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HomeMy WebLinkAbout09-6189 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 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 /Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 Plaintiff v. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER 50 LAMPPOST LANE LANCASTER, PA 17602-1556 Defendants ATTORNEY FOR PLAIN16FF 215664 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 215664 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 Notk are served by entering a written appearance personally or by attorney and filing in writing wij 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 Y?u 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 DI NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW; THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYJ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL 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 #: 215664 1. Plaintiff is AURORA LOAN SERVICES, LLC. 2617 COLLEGE PARK SCOTTSBLUFF, NE 69361-2294 2. The name(s) and last known address(es) of the Defendant(s) are: LOWELL D. NEWCOMER, I RENEE E. NEWCOMER 50 LAMPPOST LANE LANCASTER, PA 17602-1556 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 01/06/2006 mortgagor(s) made, executed and delivered a mortgage upon the preen ses hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS" INCORPORATED AS A NOMINEE FOR UNIVERSAL SAVING BANK, F.A. whi?h mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1937, Page 1283. By Assignment of Mortgage recorded 12/26/21( the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED which Assignment is recorded in Assignment of Mortgage Instrument No. 200747288. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage assignment(s), if any, are matters of public record and are incorporated herein by 7 reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff frot* its obligations to attach documents to pleadings if those documents are of public record. I 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 mortgage due 05/01/2009 and each month thereafter are due and unpaid, and by the ti of said mortgage, upon failure of mortgagor to make such payments after a date File #: 215664 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $99,205.80 Interest $3,088.85 04/01/2009 through 09/10/2009 (Per Diem $18.95) Attorney's Fees $1,250.00 Cumulative Late Charges $170.65 01/06/2006 to 09/10/2009 Cost of Suit and Title Search 0.00 Subtotal $103,715.30 Escrow Credit $0.00 Deficit $299.07 Subtotal $299.07 TOTAL $104,014.37 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above',, i be less than the amount demanded based on work actually performed. The attorney's] requested are in conformity with the mortgage and Pennsylvania law. Plaintiff its right to collect attorney's fees up to 5% of the remaining principal balance in the e1v the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity oft 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 File #: 215664 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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/?r Notice of Default as required by the mortgage document, as applicable, have been setj to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided said notice has terminated because Defendant(s) has/have failed to meet with the Plail of or an authorized consumer credit counseling agency, or has/have been denied assistarj by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage premises is ngtl the principal residence of Defendant(s). File #: 215664 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $104,014.37, together with interest from 09/10/2009 at the rate of $18.95 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 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 ?;KAndrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 215664 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated April 27, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504)(33 feet wide), atlE corner of lands now or formerly of Earl C. Moose, said point of beginning being measured arc the said center line of Sterretts Gap Road in a northerly direction, the distance of 15.00 feet its point of intersection with the north line of Lot No. 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction, the distanco of 82.00 feet from its point of intersection with the north line of an unnamed 33 foot wide road„ thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 00 minutes East along lands now or formerly of Edna Raudabaugh, the distance of 110.00 fee to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the 'l mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mention 'c point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Road, Carlisle, Pennsylvania. a File #: 215664 BEING THE SAME PREMISES which James A. Strader and Margaret A. Strader, formerly known as Margaret A. Boyer, husband and wife, by Deed dated June 25, 1998, and recorded June 29, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 180, Page 153, granted and conveyed unto Lance N. Diehl and Miste M. Diehl, husband and wife, Grantors herein. ADDRESS: 1828 STERRETTS GAP AVENUE PARCEL NO. 29-17-1585-010 File #: 215664 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within ti 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 Foreclo are based upon information supplied by Plaintiff and are true and correct to the best of my knowledg 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. DATE: M/( O7 Z 5 Attorney for Plaintiff File # 215664 GD RLED-;:;H-11" C P r:. °?1^fhRY THE M9 SEP 14 All 11: U 5 NITY LA9J 020 99094(6 ? a3osry Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy d FILED-C'T:iG OF THE: F F' , :-?'APY 2089 CST -7 AM 8: 47 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Aurora Loan Services, LLC vs. Lowell D. Newcomer, I rL `; VIN „;>a Case Number 2009-6189 SHERIFF'S RETURN OF SERVICE 09/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lowell D. Newcomer I, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/14/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Renee E. Newcomer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lancaster County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/17/2009 02:28 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 17, 2009 at 1428 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lowell D. Newcomer I, by making known unto Judy Nowell, adult in charge at 1828 Sterretts Gap Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/28/2009 Lancaster County Return: And now, September 28, 2009 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Lowell D. Newcomer I. the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Lancaster and therefore return same NOT FOUND. Renee D. Newcomer advised Deputy's that the defendant is residing at 1828 Sterrets Gap Avenue Carlisle, PA 17013. 09/28/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Renee E. Newcomer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Renee E. Newcomer. The Carlisle Postmaster has advised the defendant has moved and left no forwarding address. An exact address is not available. 09/28/2009 Lancaster County Return: And now September 28, 2009 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Renee E. Newcomer by making known unto herself personally, at The Lancaster County Sheriffs Office 50 N. Duke Street Lancaster, PA 17608 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $68.40 SO ANSWERS, A"Qe?? October 06, 2009 R THOMAS KLINE, SHERIFF Au y e i 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 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. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6189 CIVIL TERM LOWELL D. NEWCOMER, I CUMBERLAND COUNTY RENEE E. NEWCOMER A/K/A RENEE NEWCOMER A/K/A RENEE ROHRER D/B/A R & B TRANSPORT Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 215664 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attoxmv for Plaintiff Y: 'A -')k AZ UL-L-1 32227 ? La T. Phelan, Esq., r...1 ? Fr Is S. Hallinan, Esq., I 2695 D 1 G. Schmieg, Esq., Id. No. 62205 ? ? Michele M. Bradford, Esq., Id. No. 69849 ? J dit h T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 nine 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. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-6-09 PHS #: 215664 VERIFICATION hereby states that he/she is of AURORA LOAN SERVICES, LLC., servicing agent for Plaintiff 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 unsworn falsification to authorities. D.,Q \D Obi Name: Title. Company: AURORA LOAN SERVICES, LLC. File #. 215664 Newcomer 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 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. Plaintiff VS. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER A/K/A RENEE NEWCOMER A/K/A RENEE ROHRER D/B/A R & B TRANSPORT Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-6189 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: LOWELL D. NEWCOMER, I 50 LAMPPOST LANE LANCASTER, PA 17602-1556 PHS #: 215664 RENEE E. NEWCOMER A/K/A RENEE NEWCOMER A/K/A RENEE ROHRER DB/A R & B TRANSPORT 50 LAMPPOST LANE LANCASTER, PA 17602-1556 Phelan Hallinan & Schmieg, LLP A oV 'tnev for Plaintiff By: ,/ a-? Uy- ? La ence T. Phelan, E , Id. No. 32227 ? Fr cis S. Hallinan, E q., Id. NN 0.62695 ? Daniel G. Schmieg, sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Ju ith T. Romano, Esq., Id. No. 58745 ? eetal 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. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-6-09 PHS #: 215664 FLU me THr F,;-, 4,TAY 2009 CC 1 -8 Pi 2: :i s 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 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6190 CIVIL TERM WILLIAM JOSEPH KIBE, II CUMBERLAND COUNTY AMY L. KIBE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 216038 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP A-ftrnev for Plaintiff _ B wrrrce T. Phelan, Esq Id. No. 32227 ancis S. Hallinan, Esq Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-6-09 PHS #: 216038 ,a VERIFICATION Assistant $ecretary Whitney K. Goeii hereby states that he/she is of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE 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 unsworn falsification to authorities. n i DATE: Name: i n Cook ssistant Secretary Company: CHASE HOME FINANCE LLC File #: 216038 Kibe n',????' 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 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff VS. WILLIAM JOSEPH KIBE, II AMY L. KIBE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-6190 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true 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: WILLIAM JOSEPH KIBE, II 11745B HARVEST BOULEVARD FORT DRUM, NY 13603-3130 PHS #: 216038 AMY L. KIBE 11745B HARVEST BOULEVARD WATERTOWN, NY 13603-3130 Hallinan & Schmieg, LLP iv for Plaintiff By: ? LFnis nce Phelan, Esq., No. 32227 ? Fr S. Hallinan, Esq. d. No. 62695 ? D el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne 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 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 10-6-09 PHS #: 216038 FILED--& l-*E F r, ?.?,,7;ARY OF THE 2004 OCT -8 Fi'? 2: 25 l , r~.? ? ??fib ?.a 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 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 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6189 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 LOWELL D. NEWCOMER, I, and RENEE E. NEWCOMER, 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 $104,014.37 Interest - 09/11/2009 to 11/06/2009 $1,080.15 TOTAL $105,094.52 I hereby certify that (1) the Defendants' last known address is 50 LAMPPOST LANE LANCASTER, PA 17602-1556, and mortgaged premises located at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249, and (2) that notice has been given in accordance with Rule 237.1, copy attached. l / n T. Phelan, aquire 'Daniel G Sig, 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire (Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / p //)/IA L-- PHS # 215664 PROTHONOTARY 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 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. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 AURORA LOAN SERVICES, LLC. VS. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6189 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 LOWELL D. NEWCOMER, I is over 18 years of age and resides at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249. (c) that defendant RENEE E. NEWCOMER is over 18 years of age and last known address is 50 LAMPPOST LANE, LANCASTER, PA 17602-1556, and mortgaged premises located at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-12499 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? La nce Phelan, Es ., Id. No. 32227 ? F cis 5 Hallinan, q., Id. No. 62695 ? Daniel G. g, 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 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff AURORA LOAN SERVICES, LLC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6189 CIVIL TERM LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Defendant(s) TO: RENEE E. NEWCOMER 50 LAMPPOST LANE LANCASTER, PA 17602-1556 DATE OF NOTICE: October 21, 2009 CUMBERLAND COUNTY 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 PURPOSRIF 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRI'T'ING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 215664 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. 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 By: Lawrence T. elan, 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 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 215664 AURORA LOAN SERVICES, LLC. V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-6189 CIVIL TERM LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Defendant(s) TO: LOWELL D. NEWCOMER, I 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 DATE OF NOTICE: October 21, 2009 CUMBERLAND COUNTY 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. EMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ERRING A LAWYER. PHS # 215664 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. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 kPhe ) 249-3166 (717) 240-6195 By: Lawrensq., I d. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie& 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 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 215664 AURORA LOAN SERVICES, LLC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. 09-6189 CIVIL TERM LOWELL D. NEWCOMER, I CUMBERLAND COUNTY RENEE E. NEWCOMER Defendant(s) TO: RENEE E. NEWCOMER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 DATE OF NOTICE: October 21, 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. EWPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 215664 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. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 A ---- 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 Jenne 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 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 215664 _v 1. s ?Gz° 1rC,V -9 ; i i i :: 'j $1&? op p o ATM ??,?' 8?38?8 a 330215 ftr,+Ce M"j (Rule of Civil Procedure No. 236) - Revised AURORA LOAN SERVICES, LLC. VS. LOWELL D. NEWCOMER, I 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 RENEE E. NEWCOMER 50 LAMPPOST LANE LANCASTER, PA 17602-1556 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-6189 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 11 1069 B .l TT=_ If you have any questions concerning this matter please contact: ? 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 ? hrisovalante P. Fliakos, Esq., Id. No. 94620 0J Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY r,,, AURORA LOAN SERVICES, LLC. DEFENDANT LOWELL D. NEWCOMER, I RENEE NEWCOMER A/K/A RENEE ROHRER D/B/A R & B TRANSPORT A/K/A RENEE E. NEWCOMER SERVE LOWELL D. NEWCOMER, I AT: 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 SERVED C ~ PHS # 215664 ~' ° ' rri T a , SERVICE TEAMI iin ~ -~' .. i T7 ~ f'(ry ~ - _ t ~_ ~ ~ COURT NO.: 09-6189 CI~.t-~E R1~ ~"r~ a•- -11 ,-., ' ~ ~~ c ~ Cr_` _ fV ~t'r't TYPE OF ACTION o XX Notice of Sheriff s Sale tv SALE DATE: 06/02/2010 Served and made known to (.0 W 61A. ~. ~ EWCOM~Defendant on the ~ day of ~ ~ , 20~ b , at 1: Pt , o'clock ~. M., at 18ZSt STERet~rrs Csfi~ lW E. , in the manner described below: ~/ Defendant personally served. Allusu~, P _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant'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 office or usual place of business. _ an officer of said Defendant's company. Other: /I, Description: Age SDS Height b I Weight ~~~ Race w Sex ~ Other I, ~d7~~t-fl ! ~/W u- , 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 forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this ~~• day of , 2 Not By: On the day of , 200 , at _ _ Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed ofore me this ~~ day B > y. Notary: KIMBERLY CURTY t NOTARY PUBLIC STA'PE OF NEW JERSEY ~/ COMMISSION EXPIRES MARCH 7, 2013 ~~~~ L NOT SERVED o'clock _. M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant) ATTORNEX FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. NalBnan, Esq., Id. No. 62695 Daniel G. Schmicg, Esq., Id. No.62205 MkhNc M. Bradford, Esq., Id. No. 69849 Judilh T. Romano, Esq., Id. No. 58745 Shee[al R Shah-Joni, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Yivek 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 Chrlsovalante P. Fltakos, Fsq., Id. No.94620 Joshua 1. Goldman, Esq„ Id. No. 20504? Courtenay R. Dunn, Fsq., [d. No. 206774 Andrew C. Bramblett, Esq., -d. No. 208375 (hte Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suik 1400 Philadelphia, PA 19103-1814 ~. Y • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY AURORA LOAN SERVICES, LLC. PHS # 215664 DEFENDANT SERVICE TEAM/ iin LOWELL D. NEWCOMER, I RENEE NEWCOMER A/K/A RENEE ROHRER D/B/A COURT NO.: 09-6189 CIVIL TERM R & B TRANSPORT A/K/A RENEE E. NEWCOMER SERVE LOWELL D. NEWCOMER, I AT: TYPE OF ACTION 1828 STERRETTS GAP AVENUE XX Notice of Sheriff s Sale CARLISLE, PA 17013-1249 SALE DATE: 06/02/2010 SERVED Served and made known to ~ ,Defendant on the day of ~, Zp ~~ at `-2~o'clock~. M., at ~rJ~ , in the manner described below: ~GDefendant personally served. ve ~S~ ,~ .z -Adult family member with whom Defendant(s) reside(s). Relationship is -Adult in charge of Defendant'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 office or usual place of business. - an officer of said Defendant's company. - Other: Description: Age `1'J ' S~ Height ~ ` .Z Weight ~ Race ~ Sex ~ Other I, O D , a competent adult, being duly sworn according to law, depose and state that I personally hande a tru and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above~da( ~/~~~~ Sworn to and subscribed v before me this ~_ day _--------'-" "~- TOd~ ~fny k of , 20~ KIMBERLY CURTY 805 Warring n Ave NOTARY PUBt.IC Not B STATE OF NEW F1;R3EY Warrington PA 18976 MY COMMISSION 6XP1RE5 MARCH 7, lOt3 267-9a7-5046 On the ~a3`~~, 20 , at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of ~- By: Notary: ATTORNEY FOR PLAINTIFF ~ ''`~ Lawrence T. Phelan, Esq., Id. No. 32227 C O ~--~ Francis S. Hal6nan, Esq. Id. No. 62695 ~ ~ O "1'j Daniel G. Schmieg, Esq., Id. No. 62205 ~ t~) Michele M. Bradford, Esq., Id. No. 69849 t~-y t rt ~ j'ta --J ~ --trt~ Judith T. Romano, Esq., Id. No. 58745 ~ --_ _' Shectal R Shah-Jana, Esq., Id. No. 81760 ~ ~'~j TT'~ ~.5 ( - Jenine R Davey, Esq., Id. No. 87077 ~^ _'~=~ Lauren R Taber, Esq., Id. No. 93337 {=~~'~y~, C ~ W ~ € 7 ~ Vivek Srivastava, Esq Id. No. 202331 'S~' ' Jay B. Jones, Esq., Id. No. 86657 ~ r-- ~s ~ "7', Peter J. Mulcahy, Esq., Id. No. 61791 .G:,. ~->; Andrew L Spivack, Esq., Id. No. 84439 ~. ~ ~ (_~ z~ ( .} Jaime McGuinness, Esq., Id. No. 90134 ~ Chrisovalente P. FOakos, Esq., Id. No. 94620 Joshua 1. Goklmaq Esq. Id Nw 205047 ~ Q ' ~ "^1 , . Courtenay R Dunn, Fsq. Id. No. 206779 (, j ~ Andrew C. BrambhKt, Esq., ld. No. 208375 61 F 1 7 John Kmn~y Bhd., Suite 1400 Philadelphia, PA 19103-1814 '. ~i~rt~mCl t~baT ~w~ rtpaigrri~~s1PV ~:~tzfi "Y F3'I~ e~' ^ N.. ~ r"Y A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC. Plaintiff v. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Court of Common Pleas Civil Division Defendants CUMBERLAND County No. 09-6189 CIVIL TERM ORDER AND NOW, this~day of , 2010 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 $99,205.80 Interest Through June 2, 2010 $7,945.12 Per Diem $18.69 Late Charges $170.65 Legal fees $1,250.00 Cost of Suit and Title $1,771.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $12.00 AppraisalBrokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($67.66) Escrow Deficit $366.73 TOTAL $110,654.14 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. ~ ab~e fi~ure. ~.~. .,,t~ -_ N .~_ : _~ .- ~ - -' c, ~ ~ /,, _ r ,.._. ~ _ . -;.tri Lt_. O °'~ ~ N V Sheriff s commission is not included in the BY E COURT J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY . T, ~__ tt~ of ~~it+raLc, r ~FF,~F -~F -,.G ~~~~i~~ r.~, ~ ; ~ ,, ~ub ao~o Klutr a Pm ta:ob .. Aurora Loan Services, LLC Case Number vs. Lowell D. Newcomer, I (et al.) 2009-6189 SHERIFF'S RETURN OF SERVICE 03/30/2010 07:49 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1948 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lowell D. Newcomer, I & Renee E. Newcomber, located at 1828 Sterretts Gap Avenue, Carlsile, Cumberland County, Pennsylvania accordinc to law. 03/30/2010 07:49 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1948 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: Lowell D. Newcomer, I, by making known unto, Lowell D. Newcomer, I„ personally, at 1828 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/30/2010 07:49 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Renee E. Newcomer, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Renee E. Newcomer. 04/14/2010 Ronny R. Anderson ,Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Renee Newcomer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 05/04/2010 Lancaster County Return and now the, 26 day of April 2010, unable to serve the within Real Estate Writ, Notice of Sale and Description upon Renee E. Newcomer, the defendant, current resident of 6 Lampost Lane, Lancaster, PA, has been there for 3 years. So Answers: Terry A. Bergman, Sheriff of Lancaster,County, Pennsylvania. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae, P.O. Box 650043,Dallas, TX 75265, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 776.76 SHERIFF COST: $776.76 SO ANSWERS, ~~ July 29, 2010 RON R ANDERSON, SHERIFF ~. 4d pd - aav~d-Cp. . sa ~~. (c) GounfySu!ta Sheriff, Telaosoft. Inc. ~~~ ~~~ AUI,20RA ~,OAN SERVICES, LLC. `Plaint}ff .~ v. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-6189 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 AURORA LOAN SERVICES, LLC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LOWELL D. NEWCOMER, I RENEE E. NEWCOMER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property fo be'sold: Name Address (if address cannot be ~• ~' reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name 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 UNIVERSAL P.O. BOX 2026 SAVINGS BANK, F.A., FEDERAL SAVINGS FLINT, MI 48501-2026 BANK UNIVERSAL SAVINGS BANK, F.A., FEDERAL 754 NORTH 4~ STREET SAVINGS BANK MILWAUKEE, WI 53203 5. Name and address of every other person who has any record lien on the property: Name 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~tlie sale. Name 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 ~ Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare MERS AS A NOMINEE FOR OCWEN LOAN SERVICING, LLC. OCWEN LOAN SERVICING, LLC. RENEE E. NEWCOMER C/O: MARYLOU MATHS, ESQUIRE LOWELL D. NEWCOMER, I. C/O: NATHAN C. WOLF, ESQUIRE P.O. Box 2675 Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 1661 WORTHINGTON ROAD; SUITE 100 WEST PALM BEACH, FL 33416-4737 26 WEST HIGH STREET CARLISLE, PA 17013 10 WEST HIGH STREET CARLISLE, PA 17013-2922 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 falsification to authorities. December 16, 2009 By: /' _ __ Attorney for Plaintiff ,~` Phelan Hallinan & Schmieg, LLP ^ La ence T. Phelan, Esq., Id. No. 32227 ands 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 ^ Andrew C. Bramblett, Esq., Id. No. 208375 J AURORA LOAN SERVICES, LLC. vs. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER N0.09-6189 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LOWELL D. NEWCOMER, I 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 RENEE E. NEWCOMER 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 * *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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $105,094.52 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION 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 ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . _ . ~ SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6189 CIVIL TERM AURORA LOAN SERVICES, LLC. vs. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETOWN, Cumberland County, Pennsylvania, being (Municipality) 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 Parcel No. 29-17-1585-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $105,094.52 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain piece or parcel of land, with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Property made by Gerrit J. Betz, Registered Surveyor, dated Apri127, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504) (33 feet wide), at a corner of lands of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in Northerly direction the distance of 15 feet from its point of intersection with the North line of Lot # 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction the distance of 82 feet from its point of intersection with the North line of an unnamed 33 feet wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East, along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Bilhnan; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Gap Road, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Lowell D. Newcomer, I and Renee E. Newcomer, h/w, by Deed from Lance N. Diehl and Miste M. Diehl, h/w, dated 01/06/2006, recorded 01/12/2006 in Book 272, Page 3697. PREMISES BEING: 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 PARCEL N0.29-17-1585-010 AURORA LOAN SERVICES, LLC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER N0.09-6189 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LOWELL D. NEWCOMER, I RENEE E. NEWCOMER 1828 STERRETTS GAP AVENUE 1828 STERRETTS GAP AVENUE CARLISLE, PA 17013-1249 CARLISLE, PA 17013-1249 * *THIS FIItM 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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $105,094.52 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.} YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-6189 CIVIL TERM AURORA LOAN SERVICES, LLC. vs. LOWELL D. NEWCOMER, I RENEE E. NEWCOMER owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETOWN, Cumberland County, Pennsylvania, being (Municipality) 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 Parcel No. 29-17-1585-010 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $105,094.52 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain piece or parcel of land, with the buildings and improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, and described according to a Map of Properly made by Gerrit J. Betz, Registered Surveyor, dated Apri127, 1972, as follows, to wit: BEGINNING at a p.k. nail on the center line of Sterretts Gap Road (T-504) (33 feet wide), at a corner of lands of Earl C. Moose, said point of beginning being measured along the said center line of Sterretts Gap Road in Northerly direction the distance of 15 feet from its point of intersection with the North line of Lot # 1 on Plan of Lots of George Henry, recorded in Plan Book 4, Page 13, and also being measured in the same direction the distance of 82 feet from its point of intersection with the North line of an unnamed 33 feet wide road; thence extending from said point of beginning and along the last mentioned lands, North 84 degrees 00 minutes West, the distance of 203.89 feet to a hub; thence extending North 06 degrees 00 minutes East, along lands now or formerly of Edna Raudabaugh, the distance of 110.00 feet to a hub, at a corner of lands now or formerly of Lester A. Billman; thence extending along the last mentioned lands, South 83 degrees 28 minutes 30 seconds East, the distance of 184.70 feet to a p.k. nail on the center line of Sterretts Gap Road; thence extending along the last mentioned center. line, South 04 degrees 03 minutes East, the distance of 110.00 feet to the first mentioned point and place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 1828 Sterretts Gap Road, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Lowell D. Newcomer, I and Renee E. Newcomer, h/w, by Deed from Lance N. Diehl and Miste M. Diehl, h/w, dated 01/06/2006, recorded 01/12/2006 in Book 272, Page 3697. PREMISES BEING: 1828 STERRETTS GAP AVENUE, CARLISLE, PA 17013-1249 PARCEL N0.29-17-1585-010 WRIT OF EXECUTION and/or ATTACHMENT • ~ COMMONWEALTH OF PENNSYLVANIA) NO 09-6189 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From LOWELL D. NEWCOMER, I and RENEE E. NEWCOMER (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 $105,094.52 L.L. $.50 Interest from 11/7/09 to Date of Sale ($17.28 per diem) -- $3,594.24 Atty's Comm % Due Prothy $2.00 Atty Paid $187.40 Other Costs Plaintiff Paid Date: 12/21 /09 (S - ~1t Curtis Long, Prothonotary (Seal) By: ~ . Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in -:°= o orth Middleton Township, Cumberland County, PA, "_ T, .- ~,; f mown and numbered as, 1828 Sterretts Gap Avenue, Carlisle, ~. ~.: ~'= ',.. more fully described on Exhibit "A" filed with this writ and ~. -;=' U Lt :; ~_- ~ ~y this reference incorporated herein. ,_.: ~, 4a_. - tv Date: March 22, 2010 By: ~~ ~~- Real Estate Coordinator ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION AURORA LOAN SERVICES, LLC -vs- Lowell D. Newcomer, I & Renee E. Newcomer No. 09-6189 ASSIGNMENT OF BID RIGHTS UNDER SHERIFF'S EXECUTION AURORA LOAN SERVICES, LLC hereinafter called Assignor, for and in consideration of the sum of 1,084.86 receipt of which is hereby acknowledged, do(es) hereby sell, assign, transfer and set over unto FANNIE MAE title and interest in and to the property more fully described in the list attached hereto, made a part hereof and marked Exhibit "A" under the bid knocked down to Assignor at the execution sale in the Court of Common Pleas of Cumberland County, Pennsylvania, on June 2, 2010 in the above captioned proceedings. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 4`'' of June2010, intending thereby to be legally bound. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL NORA M. FERRER, Notary Public City of Philadelphia, Phila. County My Commission Expires November 22, 2013 . ' 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: April 16, April 23, and April 30, 2010 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. Writ 110. 2009-6189 Civil i~~"~'~ ~-~~' Aurora Loan Services, LLC isa Marie Coyne ditor vs. Lowell D. Newcomer, I SWORN TO AND SUBSCRIBED before me this Renee E. Newcomer Atty: Daniel Schmieg 30 da of Aril 2010 J By virtue of a Writ of Execu- tion No. 09-6189 CIVIL, AURORA ~, LOAN SERVICES, LLC. vs. LOW- ~/C_ ELL D. NEWCOMER, I, RENEE E. Notary NEWCOMER, owners of property situate in the NORTH MIDDLETOWN TOWNSHIP, Cumberland County, Pennsylvania, being 1828 STER- ~"~""~~"~~ RETTS GAP AVENUE, CARLISLE, PA NOTARIAL SEAL 17013-1249. DEBORAH A COLLINS Parcel No. 29-17-1585-010. Notify Public Improvements thereon: RESIDEN- CARLiSIE BOROUGH, CUMBERLAND COUNTY TIAL DWELLING. My COmllliStii011 EXpif08 Apf 28, 2014 JUDGMENT AMOUNT: $105,094- .52. `The Patriot-News Co. 2020 Technology Pkwy ,Suitq 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~11e~lahiot News 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 Marianne Miller, being duty 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 allegations 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: 04/16/10 writ No. 21i0l~~1N G'trN Trnn Aurora roan lNirVtvas, t#:C ~ - ,Ys. Lowsll'D. NAwcbmsr, l i~nee E. tnsr s . Airy: tkmiel3chmleg By virtue of a Wtii of Execution NA. 09-6189 t'IVII.'tERM AURORA LOAN SEiCVIt:E5, LLC. vs. LOWELL p. NEWiGQ'MER, I RENEE E. NEWCOMER oxna(a) saf !~til4a1' wIrMF iP 1he NOR1H '~ ~ ~ Ca~tf: MaAdv+a~, ) t,UtPlIY I 1t Pei ' o. 29-1?-IS85-020 (Acreage a serest addiess) Impcove~eots thereon: RESIDENL DwELL3N0 IUDOId$NT AMOUNT SIQ3,094.32 04/23/10 ` ,. 04/30/10 Sworn to nd ubscribed before me his des of May, 2010 A.D. ~ ` Notary Public COMMONW~,QN „_ N~NS„1~LVANU Nebt~iN SaN SheRts 1.. KhnKr NotaeY Ptlbik Lowtr Paxton 11Np., Dauphkt County My CommhMon Nov. 26, 2011 Member, PennsvMania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the Yv~ 2nd day of June A.D., X2010, under and by virtue of a writ Execution issued on the 21st day of ~L December, A.D., 22009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6189, at the suit of Aurora Loan Services LLC against Lowell D NewcomerI & Renee E Newcomer is duly recorded as Instrument Number 201020909. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~ day of A.D. ~ O f G f Deeds