Loading...
HomeMy WebLinkAbout08-6690G? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JIPETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 190532 AURORA LOAN SERVICES, LLC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff V. LORA L. DUPERT GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM C1 P NO. ?/ f, yiI y' CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 190532 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 (717) 249-3166 File #: 190532 1. 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: LORA L. DUPERT GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/21/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR BALTIMORE AMERICAN MORTGAGE CORPORATION, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1969, Page 0600. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 #: 190532 6. The following amounts are due on the mortgage: Principal Balance $232,490.00 Interest $8,770.74 05/01/2008 through 11/10/2008 (Per Diem $45.21) Attorney's Fees $1,250.00 Cumulative Late Charges $203.43 09/21/2006 to 11/10/2008 Cost of Suit and Title Search 750.00 Subtotal $243,464.17 Escrow Credit $0.00 Deficit $865.66 Subtotal 865.66 TOTAL $244,329.83 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in' the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 190532 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $244,329.83, together with interest from 11/10/2008 at the rate of $45.21 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP Byn:, g• L,,A=A CA 17 g / LAWRENCE T. PHELAN, QUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 190532 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Survey Plan for Reuben E. Diller, prepared by Larry V. Neidlinger, Professional Engineer, dated June 4, 1983, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 44, Page 52, as follows: BEGINNING at an iron pin in the center line of a 50 feet wide private right-of-way in line of land now or formerly of John Bowers at the dividing line between Lots No. 1 and 2; thence along line of said land now or formerly of John Bowers, South 14 degrees 04 minutes 18 seconds East a distance of Four Hundred Six and Eighty-Three Hundredths (406.83) feet to an iron pin at corner of land now or formerly of John Diller; thence along line of said land now or formerly of John Diller, South 77 degrees 43 minutes 50 seconds West, a distance of Four Hundred Thirty- six and Thirty-two Hundredths (436.32) feet to an iron pin; thence still along line of said land now or formerly of John Diller, South 13 degrees 35 minutes 52 seconds East, a distance of Two Hundred Thirty-six and Forty-three Hundredths (236.43) feet to an iron pin; thence South 48 degrees 35 minutes 15 seconds West a distance of Five Hundred Forty-one and Twenty-nine Hundredths (541.29) feet to a point; thence North 15 degrees 30 minutes 15 seconds West a distance of Two Hundred Ninety-nine and Twenty-five Hundredths (299.25) feet to a 10-inch thick oak tree; thence North 55 degrees 07 minutes 45 seconds East, a distance of Three Hundred Twenty-four and Forty-four Hundredths (324.44) feet to an iron pin; thence North 16 degrees 37 minutes 46 seconds West, a distance of Four Hundred Ninety-four and Twenty-one Hundredths (494.21) feet to an iron pin in the centerline of said 50-feet wide private right-of-way; thence by File M 190532 the centerline of said 50-feet wide private right-of-way which is the dividing line between Lots Nos. 1 and 2, by a curve to the right having a radius of Three Hundred Thirty-six and Fifty Hundredths (336.50) feet an arc distance of Three Hundred Eighteen and Sixty-three Hundredths (318.63) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way by a curve to the left having a radius of Five Hundred Twenty-six and Seventy-one Hundredths (526.71) feet an arc distance of Two Hundred Twenty and Seventy-one Hundredths (220.71) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way, North 75 degrees 59 minutes 27 seconds East, a distance of One Hundred Twenty-four and Forty-five Hundredths (124.45) feet to an iron pin at the place of BEGINNING. THE ABOVE MENTIONED 50-feet wide private right-of-way extending from Township Road T-344 eastwardly to line of land now or formerly of John Bowers is for the joint use of the owners and occupiers of the lands through which said right-of-way passes and their respective heirs, assigns and personal representatives. Said 50-feet wide right-of-way includes the road bed of the approximately 15-feet wide meandering lane which leads from Township Road T-334 eastwardly to land of John Bowers as shown on said Subdivision Survey Plan dated June 4, 1983. THE ABOVE DESCRIBED tract of land contains 9.334 Acres, more or less, and is all of Tract No. 2 as shown on the said Subdivision Survey Plan for Reuben E. Diller dated June 4, 1983 and recorded as aforesaid. File #: 190532 See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13, 1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. Parcel Number: 41-13-0110-020 PREMISES: 317 HIGH MOUNTAIN ROAD File #: 190532 VERIFICATION I hereby state that I am the 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 of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. (o (?5 / Attorney for Plaintiff DATE: ((- 10-0% "KIN Xs : # -ft PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AURORA LOAN SERVICES, LLC. Plaintiff VS. LORA L. DUPERT GERALD L. DUPERT Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6690 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. a linan, Esquire Date: 11/20/08 PHS #: 190532 ..- .., VERIFICATION hereby states that he/she is of AURORA LOAN SERVICES, LLC., servicing agent for Plaintiff, AURORA LOAN SERVICES, LLC., in this matter, that he/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 his/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 unswo n falsification to authorities. e : coRpo ..F? Name: DATE: 1 I 'OFS. qL Title: vARE v ?e Company: AURORA LOAN SERVICES, LLC. Loan:0123124133 File #: 190532 PHELAN HALLINAN & SCHMIEG, LLP 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 AURORA LOAN SERVICES, LLC. Plaintiff VS. LORA L. DUPERT GERALD L. DUPERT Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6690 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire Date: 11/20/08 ?> .w ,. <_ .? .. . _ _? ,.. A ??,-, ?;-._ r>. ??`? ?? .-a-, ?? ?..? `".; . -; CASE NO: 2008-06690 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLCQ VS DUPERT LORA L ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DUPERT GERALD L the DEFENDANT at 0008:21 HOURS, on the 22nd day of November , 2008 at 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 by handing to GERALD DUPERT DEFENDANT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 i z 1oS-lG a 4- ,1 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/24/2008 PHELAN HALLINAN & SCHMIEG By: j Deputy heriff A. D. r .? CASE NO: 2008-06690 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES L VS DUPERT LORA L ET AL MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DUPERT LORA L the DEFENDANT at 0008:21 HOURS, on the 22nd day of November-, 2008 at 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 GERALD DUPERT by handing to SPOUSE OF LORA 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 law5jb r 18.00 14.00 .00 10.00 .00 42.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/24/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sheriff A. D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. LORA L. DUPERT GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-6690 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LORA I DUPERT, and GERALD L. DUPERT, Defendant(s) for failure to file an Answer to Plaintiff s 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 - 11/11/2008 to 03/10/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237.1, $244,329.83 $5,425.20 $249,755.03 dant s are as shown abov , and (2) y ched?i/ , ?/ 7' Daniel G. Schmieg, E/q}xfre Attorney for PlaintifV/ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 PHS # 190532 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. LORA L. DUPERT GERALD L. DUPERT Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-6690 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LORA L. DUPERT is over 18 years of age and resides at 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693. (c) that defendant GERALD L. DUPERT is over 18 years of age and resides at 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised AURORA LOAN SERVICES, LLC. VS. LORA L. DUPERT GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-6690 Notice is given that a Judgment in the above captioned matter has been entered against you on 3 1111o 9 By: DEPUTY If you have any questions concerning this m er lease One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Daniel G. Schmieg, Esqui Attorney or Party Filin 1617 JFK Boulevard, Suite 1400 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" .1 PHELAN HALLINAN & SCHMIEG, LLP By: 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 AURORA LOAN SERVICES, LLC. v Plaintiff LORA L. DUPERT GERALD L. DUPERT Defendant(s) TO: GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 DATE OF NOTICE: February 27, 2009 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-6690 CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 190532 + a i PHELAN HALLINAN & SCHMIEG, LLP By: 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 AURORA LOAN SERVICES, LLC. Plaintiff V. LORA L. DUPERT GERALD L. DUPERT Defendant(s) TO: LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 DATE OF NOTICE: February 27, 2009 F 'X 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-6690 CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 190532 .""h t? , 43 h ? ry? PN- r N C."a' Gam? Mc c:) co rn? rtFn r=? r c??i (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 AURORA LOAN SERVICES, LLC. Plaintiff, V. No. CIVIL 08-6690 LORA L. DUPERT GERALD L. DUPERT Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $249,755.03 Interest from 03/11/2009 - 09/02/2009 $7,326.88 and Costs (per diem -$41.63 ) TOTAL Note: Please attach description of property. $257,081.91 DANIEL. SCHMIE1; ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 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. 190532 O9 4,, r a ©? w °z w? w ?A z 0 ¢ oQ 4 o 94 H E4 wa AA as ?a o? O N v? 0 Ho N wa a a N as ?a G ?A ax° ti z r co xx Q M ~ M ? JI +.? i? ICA) ? Ilk O p O W 000 F a C 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. LORA L. DUPERT GERALD L. DUPERT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6690 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: () 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.A. §4904 relating to unworn falsification to authorities. C1 ANI G. SCH EG, ESQUIRE Attorney for Plaintiff N c`) n ?? C w? ...j -?1 ? 3?" ? Y f _ wt ?? ? : t?? ;a ?? 1: ? C ';.i ?. ?? 1 .rC_ y,,., .. AURORA LOAN SERVICES, LLC. Plaintiff, V. LORA L. DUPERT GERALD L. DUPERT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6690 AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,317 HIGH MOUNTAIN ROAD. SHIPPENSBURG. PA 17257-9693. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 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) U.S DISTRICT COURT MD OF PA FEDERAL BUILDING & U.S. COURTHOUSE 228 WALNUT STREET, P.O. BOX 983 HARRISBURG, PA 17108 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, INC. MERS AS A NOMINEE FOR BALTIMORE AMERICAN MORTGAGE, INC., A MARYLAND CORPORATION BALTIMORE AMERICAN MORTGAGE CORPORATION, INC., A MARYLAND CORPORATION 3300 SW 34`n Avenue Suite 101 Ocala, FL 34474 P.O. BOX 2026 FLINT, MI 48501-2026 7484 CANDLEWOOD ROAD; SUITE B-J HANOVER, MD 21076 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) 'r 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 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR SELECT PORTFOLIO SERVICING, INC. SELECT PORTFOLIO SERVICING, INC. 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6t" Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13t" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo sification to authorities. March 26, 2009 DATE DAN G. SCHMIEG, ESQUIRE Attorney for Plaintiff C"? ? €-) i-??, ? a T ' -- r f" 1 ' ?' <? ? ? ' ..? C"s? ,: ? ?? _ C. , _ r? ?J ? ? , -- {..- K' f ? ,?_: Cj ?1 A e? ? v' AURORA LOAN SERVICES, LLC. Plaintiff, V. LORA L. DUPERT GERALD L. DUPERT Defendant(s). TO: LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 March 26, 2009 CUMBERLAND COUNTY No. CIVIL 08-6690 GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 "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 77EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257- 9693, is scheduled to be sold at the Sheriffs Sale on SPETEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $249,755.03 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 31290. 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: 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling L215) 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Survey Plan for Reuben E. Diller, prepared by Larry V. Neidlinger, Professional Engineer, dated June 4, 1983, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 44, Page 52, as follows: BEGINNING at an iron pin in the center line of a 50 feet wide private right-of-way in line of land now or formerly of John Bowers at the dividing line between Lots No. 1 and 2; thence along line of said land now or formerly of John Bowers, South 14 degrees 04 minutes 18 seconds East a distance of Four Hundred Six and Eighty-Three Hundredths (406.83) feet to an iron pin at corner of land now or formerly of John Diller; thence along line of said land now or formerly of John Diller, South 77 degrees 43 minutes 50 seconds West, a distance of Four Hundred Thirty-six and Thirty-two Hundredths (436.32) feet to an iron pin; thence still along line of said land now or formerly of John Diller, South 13 degrees 35 minutes 52 seconds East, a distance of Two Hundred Thirty-six and Forty-three Hundredths (236.43) feet to an iron pin; thence South 48 degrees 35 minutes 15 seconds West a distance of Five Hundred Forty-one and Twenty-nine Hundredths (541.29) feet to a point; thence North 15 degrees 30 minutes 15 seconds West a distance of Two Hundred Ninety-nine and Twenty-five Hundredths (299.25) feet to a 10-inch thick oak tree; thence North 55 degrees 07 minutes 45 seconds East, a distance of Three Hundred Twenty-four and Forty-four Hundredths (324.44) feet to an iron pin; thence North 16 degrees 37 minutes 46 seconds West, a distance of Four Hundred Ninety-four and Twenty-one Hundredths (494.21) feet to an iron pin in the centerline of said 50-feet wide,private right-of- way; thence by the centerline of said 50-feet wide private right-of-way which is the dividing line between Lots Nos. 1 and 2, by a curve to the right having a radius of Three Hundred Thirty-six and Fifty Hundredths (336.50) feet an arc distance of Three Hundred Eighteen and Sixty-three Hundredths (318.63) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way by a curve to the left having a radius of Five Hundred Twenty-six and Seventy-one Hundredths (526.71) feet an arc distance of Two Hundred Twenty and Seventy-one Hundredths (220.71) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way, North 75 degrees 59 minutes 27 seconds East, a distance of One Hundred Twenty-four and Forty-five Hundredths (124.45) feet to an iron pin at the place of BEGINNING. THE ABOVE MENTIONED 50-feet wide private right-of-way extending from Township Road T-344 eastwardly to line of land now or formerly of John Bowers is for the joint use of the owners and occupiers of the lands through which said right-of-way passes and their respective heirs, assigns and personal representatives. Said 50-feet wide right-of-way includes the road bed of the approximately 15-feet wide meandering lane which leads from Township Road T-334 eastwardly to land of John Bowers as shown on said Subdivision Survey Plan dated June 4, 1983. THE ABOVE DESCRIBED tract of land contains 9.334 Acres, more or less, and is all of Tract No. 2 as shown on the said Subdivision Survey Plan for Reuben E. Diller dated June 4, 1983 and recorded as aforesaid. See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13, 1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. TITLE TO SAID PREMISES IS VESTED IN Gerald L. Dupert and Lora L. Dupert, h/w, by Deed from Gerald Dupert and Lora L. Dupert, his wife, dated 09/21/2006, recorded 10/11/2006 in Book 277, Page 402. See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13,1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. PREMISES BEING: 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693 PARCEL NO. 41-13-0110-020. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERCIES, LLC., Plaintiff (s) From LORA L. DUPERT and GERLAD L. DUPERT (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 $249,755.03 L.L. $.50 Interest from 3/11/09 to 9/02/09 (per diem - $41.63) -- $7,326.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $177.00 Other Costs Plaintiff Paid Date: 3/30/09 urtis R. L ®rotho7nry (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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. 62205 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. LORA L. DUPERT GERALD L. DUPERT Defendant(s) CIVIL DIVISION NO. CIVIL 08-6690 AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE. PURSUANT TO Pa. R.C.P. 405 OF NOTICF OF SALF. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND 1 SS: I, the undersigned attorney for AURORA LOAN SERVICES, LLC., hereby verify as follows: 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: 317 HIGH MOT INTAIN ROAD, SHIPPF.NSI3IJRG,PA 17257- 9693. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known Lienholders and any known interested party 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 Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". PHELAN, HALLINAN & SCHMIEG, LLP Date: -71 ?0lei By: ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 2067;9- Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. it may not he snld in he ahs n . of a representative of the plain iff 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. 190532 r .b' w. W N H 3 a? 7 0. n ::-, ? C) ? , ? ,- ? --j LL? r ? w N .O Q .'? N ?r z C 3 >s 1 ?w"j `dl7n nwf? o A 7 W N a? "CA r? W N A0o'O NN ?S brG?1Z Gy9 ?O y P- 00 omo A^ 0 9?mG ? >pOe?c? ?d? N? O o MC,)?C/>>C7° r"ra?,-., G Y r]?ntp 7m, n-+0o r? t?o cf?? ??"??v sSZ dx o? 9C.?y???n C7,0 N y An Cn °, K x?tn?"" ?" JonY s I:) glow 0 C 1 a o.-f O O o ?y n co Z d ti > .- x w O Q •? r Q n (D > rte rl Q 'Z u°?+ ?fO0%r ?.rc / C v' .r /, - "n ?n Cn ? ?? r,' ZOO Z 2»°• ?'? o;? ? ? N? ?rT1'Z7 ??Q .30 r4d? .? ??«y3? M "dam jO j>?7 00 m y "? `? r? ? '' ?O O ? ? ??7 0 ,Z ri ta d O Q eD '7d o ,1: O d O ? •? co CT t? W a G ? rs v, t a° 20 o ? o ' ? Mo yo . r " GO ? X F, °. a 0 w v `< N Cs1 rj O .n > Oo to O b ?N ? Y p y wM 9 Y ? ? pt-? r w ray `'? o_ o O o ` ' a Z A ? ? " ? ? ? ? 000 ? ???+ ? w ?°' 0 ?00? Z C O Y O 7??e ' to p N° 7 o ?R° 'd n ° . n. y Ox. O + -4 (? T ? 00 ° t? r w w X Y o o. 3 : - 7 0. w CLi I 3 ' ?'g r o d 2 > cco? d ?+ EE > < ? s o o z b P'a Z Q " ' o? A A W b ~ O b p N ~O? G .Wr C33 G ? 00 C) ? r ?o O r n 1 pW Yob ? y ? 11 V 4 _ o 63 ®PITTIEY HOWES 02 1M $ 04.88" 000421 801 0 MAR 27 2009 , S " s MAILED FROM ZIP CODE 1 91 0 3 r ? z n 8 0 m m ? o h4rt? - t_ R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUM13ERL yNTY OF z f:-1 -- j` l li.' r7ARY Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Aurora Loan Services, LLC vs. Lora L Dupert a „t 2009 D C 14 P, Z? Q 7 cut i !av TY Case Number 2008-6690 SHERIFF'S RETURN OF SERVICE 06/29/2009 07:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1920 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 Lora L. Dupert and Gerald L. Dupert, located at, 317 High Mountain Road, Cumberland County, Pennsylvania according to law. 06/29/2009 07:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1920 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Lora L. Dupert, by making known unto, Lora L. Dupert, personally, at, 317 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/29/2009 07:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 6/29/09 at 1920 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Gerald L. Dupert, by making known unto, Lora L. Dupert, wife personally, at, 317 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania it: contents and at the same time handing to her personally the said true and correct copy of the same. 08/10/2009 Property sale postponed to 10/7/2009. 10/05/2009 Property sale postponed to 12/9/2009. 12/07/2009 Property sale cancelled on 12/7/2009 12/07/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg. SHERIFF COST: $1,568.98 ,/ 1a11&lo9 SO ANSWERS, December 14, 2009 R THOMAS KLINE; S RIFF - u+' "C-0 ? L Lk 734L F (c? GountySu to Sheriff, Teieosott tic ?S / /? AURORA LOAN SERVICES, LLC. r Plaintiff, V. LORA L. DUPERT GERALD L. DUPERT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-6690 AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 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) U.S DISTRICT COURT MD OF PA FEDERAL BUILDING & U.S. COURTHOUSE 228 WALNUT STREET, P.O. BOX 983 HARRISBURG, PA 17108 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, INC. 3300 SW 34'" Avenue Suite 101 Ocala, FL 34474 MERS AS A NOMINEE FOR BALTIMORE AMERICAN MORTGAGE, INC., A MARYLAND CORPORATION BALTIMORE AMERICAN MORTGAGE CORPORATION, INC., A MARYLAND CORPORATION P.O. BOX 2026 FLINT, MI 48501-2026 7484 CANDLEWOOD ROAD; SUITE B-3 HANOVER, MD 21076 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 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR SELECT PORTFOLIO SERVICING, INC. SELECT PORTFOLIO SERVICING, INC. 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo lsification to authorities. March 26, 2009 DATE DAN G. SCHMIEG, ESQUIRE Attorney for Plaintiff AURORA LOAN SERVICES, LLC. Plaintiff, V. LORA L. DUPERT GERALD L. DUPERT Defendant(s). CUMBERLAND COUNTY No. CIVIL, 08-6690 March 26, 2009 TO: LORA L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 GERALD L. DUPERT 317 HIGH MOUNTAIN ROAD SHIPPENSBURG, PA 17257-9693 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONL F ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257- 9693, is scheduled to be sold at the Sheriff s Sale on SPETEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $249,755.03 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: 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 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 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 situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Subdivision Survey Plan for Reuben E. Diller, prepared by Larry V. Neidlinger, Professional Engineer, dated June 4, 1983, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 44, Page 52, as follows: BEGINNING at an iron pin in the center line of a 50 feet wide private right-of-way in line of land now or formerly of John Bowers at the dividing line between Lots No. 1 and 2; thence along line of said land now or formerly of John Bowers, South 14 degrees 04 minutes 18 seconds East a distance of Four Hundred Six and Eighty-Three Hundredths (406.83) feet to an iron pin at corner of land now or formerly of John Diller; thence along line of said land now or formerly of John Diller, South 77 degrees 43 minutes 50 seconds West, a distance of Four Hundred Thirty-six and Thirty-two Hundredths (436.32) feet to an iron pin; thence still along line of said land now or formerly of John Diller, South 13 degrees 35 minutes 52 seconds East, a distance of Two Hundred Thirty-six and Forty-three Hundredths (236.43) feet to an iron pin; thence South 48 degrees 35 minutes 15 seconds West a distance of Five Hundred Forty-one and Twenty-nine Hundredths (541.29) feet to a point; thence North 15 degrees 30 minutes 15 seconds West a distance of Two Hundred Ninety-nine and Twenty-five Hundredths (299.25) feet to a 10-inch thick oak tree; thence North 55 degrees 07 minutes 45 seconds East, a distance of Three Hundred Twenty-four and Forty-four Hundredths (324.44) feet to an iron pin; thence North 16 degrees 37 minutes 46 seconds West, a distance of Four Hundred Ninety-four and Twenty-one Hundredths (494.21) feet to an iron pin in the centerline of said 50-feet wide private right-of- way; thence by the centerline of said 50-feet wide private right-of-way which is the dividing line between Lots Nos. 1 and 2, by a curve to the right having a radius of Three Hundred Thirty-six and Fifty Hundredths (336.50) feet an arc distance of Three Hundred Eighteen and Sixty-three Hundredths (318.63) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way by a curve to the left having a radius of Five Hundred Twenty-six and Seventy-one Hundredths (526.71) feet an arc distance of Two Hundred Twenty and Seventy-one Hundredths (220.71) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way, North 75 degrees 59 minutes 27 seconds East, a distance of One Hundred Twenty-four and Forty-five Hundredths (124.45) feet to an iron pin at the place of BEGINNING. THE ABOVE MENTIONED 50-feet wide private right-of-way extending from Township Road T-344 eastwardly to line of land now or formerly of John Bowers is for the joint use of the owners and occupiers of the lands through which said right-of-way passes and their respective heirs, assigns and personal representatives. Said 50-feet wide right-of-way includes the road bed of the approximately 15-feet wide meandering lane which leads from Township Road T-334 eastwardly to land of John Bowers as shown on said Subdivision Survey Plan dated June 4, 1983. THE ABOVE DESCRIBED tract of land contains 9.334 Acres, more or less, and is all of Tract No. 2 as shown on the said Subdivision Survey Plan for Reuben E. Diller dated June 4, 1983 and recorded as aforesaid. See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13, 1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. TITLE TO SAID PREMISES IS VESTED IN Gerald L. Dupert and Lora L. Dupert, h/w, by Deed from Gerald Dupert and Lora L. Dupert, his wife, dated 09/21/2006, recorded 10/11/2006 in Book 277, Page 402. See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13, 1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. PREMISES BEING: 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693 PARCEL NO. 41-13-0110-020. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERCIES, LLC., Plaintiff (s) From LORA L. DUPERT and GERLAD L. DUPERT (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 $249,755.03 L.L. $.50 Interest from 3/11/09 to 9/02/09 (per diem - $41.63) -- $7,326.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $177.00 Other Costs Plaintiff Paid Date: 3/30/09 Curtis R. g, Prothon ary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as, 317 High Mountain Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: Real Estate Coordinator 4 UG i;?Gt tiio i. N NVI s PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. SWORN TO AND SUBSCRIBED before me this 7 da of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FAIAL IMAM RALK NO. 26 Writ No. 2008-6690 Civil Aurora Loan Services, LLC VS. Lora L. Dupert Gerald L. Dupert Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Newton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with the Subdivision Survey Plan for Reuben E. Diller, prepared by Larry V. Neidlinger, Professional Engineer, dated June 4, 1983, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 44, Page 52, as follows: BEGINNING at an iron pin in the center line of a 50 feet wide private right-of-way in line of land now or formerly of John Bowers at the di- viding line between Lots No. 1 and 2; thence along line of said land now or formerly of John Bowers, South 14 degrees 04 minutes 18 seconds East a distance of Four Hundred Six and Eighty-Three Hundredths (406.83) feet to an iron pin at corner of land now or formerly of John Diller; tbance slong Use of *Wd lewd now or $ r of John Der, South 77 de- Wees 43 minutes 90 seconds west, a d E3e of Four Hundred Th rty-se[ and Thirty-two Hundredths (436.32) feet to an iron pin; *easce so a line of said land now or formerly of John Diller, South 13 degrees 35 minutes 52 seconds East, a distance of Two Hundred Thirty-six and Forty- three Hundredths (236.43) feet to an iron pin; thence South 48 degrees 35 minutes 15 seconds West a dis- tance of Five Hundred Forty-one and Twenty-nine Hundredths (541.29) feet to a point; thence North 15 de- grees 30 minutes 15 seconds West a distance of Two Hundred Ninety-nine and Twenty-live Hundredths (299.25) feet to a 10-inch thick oak tree; thence North 55 degrees 07 minutes 45 seconds East, a distance of Three Hundred Twenty-four and Forty-four Hundredths (324.44) feet to an iron pin; thence North 16 degrees 37 minutes 46 seconds West, a distance of Four Hundred Ninety-four and Twenty-one Hundredths (494.21) feet to an iron pin in the centerline of said 50-feet wide private right-of- way; thence by the centerline of said 50- feet wide private right-of-way which is the dividing line between Lots Nos. 1 and 2, by a curve to the right having a radius of Three Hundred Thirty-six and Fifty Hundredths (336.50) feet an arc distance of Three Hundred Eighteen and Sixty-three Hundredths (318.63) feet to a point; thence still by the centerline of said 50-feet wide private right-of-way by a curve to the left having a radius of Five Hundred Twenty-six and Seventy-one Hun- dredths (526.71) feet an arc distance of Two Hundred Twenty and Seventy- one Hundredths (220.71) feet to a point; thence still by the centerline of said 50-feet wide private right-of- way, North 75 degrees 59 minutes 27 seconds East, a distance of One Hundred Twenty-four and Forty-five Hundredths (124.45) feet to an iron pin at the place of BEG114l!ttNG. THE ABOVE MENTIONED 50-feet wide private ri&t-of-way extend- ing from Township Road T-344 eastwsrdly to line of land now or fc erly of John Bowers is for the joint use of the owners and occupi- ers of the lands through which said right-of-way passes and their re- spective heirs, assigns and personal representatives. Said 50-feet wide right-of-way includes the road bed of the approximately 15-feet wide meandering lane which leads from Township Road T-334 eastwardly to land of John Bowers as shown on said Subdivision Survey Plan dated June 4, 1983. THE ABOVE DESCRIBED tract of land contains 9.334 Acres, more or less, and is alll of Tract No. 2 as shown on the said Subdivision Survey Plan for Reuben E. Diller dated June 4, 1983 and recorded as aforesaid. See the agreement dated November 26, 1984 and recorded in the hereinafter mentioned Recorder's Office on December 13, 1984 in Mis- cellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Diller Estate recorded in Plan Book 47, Page 7. TITLE TO SAID PREMISES IS VESTED IN Gerald L. Dupert and Lora L. Dupert, h/w, by Deed from Gerald Dupert and Lora L. Dupert, his wife, dated 09/21/2006, recorded 10/ 11/2006 in Book 277, Page 402. See the agreement dated November 26, 1984 and recorded in the herein- after mentioned Recorder's Office on December 13, 1984 in Miscellaneous Record Book 301, Page 475 for the location of Laurel Lane as shown on the said Plan of Lots for Reuben E. Biller Estate recorded in Plan Book 47, Page 7. PREMISES BEING: 317 HIGH MOUNTAIN ROAD, SHIPPENSBURG, PA 17257-9693. PARCEL NO. 41-13-0110-020. PROPERTY ADDRESS: 317 High Mountain Road, Sbippensburg,'PA 17257. tie Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 i"he Patr1*otwXews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the alllegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 Sworn to and Subscribed before me this 14 day of August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal j Sherrie L. Kisner, Notary Public I City Of Harrisburg,, Dauphin County I My Commission Expirem Nov. 26, 2011 07/31/09 08/07/09 Member, Pennsylvania Association of Notaries Sate No. 26 Writ No. 200844 Civil Term Aurora Loan Services, LLC Va. Lora L Dupert Gerald L Dupert Atty: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate m South Newton Township, Cumberland County, Pennsylvania, bounded and described ir} accordance with the Subdivision Survey Plan for Reuben E. Diller, prepared by harry V. Neidlinger, Professional Engineer, dated June 4. 1983, a copy of which is recorded in the hereinafter named Recorder's Office in Plan Book 44, Page 52, as follows: BEGINNING ai. an iron pin in the center line of a 50 feet wide private right-of--way in hae of land now or formerly of John Bowers at the dividing line between Lots No, I and 2; thence along line of said land now or formerly of John Bowers, South 14 degrees 04 minutes 18 seconds East a distance of Four Hundred Six and Eighty-Three Hundredths (406.83) feet to an iron pin at comer of land now or fm*y Of John Diller; thence along line of said land now or formerly of John Diller, South 77 degrees 43 minutes SO seconds West, a distance of Four Hundred Thirty-six and Thirty-two Hundredths (436.32) feet to an iron pin; thence still along line of said land now or formerly of John Diller, South 13 degrees 35 minutes 52 seconds East, a distance of Two Hundred Thirty-six and Forty-three Hundredths (236.43) feet to an iron pin; thence nth 48 degrees 35 minutes 15 seconds West a distance of Five Hundred Forty-one and Twenty-nine Hundredths (541,29) feet to a point; thence North 15 degrees 30 minutes 15 seconds West a distance of Two Hundred Ninety-nine and Twenty-live Hundredths (299,25) feet to a 10- inch thick oak tree; thence North 55 degrees 07 minutes 45 seconds East, a distance of Three Hundred Twenty-four and Forty-four Hundredths (324.44) feet to an iron pin; thence North 16 degrees 37 minutes 46 seconds West, a distance of Four Hundred Ninety-four and Twenty-one Hundredths (494.21) feet to an iron, pin in the centerline of said 50-feet wide private right-of- way; thence by the centerline of said 50-feet wide private right-of--way which is the dividing line between Lots NO, 1 and 2, by cur a to the right having- a radius of Three Hundred Thirty-six and Fifty Hundrec?fi (336.50) feet an arc distance of Three Hundred E 01mn and Sixty-three Hundredths (318.6? . ., 1, t1?i ,t4 r4 ltltU .l,l »L,?i`vl ,.: ,aid 50-feet wide private right-of-way by a cu. :o the left having a radius of Five Hundr, Twenty-six and Seventy-one Hundred x526.71) feet,an arc distance of Two Hun,' Twenty and Seventy-one Hundredths feet to a point; thence still by the eentef ,,-- said 50-feet wide private right-of-w i • , N: degrees 59 minutes 27 seconds East, s :., of One Hundred Twenty-four and Pox Hundredths (124,45) feet to an iron pie place of BEGINNINC_l. THE. A;: MENTIONED 5(Weet wide private right-r extending from Township R,,t castwardly to line of land now or John Bowers is for the joint use of the v., and occupiers of the lands through which right-of-way passes and their respective he, assigns and personal representatives, Said feet wift riib -6wrty includas the road bed of the appoatimtely 15-feet wide rs andesing lane wWd kook from Tow Road T-334 east Ip bod of Jelin Iwo as shown on said Subdivision Survey Plan datcd luec ) 983. THE ABOVE DESCRIBED tra. contains 9,334 Acres, more or less, and i> Tract No. 2 as shown on the said Subdi Survey Plan for Reuben E. Diller dated 1983 and recorded as aforesaid. S. agreement dated November 26. * recorded in the hereinafter men,: Recorder's Office on December 13, 1984 Miscellaneous Record Book 301, Page 473 the location of Laurel Lane as sbcqn on the s4),, Plan of Lots for Reuben E. Diller Estar,: recorded in Plan Book 47, Page 7. TITLE I c SAID PREMISES IS VESTED IN Geralc i. Dupert and Lora L. Dupert, hlw, by Deed =oi, Gerald Dupert and Lora L. Dupert, his dated 09/2112006, recorded 1011112006 in B 177. Page 402. See the agreement November 26, 1984 and recorded in hereinafter mentioned Recorder's Office December 13, 1984 in Miseellaneoc,: Book 301, Page 475 for the location of Lane as shown on the said Plan of L;, Reuben E. Biller Estate recorded in Plan 47, Page 7. PREMISES BEING: 317 "i( MOUNTAIN ROAD, SHIPPENSBURG 17257.9693 PARCEL NO. 41-13.0110- "ROPERTY ADDRESS: 317 High Mrsunt:? r k )ad, Shppenstwrg, PA 17257