qf T 447, Bamslable Road, at lands now or fornwrly of Dr. 8.8. Cowell; thence along lands DQW or formerly of Cowell, North J9 dllgrees43 minutes 04 seconds West 565.43 feet to an iron pin; thence alolll! Iand& now or formerly of ljylvestel Moyer. Nonh 77 degrees EasII24.7 feet to a state; Ibcnce along lands now or fonnerly of Art/l1l.l' King, South 21 d~ 12 minutes 07 =onds Easl3S5.8S feet; thcocc South 10 degrees 38 minutes 40 seconds East 121 feet; thence North 79 dlOgrel!li 21 nllnures 20 seconds &1st 1 fuot; thence South 10 degrees 38 min\lle$ 40 seaJwfs East 4 feet; thence S<>uth 79 degrees 21 minntes 20 lIeCOOOS West 1 foot; thence Sotllh 10 degrees 38 mlt\\Iles 40 xcorods East 40.5 feel. to a poln1 in tile center of T-M?, BarlI8table Road; tb.ence through the same, Soutb. 72 degrees 28 llIimIte$ 40 $CCOJld$ West 108 feel 10 the point, the plaCe of beglMing. 'I1TLE TO SAIQ PREMISES IS VESTED IN Derek E. RJlW'haugb, single man by D<<d from Loretla A. Lee, ecal. dated l2fl9/200l and recorded 2IS/2OfJ2 in R=d Book 2SO Page 1362. TAX PARCEL #46-08-0583.071 Premises: 551 Barn Table Road alk/a 551 Barnstable Road, Carlisle, PA 17013 '- LEGAL DESCRIPTION ALL THAT C6R.TAIN tract of Il!nd with the improvements thereon erected lying and being in the Township of West Pennsboro, Collllly of Cumberland. Coounonwealth of Pennsylvania. being more particularly described according to a mrvey of Noel B, Smith. Registered Surveyor, dated November 24. 1911, as follows: BEGINNING at a poiot ill the center <Jf T 447, Barnstable Road. at lands now or formerly of Dr. 8.S. Cowell; thence al<Jng lands n<lW ()f fmmerly of Cowell, Nortb J9 degrees 43 minutes 04 secoods West 565.43 feel In an iron pin; thence wong lands now or forlll<<Jy of ~ylvestet Moyer, NOrth 17 degrees East 124.7 feet to a stake; thence along lands now or fonnerly of Arlltur King. South 21 degrees 12 ~ 07 seconds East 385.85 feel; thence South 10 dellrees 38 minutes 40 seronds East 127 feet; dtence North 79 degrees 21 minutes 20 seconds But 1 foot; tl1eoce Sooth 10 degrees 38 minutes 40 IIeCOnds East 4 feel; thence South 79 degrees 21 minutes 20 seconds West 1 foot; t1tence South 10 degrees 3& minutes 4Oseeonds East 40.5 feet to a polnlln 100 center OfT-#7, Barnstable Road; mente through !he same, Soulh 72 degrees 28 millIUes 40 seconds West 108 feel 10 lIle poW. tile plllce of bcglnning. 'I1TLE TO SAID PtmMISR'l IS VESTED IN Derek B. Ralldabaugll, single mall by Deed from Loretta A, Lee, etal. <lalei1121l912OO1 and recorded 2/512002 in Rcwrd Book 250 Page 1362. TAX PARCEL #46-08-0583-071 Premises: 551 Barn Table Road a!kIa 551 Barnstable Road, Carlisle, PA 17013 " LEGAL DESCRIPTION ALL THAT CBRTAIN tract of land with the improvements thereon erected lying and being in the Township of West Pennsboro, County of Cumberland, Commonwealth of Pennsylvania. being more particularly described according to a mrvey of Noel B. Smith. Registered Surveyor. dated November 24, 1971, as follows: BEGINNING at a point ill the center ofT447, Bamslable Road, at IalIds now or formerly of Dr. 5.S. Cmvell; thence along Iattds now or fonnerl}' of Cowell, North 19 degreell 43 minutes fl4 seconds W~t 565.43 feet to an iron pin; thence a1oIlf! lands now or formerly of ~ylvesCet Moytf, North 77 degrees East 124.7 feet to a stake; lhcoo: along lands now or formerly of Arthur King, South 21 degrees 22 minutes 07 seconds East 385.85 feet; thence South 10 dellreeli 38 minutes 40 se<x>nds Ea.t 127 feet; thence North 79 degrees 21 minutes 20 seconds East 1 foot; thence Sooth 10 degrees 38 min~ 40 I!eCOIJds East 4 feet; thence South 79 degrees 21 minutes 20 seconds West 1 fool; thence South 10 degrees 38ll1im1les 40 SllOOllds Bast 40.5 feet to a palm In the center of T -447, Bamslllble Road; Ill.ence through the SllIIle, South 72 degrees 28 lIIit1utes 4() seconds West 108 feet to the \XIlnt. tho place of beginning. 'I1TLE TO SAID PREMISES IS VFSTED IN Derek E. Ralldabaugb, single man by Doc:d from Loretta A, Lee, ecal. daled 12/19/2001 and recorded 21512002 in &cord Book 25Q Page 1362. TAX PARCEL #46-08-058J.<17l Premises: 551 Barn Table Road alkJa 551 Barnstable Road, Carlisle, P A 170 I3 "