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HomeMy WebLinkAbout08-7245J 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 PETER 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 192540 AURORA LOAN SERVICES, LLC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff V. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 Defendant 3 7 •4s? ?.a 6m11?.w t f . . w .. .. ? s? Y?i?7?tlri? ? i ?fi`el J ?c?. ?t ?; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM '7 NO. Z Y L"• 14 (.Cn. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 192540 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 #: 192540 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: ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/01/2006 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. 1976, Page 2198. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2008 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 #: 192540 6. The following amounts are due on the mortgage: Principal Balance $125,163.88 Interest $6,242.04 04/01/2008 through 12/08/2008 (Per Diem $24.77) Attorney's Fees $1,250.00 Cumulative Late Charges $85.40 12/01/2006 to 12/08/2008 Cost of Suit and Title Search 750.00 Subtotal $133,491.32 Escrow Credit $0.00 Deficit $395.26 Subtotal 395.26 TOTAL $133,886.58 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 192540 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,886.58, together with interest from 12/08/2008 at the rate of $24.77 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 -?? 13 By: 0 LA NCE T. PHELAN, ESQUIRE 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 CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 192540 LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEING Lots Nos. 17 and 18, Block 'L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99, said lots having a frontage of 100 feet on Valley Street, a depth of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No. 18, Block 'L' of said Plan on the South, and a width of 5.4 feet in the rear. AND BEING the same two lots of ground which Leroy R. Taylor and C. Geraldine Taylor, by their deed dated August 2, 1962 and recorded in Cumberland County Deed Book 20 7229, granted and conveyed to Carl E. Souders and Ardella F. Souders, Grantors herein. PREMISES: 16 VALLEY STREET PARCEL#: 40-22-0489-077 File #: 192540 s 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.RC.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 unworn falsifications to authorities. C omey for Plaintiff gol3Y DATE: P- b - ag C) f ^-? ° n w -..I fi f r' r? 00 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS LEBO ESTHER R JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LEBO ESTHER R the DEFENDANT at 0021:10 HOURS, on the 18th day of December , 2008 at 16 VALLEY STREET CARLISLE, PA 17013-3143 by handing to ESTHER LEBO DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 .00 r 10.00 R. Thomas Kline .00 32.50 12/19/2008 PHELAN HALLINAN & SCHMIEG By. day D ut Sheriff A.D. was served upon y 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. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7245 CIVIL TERM 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 ESTHER R. LEBO, 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 Plaintiff s damages as follows: As set forth in Complaint Interest -12/09/2008 to 01/23/2009 TOTAL I hereby certify that (1) the addresses of the Defen that notice has been given in accordance with Rule 237. 1, $133,886.58 $1,139.42 $135,026.00 dant(s a as shown abov e an (2) co a ched.? ?- Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11,2 PHS 4 192540 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. ESTHER R. LEBO Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7245 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTHER R. LEBO is over 18 years of age and resides at 16 VALLEY STREET, CARLISLE, PA 17013-3143. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. tiuuriicy IVE riau?uii " 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 ESTHER R. LEBO Defendant(s) TO: ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7245 CIVIL TERM CUMBERLAND COUNTY ru il "y DATE OF NOTICE: January 12, 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS 4 192540 ?f eo- i (Rule of Civil Procedure No. 236) - Revised AURORA LOAN SERVICES, LLC. VS. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7245 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered By. T,?. T T?tT If you have any questions concerning this mgt?ie please Damel G. Schm2eg, Esqu' e Attorney or Party Filing 1617 JFK Boulevard, Su 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** against you on JAZZ, !? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 AURORA LOAN SERVICES, LLC. . Plaintiff, V. No. 08-7245 CIVIL TERM ESTHER R. LEBO Defendant(s). . TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $135,026.00 ? Interest from 01/24/2009 - 06/10/2009 $3,063.60 and Costs (per diem -$22.20 ) TOTAL $138,089.60 One Pe ni Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma 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. 192540 w? O a W p? U ?a a 4 v ? w o? O 0 U? d H ?U ? o J aIi 0- a ai a w 0 0 v W ? d H o t wn W M e' M i en ,rt O rt d a a U W l { * V-4 d ?_ . m ,..y4 M . kn N NJ 1 ) a, c-n CO 45 l .? 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. ESTHER R. LEBO Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7245 CIVIL TERM 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: 0 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 unsworn falsification to authorities. D IEL . SCHYIIEG, ESQUIRE Attorney or Plaintiff ?~ ? "^A ? ? ` ..-T? ...T.. . . i " y ?.c? ? ? } ?n " l i 5 5 v ? ?? ? - ? .? es l ^J't AURORA LOAN SERVICES, LLC. CUMBERLAND COUNTY IL Plaintiff, V. COURT OF COMMON PLEAS ESTHER R. LEBO CIVIL DIVISION Defendant(s). NO. 08-7245 CIVIL TERM 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,16 VALLEY STREET, CARLISLE, PA 17013-3143. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 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) JAMES L. LEBO & MARY L. LEBO 104 CHANNEL DRIVE CARLISLE, PA 17013 JAMES L. LEBO & MARY L. LEBO 19 W. SOUTH STREET C/O MICHAEL A. SCHERER CARLISLE, PA 17013-3432 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 CORPORATION, INC. BALTIMORE AMERICAN MORTGAGE CORPORATION, INC. P.O. Box 2026 Flint, MI 48501-2026 3300 SW 34'h Avenue Suite 101 Ocala, FL 34474 7484 CANDLEWOOD ROAD SUITE B-J HANOVER, MD 21076 ANNA MAE SMITH 1203 YORK ROAD f MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be 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 HOMECOMINGS FINANCIAL, LLC. HOMECOMINGS FINANCIAL, LLC. reasonably ascertained, please indicate) 16 VALLEY STREET CARLISLE, PA 17013-3143 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 2711 N. HASKELL AVENUE DALLAS, TX 75204-2911 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 unswo7si ono uthorities. Feb _ 24, 2009 DATE G. SC MIEG, ESQUIRE Attorney for Plaintiff r? ' ? Il AURORA LOAN SERVICES, LLC. Plaintiff, V. ESTHER R. LEBO Defendant(s). CUMBERLAND COUNTY No. 08-7245 CIVIL TERM February 24, 2009 TO: ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 16 VALLEY STREET, CARLISLE, PA 17013-3143, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,026.00 obtained by AURORA LOAN SERVICES, LLC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEING Lots Nos. 17 and 18, Block W, of that certain Plan of Lots known as Carlisle Manor Eatention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page ", said lots having a frontage of 100 feet on Valley Street, a depth of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No. 18, Block IL' of said Plan on the South, and a width of 5.4 feet in the rear. AND BEING the same two lots of ground which Leroy R. Taylor and C. Geraldine Taylor, by their deed dated August 2, 1962 and recorded in Cumberland County Deed Book 20 7 229, granted and conveyed to Carl E. Souders and Ardelia F. Souders, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Esther R. Lebo, widow, by Deed from Carl E. Souders and Ardella F. Souders, h/w, dated 12/20/1990, recorded 12/20/1990 in Book X-34, Page 542. PREMISES BEING: 16 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-077 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7245 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Aurora Loan Services, LLC Plaintiff (s) From Esther R. Lebo (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 $135,026.00 L.L.$.50 Interest from 01/24/2009 - 06-10/2009 (per diem - $22.20) $3,063.60 and costs Atty's Comm % Atty Paid $151.50 Plaintiff Paid Date: February 25, 2009 (Seal) Due Prothy $2.00 Other Costs s R. Lo , ro ono By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICES, LLC. / No. 08-7245 CIVIL TERM DEFENDANT(S) ESTHER R. LEBO ACCT. #192340 SERVE ESTHER R. LEBO AT: 16 VALLEY STREET Type of Action CARLISLE, PA 17013-3143 - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to Z' 7KAI, Defendant, on the , day of _ . at o'clock m., at 14 1:2 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. C K Adult family member with whom Defendant(s) reside(s). Name and Relationship is 4) /61 i4c.??? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ? Height SLLk Weight 160- Race J,?J2_ Sex A Other I, A?? 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 Sheriffs Sale in the manner as set fotherein, issued in the captioned case on the date and at the address indicated above. / Sworn to and subscribed +%enneth W. Baker before me this _V 79' day 19 Bisbee D"Ve No fTi1 .2007. By. Burl n Nj,oft6 PLEASE ATTE SERVICE AT LEAST 3 MMES. INDICATE DATES & TIMEVISS OF SERVICE ATTEMPTED. THEODORE J• HARRIS NOTSERVED On the NO g I" JERSEY 200. at o'clock _.m., Defendant NOT FOUND because: lg ION EXPMES' M, COMM Moved Unknown . No Answer Vacant 1st Attempt: / 1 Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of . 200. Notary: 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMM, Esquire I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (213) 563-7000 27 y ? Ci= s L 0 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. ESTHER R. LEBO Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7245 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 11, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on January 26, 2009 in the amount of $135,026.00. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure_1037kb)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 10, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $125,163.88 Interest Through June 10, 2009 $10,652.46 Per Diem $24.43 Late Charges $85.40 Legal fees $1,725.00 Cost of Suit and Title $1,161.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $12.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.54) Escrow Deficit $395.80 TOTAL $139,195.50 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 2A 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: I! 4E 11 V-?- Phel H nan & ieg, LLP By: Michele M. Bradfork It squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. ESTHER R. LEBO CUMBERLAND County No. 08-7245 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ESTHER R. LEBO executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 16 VALLEY STREET, CARLISLE, PA 17013-3143. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Co1poration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Ph an & Schmieg, LLP DATE: By: M ele M. Br ord, Esquire Attorney for Pl tiff Exhibit "A" 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 PETER 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 f215) 563-7000 192540 AURORA LOAN SERVICES, LLC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 Plaintiff v. n?i T ? ca° d _ .r; m cj rn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Off- ? )-- 4/S' c, r,' J ( ? 0-/-m CUMBERLAND COUNTY ESTHER R. LEBO 16 VALLEY STREET Cert?Y tend CARLISLE, PA 17013-3143 Vfe hereby uvithin to be ? true Defendant correct COPY of the ®riginaj filQd of ?recAr CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE AMRNEY FILE COPY PLf,4SE RETURN Fete #: 192540 VERIFICATION Y 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. C cvtlz-0) - orney for Plaintiff qdq DATE: 6 - O8 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 #: 192540 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: ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/01/2006 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. 1976, Page 2198. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2008 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 #: 192540 6. The following amounts are due on the mortgage: Principal Balance $125,163.88 Interest $6,242.04 04/01/2008 through 12/08/2008 (Per Diem $24.77) Attorney's Fees $1,250.00 Cumulative Late Charges $85.40 12/01/2006 to 12/08/2008 Cost of Suit and Title Search $750.00 Subtotal $133,491.32 Escrow Credit $0.00 Deficit $395.26 Subtotal 395.26 TOTAL $133,886.58 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in 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 #: 192540 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $133,886.58, together with interest from 12/08/2008 at the rate of $24.77 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 C By. Gh-JAIMp -M ` LA NCE T. PHELAN, ESQUIRE 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 CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 192540 LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEING Lots Nos. 17 and 18, Block'L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99, said lots having a frontage of 100 feet on Valley Street, a depth of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No. 18, Block'L' of said Plan on the South, and a width of 5.4 feet in the rear. AND BEING the same two lots of ground which Leroy R. Taylor and C. Geraldine Taylor, by their deed dated August 2, 1962 and recorded in Cumberland County Deed Book 20 7229, granted and conveyed to Carl E. Souders and Ardella F. Souders, Grantors herein. PREMISES: 16 VALLEY STREET PARCEL#: 40-22-0489-077 File #: 192540 Exhibit "B" 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. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 1TTORNEY FILE.CoNorney for Plaintiff PLEASE RMRN CUMBERLAND COUNTY n COURT OF COMMON PLEA' CIVIL DIVISION ?.' No. 08-7245 CIVIL TERM C- PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES IX3 Iv m ..o w 0 'n 'T i --r- a 5.,a -v Q c,, TO THE PROTHONOTARY: WrOR-NV FILE COPY PLEASE RF-IRAI Kindly enter judgment in favor of the Plaintiff and against ESTHER R. LEBO, 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 Plaintiff's damages as follows: . As set forth in Complaint $133,886.58 Interest - 12/09/2008 to 01/23/2009 1 1? . 39.42 TOTAL $135,026.00 I hereby certify that (1) the addresses of the Defendants e as shown above, an (2) that notice has been given in accordance with Rule 2233 co att ched. =ORNEY RLE CM Daniel G. Schmieg, Esquire PLEASE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 4UO? PN5 # 192540 PRO PROTHY Exhibit "C" Q?.4N?a..? ?,yQ' E TO O U C O C 'v E° y v ? C 6 9 ? Q 7 O U N E C N ? X R E r. 0 6 l 3000 dl- IN08A 031MIJ ZDOZ LZzid? OL086ZbCi00 F N C '- 001, 30 Wl Z? ° . E ? a o S lV$O" T. M1 (r 5; O C d U O O `6 E a 5 N v ? E x E o •' R ooE?°• 'O C N,.COcO v, l-? oU9 C ? R C U C V 7 E O ? y .'^ O U W y ? J R ° U ? U T ? R o °o E . 0 M 4 . 0 M ° ° ° M ? °.E x C . R tl rl V ? _ I .. R E C r ? ^ ? o o ? Vi Q o00 o X00 ? // ' V ; r_ G> " ~I a c ? o ° O Q v v o w i a W z r a a ? F V W O ++ W ly T ? a u ? c .a cn ? O ??? ^C W ? a y ?. 4„1 i O z W ?a ? a0 Z W a ISMhrl F '.?.v3i 69 C?i Ha Z ? N O? c Q, o 'b L a °0.l CC vii 'C7 T L. lu M 00 Z Q O VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: d By: P al MBradooo-rd, Esquire Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC. Plaintiff V. ESTHER R. LEBO ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7245 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 DATE: t eg, LLP Phel llinan Huire By: Michele M. Bra , Attorney for Plaintiff ALEU-tat i GEL OF THEE Pl I11 - NOTARY 2009 MAY -5 AEI 9: 5 0 GU?.?ti.: -,,• :t .sly; i `i" PENNSYl-VANA MAY 0 6 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ESTHER R. LEBO No. 08-7245 CIVIL TERM Defendant RULE AND NOW, this 1 day of I?' 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the day of 2009, at .33o. in tie-Fein Courtroom of the Cumberland County Courthouse, Carlisle, Penn a. YT T J. p ? O M r p 41 C li :ZI Wd L- IVW 600Z Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradford(ci)fedphe.com ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 192540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ESTHER R. LEBO Defendant(s) NO. 08-7245 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa R CP_ 405 OF NOTICE OF SALE. Esq., attorney for AURORA LOAN SERVICES, LLC., herby verify as follows: 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. 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 as Exhibit "A". Date: S1 rOAt'_6 l By: PHELAN HALLINAN & SCHMIEG, LLP ?6 j L"_. - - Lawrence T. Phelan, Esquire, Id. No. 3227 Francis S. Hallinan, Esquire, Id. No. 62695 Daniel G. Schmieg, Esquire, Id. No. 62205 Michele M. Bradford, Esquire, Id. No. 69849 Judith T. Romano, Esquire, Id. No. 58745 Sheetal R. Shah-Jani, Esquire, Id. No. 81760 Jenine R. Davey, Esquire, Id. No. 87077 Lauren R. Tabas, Esquire, Id. No. 93337 Vivek Srivastava, Esquire, Id. No. 202331 Jay B. Jones, Esquire, Id. No. 86657 Peter J. Mulcahy, Esquire, Id. No. 61791 Andrew L. Spivack, Esquire, Id. No. 84439 Jaime McGuinness, Esquire, Id. No. 90134 Chrisovalante P. Fliakos, Esquire, Id. No. 94620 Joshua I. Goldman, Esquire, Id. No. 205047 Attorneys for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he 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. 192540 w w w o U a o? a ?z C7 ov'`n On c U u (L) 000 0 Uw•Ct J9 b a O ?O a •o edbw zoo d A ? P. .G t. W ao ?.? ? v y O C 6?9 C7 Q ? N U N Q-0! 6L 3aQOdIZ It+Jn23j (]3llVW c E U 9 a 6002 Z 82=1 0 108 LZti000 OUTO s3mom umlia Mxwuiu, G Z t q E ut .o o d o ammommomomAl o ?b''&Od 6015, 1 0o G 3 ° a ? l' G G C` C W u ° o Sr E . . ?_ Q C L M Li ? O _ yy L ? d U N N ? 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L[7 a. 0 °? t 0 y m w Me mow" Wd? o V ja"`o Po w - N UZ? ?o. w d ( a ? ?Q h o a °z ,t zoN ow? ??a wgffl a o ?v, ? N ° ?" ? o w s o?Aw g U ??N w H ? W. pGW UO E',. o Qy' dud. p "s ' u Q ZX ? M O HUR R O r 0? G C/I w z M 4 k IBC '. 0. W N , ) m` z x U L Q o0 4 ? C/J w ON wa ? o ? Y ? ?+ N M tT ? ?O l? oo C? ? z ?'+ . C QP THE PR7: 2009 MAY -8 Ali 1 i : 4 5 V2Y?_t _? s t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ESTHER R. LEBO No. 08-7245 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 7, 2009 Rule noting a Rule Return date of June 11, 2009 was sent to the following individual on the date indicated below. ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 DATE: 10 helan Hallinan & Schmieg, LLP By: h le M. Brad d, Esquire Attorney for Plaintiff OF THE PROTHONOTARY 2089 JUN -5 AM 10: 16 CUW& A-1,L) Gout Y PENNSYLVANiA 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ESTHER R. LEBO No. 08-7245 CIVIL TERM Defendant ORDER AND NOW, this 1+' day of 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $125,163.88 Interest Through June 10, 2009 $10,652.46 Per Diem $24.43 Late Charges $85.40 Legal fees $1,725.00 Cost of Suit and Title $1,161.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $12.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance It -V Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.54) Escrow Deficit $395.80 TOTAL $139,195.50 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY COURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(@fedDhe.com /ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 07 %, GS e" tu 192540 F1LUD -OFFICE OF "M PROTHONOTARY 2009 JUN I I PM 4: 0 3 y.?L- , ! 'fig :.ii...7 I..t'1r'?."' a.?v?VN t PENNSYLVANIA r r?r ??? -? ''-r nr gin- F '.r'i .r r e ? ? II?Q In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7245 Civil Term Aurora Loan Services, LLC Vs Esther R. Lebo 2 J;9 C' T 12 11 J Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1117 hours, she 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: Esther R. Lebo, by making known unto Esther R. Lebo, personally, at, 16 Valley St, Carlise, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0830 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 Esther R. Lebo, located at, 16 Valley Street, Carlisle, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Esther R. Lebo, by regular mail to her last known address of 16 Valley Street, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriff s Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 15.49 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 9.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 257.63 Share of Bills So Answers, R. Thomas Kline, Sheriff i By Real Estate Coordinator 15.43 709.95 ? i??a xltr 9- ow Co sU CA- 172 i AURORA LOAN SERVICES, LLC. ' CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS ESTHER R. LEBO CIVIL DIVISION Defendant(s). NO. 08-7245 CIVIL TERM 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 ,16 VALLEY STREET, CARLISLE, PA 17013-3143. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 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) JAMES L. LEBO & MARY L. LEBO 104 CHANNEL DRIVE CARLISLE, PA 17013 JAMES L. LEBO & MARY L. LEBO 19 W. SOUTH STREET C/O MICHAEL A. SCHERER CARLISLE, PA 17013-3432 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. P.O. Box 2026 Flint, MI 48501-2026 MERS AS A NOMINEE FOR BALTIMORE AMERICAN MORTGAGE CORPORATION, INC. BALTIMORE AMERICAN MORTGAGE CORPORATION, INC. 3300 SW 30 Avenue Suite 101 Ocala, FL 34474 7484 CANDLEWOOD ROAD SUITE B-J HANOVER, MD 21076 ANNA MAE SMITH 1203 YORK ROAD MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) !None Name and address of every other person who has any record interest in the property and whose terest may be affected by the sale. ame Last Known Address (if address cannot be reasonably ascertained, please indicate) one 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: ame 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 HOMECOMINGS FINANCIAL, LLC. HOMECOMINGS FINANCIAL, LLC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 16 VALLEY STREET CARLISLE, PA 17013-3143 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 2711 N. HASKELL AVENUE DALLAS, TX 75204-2911 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 unsworn si i tion uthorities. February 24, 2009 DATE G. SC IEG, ESQUIRE Attorney for Plaintiff e , ./A a , AURORA LOAN SERVICES, LLC. Plaintiff, V. ESTHER R. LEBO Defendant(s). TO: ESTHER R. LEBO 16 VALLEY STREET CARLISLE, PA 17013-3143 CUMBERLAND COUNTY No. 08-7245 CIVIL TERM February 24, 2009 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 16 VALLEY STREET, CARLISLE, PA 17013-3143, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $135,026.00 obtained by AURORA LOAN SERVICES, LLC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance' with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. op , ..,L ' 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland , Pennsylvania, more particularly described as follows: BEING Lots Nos. 17 and 18, Block'L', of that certain Plan of Lots known as Carlisle Manor Extent on, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99, said lots having a frontage of 100 feet on Valley Street, a dept of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No 18, Block ILI of said Plan on the South, and a width of 5.4 feet in the rear. AND EING the same two lots of ground which Leroy R. Taylor and C. Geraldine Taylor, by their eed dated August 2, 1962 and recorded in Cumberland County Deed Book 207229, grant d and conveyed to Carl E. Souders and Ardella F. Souders, Grantors herein. i i TITLE TO SAID PREMISES IS VESTED IN Esther R. Lebo, widow, by Deed from Carl E. Souders and A ella F. Souders, h/w, dated 12/20/1990, recorded 12/20/1990 in Book X-34, Page 542. BEING: 16 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-077 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-7245 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Aurora Loan Services, LLC Plaintiff (s) From Esther R. Lebo (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 $135,026.00 L.L.$.50 Interest from 01/24/2009 - 06-10/2009 (per diem - $22.20) $3,063.60 and costs Atty's Comm % Due Prothy $2.00 Atty Paid $151.50 Other Costs Plaintiff Paid Date: February 25, 2009 (Seal) is R. Lon notary By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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. 62205 ' a D -r -,y head L• In Test t;. a pa, and the sE<< a£y?. Th c ?, , Real Estate Sale # 76 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 16 Valley Street, Carlisle, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: 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: May 1, May 8, and May 15, 2009 Affant 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. sa Marie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 15 day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28.2010 R1RAL 1W ATS a" NO. 76 Writ No. 2008-7245 Civil Aurora Loan Services, LLC VS. Esther R. Lebo Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly de- scribed as follows: BEING Lots Nos. 17 and 18, Block 'L', of that certain Plan of Lots known Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99, said lots having a frontage of 100 feet on Valley Street, a depth of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No. 1$, ilk 'L' of acid Plan on !tho Boaft, and a width of 5.4 feet in the 1r. AND BE114G the some two lots of Xro%Wd *hick Leroy R. Ttoor rind C. Ger*WKW Taylor, by their deed dated August 2, 1962 and recorded in Cumberland County Deed Book 20 7229, granted and conveyed to Carl E. Souders and Ardella F. Souders, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Esther R. Lebo, widow, by Deed from Carl E. Souders and Ardella F. Souders, h/w, dated 12/20/1990, recorded 12/20/1990 in Book X-34, Page 542. PREMISES BEING: 16 VALLEY STREET, CARLISLE, PA 17013- 3143. PARCEL NO. 40-22-0489-077. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn to Ds'cribed before mle this 1,2 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheme L Kisner, Notary Public City Of Harrisburg; Dauphin Couray My Corrmloslon Expires Nov. M 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 76 Writ No. 2008-7245 Civil Term Aurora Loan Services, LLC VS Esther R. Lebo Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THOSE CERTAIN two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEING Lots Nos. 17 and 18, Block `L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99, said lots having a frontage of 100 feet on Valley Street, a depth of 176.82 feet along Bolton Avenue on the North, a depth of 150 feet along the southern line of Lot No. 18, Block 'L' of said Plan on the South, and a width of 5.4 feet in the rear. AND BEING the same two lots of ground which Leroy R. Taylor and C. Geraldine Taylor, by their deed dated August 2,1962 and recorded in Cumberland County Deed Book 20 'P' 229, granted and conveyed to Carl E. Souders and Ardella F Souders, Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Esther R. Lebo, widow, by Deed from Carl E. Souders and Ardella F. Souders, h/w, dated 12/ 20/1990, recorded 12/20/1990 in Book X-34, Page 542. PREMISES BEING: 16 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-077 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 C"1 -?3 Attorney For Plaintiff cry r-- r? riw3 o` M CA) t P " r e? AURORA LOAN SERVICES, LLC. Plaintiff vs ESTHER R. LEBO Defendant Court of Common Pleas Civil Division _? cn : CUMBERLAND County : I No. 08-7245 CIVIL TERM TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. 1)ate: le)IIIIELAN I JNAI j& SCI IM11?G, 111) By: 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 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ,drew C. Bramblett, Esq., Id. No. 2081375, Allison F. Wells, Esq., Id. No. 309519 PHS# 192540 Attorneys for Plaintiff aa`? 103 °3