HomeMy WebLinkAbout12-4319OF THE PROTHON- TARP
2012 JUL 12 AM 10= 11
CUMBERLAND COUNTY
PENNSYLVANIA
PHELAN HALLINAN & SCHMIEG, LLP
Andrew J. Marley, Esq., Id. No.312314
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
AURORA BANK FSB
2617 COLLEGE PARK
SCOTTSBLUFF, NE 69361-2294
Plaintiff
V.
WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108-1754
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. tar (4 ( l l/ t
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 298396
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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.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 298396
Plaintiff is
AURORA BANK FSB
2617 COLLEGE PARK
SCOTTSBLUFF, NE 69361-2294
2. The name(s) and last known address(es) of the Defendant(s) are:
WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR
THE MIDDLE DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG, PA 17108-1754
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 03/18/2009 WILLIAM E. MARTIN made, executed and delivered a mortgage upon
the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS A NOMINEE FOR AMERICAN FINANCIAL RESOURCES,
INC. which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Mortgage Instrument No. 200909963. By Assignment of
Mortgage recorded 06/06/2012 the mortgage was assigned to PLAINTIFF which
Assignment is recorded in Assignment of Mortgage Instrument No. 201216821.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 07/01/2010 and each month thereafter are due and unpaid, and by the terms
File #: 298396
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.
The following amounts are due on the mortgage as of 06/14/2012:
Principal Balance $178,781.02
Interest $20,485.25
06/01/2010 through 06/14/2012
Late Charges $131.60
Mortgage Insurance Premium / $155.48
Private Mortgage Insurance
Escrow Deficit $9,679.73
TOTAL $209,233.08
7
8.
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.
Notice of Intention to Foreclose as set forth in Act 6 of 1974 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.
File #: 298396
9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410,
because of federal tax liens that have been filed with the Prothonotary of
CUMBERLAND County in the Judgment Index Unit as follows:
(a) United States vs. William E. Martin, Deborah A. Martin; IRS Docket No.
2010-07455; filed 12/03/2010; in the amount of $10,249.63
File #: 298396
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$209,233.08, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
By:
PHELAN HALLINAN & SCHMIEG, LLP
AIOY,Kw J. Marley, Esquire
Attorney for Plaintiff
File #: 298396
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Village of Oakville, Township of North
Newton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point in the center of the back street in said Village of Oakville, at a common
corner with land of Dana L. Haltar, et ux, which lot was formerly part of this same tract; thence
by Dana L. Halter, et ux, land South 46 degrees West 375 feet to a point at corner with lands of
Dana L. Halter, et ux, and Chester Failor, et ux; thence by Failor land 188.3 feet to a point on the
Southern Rail of the Cumberland Valley Division of Pennsylvania Railroad Company; thence by
same, North 43 degrees 15 minutes East a distance of 372.2 feet to a point; thence by McCrea
land the center of said Back Street, South 44 degrees East 213.4 feet to the place of
BEGINNING.
BEING the same premises which George H. Trafford and Gwendoline Trafford, husband and
wife, by Deed dated July 11, 1968, and recorded in the Office of the Recorder of Deeds in and
for Cumberland County in Deed Book V, Volume 22, Page 706, granted and conveyed unto
Kenneth L. Brumbaugh and Louise K. Brumbaugh, husband and wife.
PROPERTY ADDRESS: 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746
PARCEL # 30-25-0116-010
File #: 298396
VERIFICATION
Foreclosure
Cytnhia L Brokamp , hereby states that he/she is Processor III of AURORA
BANK FSB, Plaintiff in this matter, that he/she is authorized to make this Verification, and
verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of his/her information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
DATE v \` ill _
Na ,,: Cynthia L Brokamp
:
oreclosure Processor III
AURORA BANK FSB
File#: 298396 (FHA)
Name: MARTIN
File #: 298396
FORM 1
AURORA BANK FSB
Plaintiff(s)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLIgNIIN
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VS.
WILLIAM E. MARTIN
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant(s)
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be
to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation confere ce.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243- 400
extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to ou.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your le al
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a
conciliation conference is scheduled, you will hav an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with you
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible i
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a lega
representative. However, you must provide your lawyer with all requested financial information so that a loan resole
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attacl
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conferer
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
l
ndrew J. Marley,
Esquire
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to detej
possible options while working with your counseling agency. Please provide the following information
best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender: _
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Date You Closed Your Loan:
State: Zip:
Yes ? No Listing date: Price: $
Realtor Phone:
Yes ? No ?
Home:
Cell:
State: Zip:
Office:
Other:
How long?
State: Zip:
Home: Office:
Cell: Other:
How long?
the
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile #1: Model:
Amount Owed: Value:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transnortation (automobiles. boats. motorcvcles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross
2. Monthly Gross
3. Monthly Gross
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Year:
Year:
Monthly Net,
Monthly Net,
Monthly Net,
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Payment(s) Condo/Nei h. Fees
Auto Insurance Med. not covered
Auto fuel/re airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. S ending Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
I/We, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation tc
use the counseling services provided by the above named
Borrower Signature
Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hard
letter)
6. Listing agreement (if property is currently on the market)
SHERIFF'S OFFICE OF CU ERLA D COUNTY
Ronny RAnderson FILED-OF tCE
Sheriff tc aC up?bcx THE PROTHONOTAR)
Jody S Smith
; 03
Chief Deputy 1012 J& 30 AI's 9
Richard W Stewart cUMSERLANQ C4U"T
Solicitor 0")CE OF THE $i4ERIFF ?ENNSY LWANI A
Aurora Bank FSB
vs.
William E Martin
Case Number
$012-4319
SHERIFF'S RETURN OF 39MCE
07/18/2012 04:47 PM - John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on July 18
2012 at 1647 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice
Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, t wit: William E.
Martin, by making known unto Debra Marlin, Wife of Defendant at 12 Beidier Drive, Sh' nsburg,
Cumberland County, Pennsylvania 17257 its contents and at the same time handing to he personally t e
said true and correct copy of the same.
SHERIFF COST: $48.00
July 23, 2012
SO ANSWERS,
, SHERIFF
(C) COUntySuite Sheriff, Teteosoft, Inc.
Phelan Hallman & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
Attorney For Plaintiff
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AURORA BANK FSB
Plaintiff
vs
~ Court of Common Pleas
I Civil Division
CUMBERLAND County
WILLIAM E. MARTIN
THE UNITED STATES OF AMERICA No.12-4319-CIVIL
GO THE UNITED STATES ATTORNEY
FOR THE MIDDLE DISTRICT OF PA
Defendant
PRAECII'E FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO Pa.R.C.P.. 2352
TO THE PROTHONOTARY:
Kindly substitute NATIONSTAR MORTGAGE, LLC as successor Plaintiff for the originally
named Plaintiff.
The material facts on which the right of succession and substitution are based as follows:
NATIONSTAR MORTGAGE, LLC is the current holder of the mortgage by virtue
of that certain Assignment of Mortgage, which Assignment was recorded on
09/07/2012 in Instrument No. 201227354 of the Recorder of Deeds Office in and
for CUMBERLAND County.
Kindly amend the information on the docke cco dingly.
Date: , d IZ I~ By:
Robe .Cusick, Esq., Id. No.80193
Attorney for Plaintiff
PHS # 298396
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ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of NATIONSTAR MORTGAGE, LLC.
Date: ~~ ~ ~ y P HALL N & S IEG, LLP
Robert W. Cusick, Esq., Id. No.80193
Attorney for Plaintiff
PHS # 298396
Phelan Hallinan & Schmieg, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
AURORA BANK FSB
Plaintiff
Attorney for Plaintiff
Court of Common Pleas
Civil Division
v. CUMBERLAND County
WILLIAM E. MARTIN No. 12-4319-CIVIL
THE UNITED STATES OF AMERICA C/O THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe for substitution
of party plaintiff was served by regular mail to the person(s) on the date listed below:
WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
THE UNTIED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUTI'E 220, PO BOX 11754
HARRIScBURG,1PA 17108-1754
Date: l~ is 11~ PHE HALL AN & SCHMIEG, LLP
Robert .Cusick, Esq., Id. No.80193
Attorney for Plaintiff
PHS # 298396
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
NATIONSTAR MORTGAGE, LLC COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
v
WILLIAM E. MARTIN
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
Interest from 10/13/2012 to Date of Sale
($34.39 per diem)
TOTAL
CUMBERLAND COUNTY
$209,233.08
4 986.55 ,~
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Halli an & Sc6mieg,
Andrew J. Marley, Esq., Id. 2314
Attorney for Plaintiff
Note: Please attach description of property.
PHS # 298396
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LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Village of Oakville, Township of North Newton, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of the back street in said Village of Oakville, at a common corner with
land of Dana L. Halter, et ux, which lot was formerly part of this same tract; thence by Dana L. Halter, et ux,
land South 46 degrees West 375 feet to a point at corner with lands of Dana L. Halter, et ux, and Chester
Failor, et ux; thence by Failor land 188.3 feet to a point on the Southern Rail of the Cumberland Valley
Division of Pennsylvania Railroad Company; thence by same, North 43 degrees 15 minutes East a distance of
.372.2 feet to a point; thence by McCrea land the center of said l~aek Street; youth 44 d®grees East 213.4 feet
to the place of BEGINNING.
This conveyance is made with the provision as contained in the Deed dated the 28th day of June 1960,
between Walter R. Foltz and Janet E. Foltz, his wife, and Dana L. Halter and Katherine V. Halter, his wife,
and recorded in Deed Book D, Volume 20, Page 335, containing an easement as follows:
'A well shall be drilled by the Grantees on the land herein conveyed for water and the Grantees, their heirs
and assigns, shall supply water without additional cost to the Grantors, their heirs and assigns for domestic
purposes on the land retained by the Grantors and of which this tract formerly was a part.'
`It is understood that all costs and maintenance to the pump shall be borne by the Grantees.'
TITLE TO SAID PREMISES VESTED IN William E. Martin, single person, by Deed from
Kenneth L. Brumbaugh and Louise K. Brumbaugh, h/w, dated 03/18/2009, recorded 04/01/2009
in Instrument Number 200909962.
PREMISES BEING: 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746
PARCEL N0.30.25-0116-010
PHELAN HALLINAN & SCHMIEG, LLP
Andrew J. Marley, Esq., Id. No.312314
1617 JFK Boulevard, Suite 1400 `~ ~ _ ~ ,
One Penn Center Plaza .,__ ... _ ' ~ ` i -~
Philadelphia, PA 19103 j ~ ~ ` { ~{„ ~, ~ ~~ ~ 1: ~ ~~~;
215-563-7000 -
NATIONSTAR MORTGAGE, LLC
Plaintiff
v.
WILLIAM E. MARTIN
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.:12-4319-CIVIL
CUMBERLAND COUNTY
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
(X) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Andrew J. Marley, Esq.,
Attorney for Plaintiff /,
0.312314
NATIONSTAR MORTGAGE, LLC
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AFFIDAVIT PURSUANT TO RULE 3129.1
. COURT OF COMMON PLEAS
. CIVIL DIVISION
. N0.:12-4319-CIVIL
. CUMBERLAND COUNTY
. PHS # 298396
NATIONSTAR MORTGAGE, 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 12 BEIDLER DRIVE,
SHIPPENSBURG, PA 17257-9746.
1
Name and address of Owner(s) or reputed Owner(s):
Name
Address (if address cannot be reasonably ascertained,
please so indicate)
2
3
4
5
WILLIAM E. MARTIN
Name and address of Defendant(s) in the judgment:
Name
WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
Address (if address cannot be reasonably
ascertained, please so indicate)
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
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)
COMMONWEALTH OF PA DEPARTMENT DEPARTMENT 280946
OF REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0946
COMMONWEALTH OF PA DEPARTMENT DEPARTMENT 280948
OF REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0948
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH, PA 15222
U.S. DEPARTMENT OF NSTICE
U.S. ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
FEDERAL BUILDING
US TREASURY DEPARTMENT
228 WALNUT STREET, SUITE 220
PO BOX 11754
HARRISBURG, PA 17108-1754
PITTSBURGH OFFICE ROOM 808
1000 LIBERTY AVENUE
PITTSBURGH, PA 15222-9974
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 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 12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675
DEPARTMENT OF WELFARE HARRISBURG, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: oZf ~~~ By:
elan Hallman & Schmieg
Andrew J. Marley, Esq., I 0.312314
Attorney for Plaintiff
NATIONSTAR MORTGAGE, LLC
COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
vs.
WILLIAM E. MARTIN
N0.:12-4319-CIVIL
Defendant(s) CUMBERLAND CjOiTY
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NOTICE OF SHERIFF'S SALE OF REAL PROPERTY t~,r~y ,~; y,'
TO: WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
c:+ -~ __
~, ~__ ..
~~~
* *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 12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746 is scheduled to be sold at
the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $209,233.08 obtained by NATIONSTAR MORTGAGE, 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
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Village of Oakville, Township of North Newton, County
of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of the back street in said Village of Oakville, at a common corner with
land of Dana L. Haltar, et ux, which lot was formerly part of this same tract; thence by Dana L. Halter, et ux,
land South 46 degrees West 375 feet to a point at corner with lands of Dana L. Halter, et ux, and Chester
Failor, et ux; thence by Failor land 188.3 feet to a point on the Southern Rail of the Cumberland Valley
Division of Pennsylvania Railroad Company; thence by same, North 43 degrees 15 minutes East a distance of
372.2 feet to a point; thence by McCrea land the center of said Back Street, South 44 degrees East 213.4 feet
to the place of BEGINNING.
This conveyance is made with the provision as contained in the Deed dated the 28th day of June 1960,
between Walter R. Foltz and Janet E. Foltz, his wife, and Dana L. Halter and Katherine V. Halter, his wife,
and recorded in Deed Book D, Volume 20, Page 335, containing an easement as follows:
'A well shall be drilled by the Grantees on the land herein conveyed for water and the Grantees, their heirs
and assigns, shall supply water without additional cost to the Grantors, their heirs and assigns for domestic
purposes on the land retained by the Grantors and of which this tract formerly was a part.'
`It is understood that all costs and maintenance to the pump shall be borne by the Grantees.'
TITLE TO SAID PREMISES VESTED IN William E. Martin, single person, by Deed from
Kenneth L. Brumbaugh and Louise K. Brumbaugh, h/w, dated 03/18/2009, recorded 04/01/2009
in Instrument Number 200909962.
PREMISES BEING: 12 BEIDLER DRIVE, SIIIPPENSBURG, PA 17257-9746
PARCEL NO.30-25-0116-010
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 12-4319-CIVIL
NATIONSTAR MORTGAGE, LLC
vs.
WILLIAM E. MARTIN
owner(s) of property situate in NORTH NEWTON TOWNSHIP, Cumberland County,
Pennsylvania, being
(Municipality)
12 BEIDLER DRIVE, SHIPPENSBURG. PA 17257-9746
Parcel No. 30-25-0116-010
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $209,233.08
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-4319 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC Plaintiff (s)
From WILLIAM E. MARTIN
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $209,233.08 L.L.: $.50
Interest FROM ] 0/]3/12 TO DATE OF SALE ($34.39 PER DIEM) - $4,986.55
Atty's Comm: Due Prothy: $2.25
Atty Paid: $208.75 Other Costs:
Plaintiff Paid:
Date: ] 1/~1~112
David D. Buell, Prothonota
(Seal)
Deputy
REQUESTING PARTY:
Name: ANDREW J. MARLEY, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, LLP
1617 JFK BLVD.
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 312314
C--
Phelan Hallinan,LLP Attorney For Plaintiff rn CU rl�=
'rn
1617 JFK Boulevard,Suite 1400 V0 rTj
;Q
One Penn Center Plaza can ,' '
Philadelphia,PA 19103
215-563-7000
,0
NATIONSTAR MORTGAGE,LLC Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
WILLIAM E.MARTIN
THE UNITED STATES OF AMERICA No.12-4319-CIVIL
C/O THE UNITED STATES ATTORNEY
FOR THE MIDDLE DISTRICT OF PA
L Defendant
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO E%R.C.P.,2352
NUNC PRO TUNC
TO THE PROTHONOTARY:
Kindly substitute NATIONSTAR MORTGAGE,LLC as successor Plaintiff for the originally
named Plaintiff.
The material facts on which the right of succession and substitution are based as follows:
NATIONSTAR.MORTGAGE, LLC is the current holder of the mortgage by virtue
of that certain Assignment of Mortgage, which Assignment was recorded on
06/0612012 in Instrument No. 201216821 of the Recorder of Deeds Office in and for
CUMBERLAND County.
Kindly amend the information on the docket accor
11A By:
Date: y.
Joh is ael Kolesnik,Esq.,Id.No.308877
Attorney for P tij�
PHS#298396 Attorney for Plaintiff
4 q.so P0 Alty
.
C y 1Nql(p8
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
NATIONSTAR MORTGAGE,LLC Court of Common Pleas
Plaintiff
vs
Civil Division
WILLIAM E.MARTIN CUMBERLAND County
THE UNITED STATES OF No. 12-4319-CIVIL
AMERICA C/O THE UNITED
STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant
PRAECIPE TO MARK i> DGME NT TO USE PLAINTIFF
ENTRY OF APPEARANCE
NUNC PRO TUNC
TO THE PROTHONOTARY:
Please mark the judgment in the above-captioned matter to the use of NATIONSTAR
MORTGAGE,LLC,located 350 HIGHLAND DRIVE LEWISVILLE, TX 75067
Date: PHELA
N,LLP
By:
John ichael Kolesnik,Esq.,Id.No.308877
PHS#298396 Attorney for Plaintiff
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
NATIONSTAR MORTGAGE,LLC Court of Common Pleas
Plaintiff Civil Division
WILLIAM E.MARTIN
V. CUMBERLAND County
No. 12-4319-CNIL,
THE UNITED STATES OF AMERICA CIO THE
UNITED STATES ATTORNEY FOR THE
MIDDLE DISTRICT OF PA
Defendant PHS#298396
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to mark
judgment to NATIONSTAR MORTGAGE, LLC and substitution of party plaintiff was served by
regular mail to the person(s) on the date listed below:
WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG,PA 17257-9746
THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
228 WALNUT STREET, SUITE 220, PO BOX 11754
HARRISBURG,PA 17108-1754
Date: //11 PHELAN LINAN,LLP
By:
Joh ichael Kolesnik,Esq., Id.No.308877
Attorney for Plaintiff
/01 q31
ry1m M
a rn -ca
--u rr-{
° C)
ENTRY OF APPEARANCE { p.
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of NATIONSTAR MORTGAGE, LLC.
Date: 10 PHELAN LLP
By:
John chael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff
PHS#298396
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson i~ F;( EQ_ t c�
Sheriff t T E as +, j 4-
Jody S Smith � t�Jl1�d c'$ PM 2-
Chief Deputy
Richard W Stewart ZWI CUMBERLAND
COUNTY
Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA
Aurora Bank FSB
vs. Case Number
William E Martin 2012-4319
SHERIFF'S RETURN OF SERVICE
01/08/2013 07:27 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 12 Beidler Drive, Shippensburg, PA 17257, Cumberland
County.
01/08/2013 07:27 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
William E Martin at 12 Beidler Drive, North Newton Township, Shippensburg, PA 17257, Cumberland
County.
03/07/2013 Ronny R.Anderson, Sheriff, 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
Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold
the same for the sum of$ 1.00 to Attorney Francis Hallinan, on behalf of Nationstar Mortgage, LLC, being
the buyer in this execution, paid to the Sheriff the sum of$
06/26/2013 Deed recorded on 6/19/13
SHERIFF COST: $823.97 SO ANSWERS,
June 26, 2013 RON R ANDERSON, SHERIFF
110 .00 ,,,f
s ,4 .
(c)CountySuite Sheriff,Teleosoft,In--.
a ,
NATIONSTAR MORTGAGE, LLC
Plaintiff COURT OF COMMON PLEAS
'
V.
CIVIL DIVISION
WILLIAM E. MARTIN NO.: 12-4319-CIVIL
Defendant(s)
CUMBERLAND COUNTY
PITS #298396
AFFIDAVIT PURSUANT-T0-RULE-3129:1---- —----— — --- -- -
NATIONSTAR MORTGAGE,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 12 BEIDLER DRIVE,
SHIPPENSBURG,PA 17257-9746.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
WILLIAM E.MARTIN 12 BEIDLER DRIVE
SHIPPENSBURG,PA 17257-9746
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
WILLIAM E.MARTIN 12 BEIDLER DRIVE
SHIPPENSBURG,PA 17257-9746
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 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
None. reasonably ascertained,please indicate)
—5. Name-andasldress-of every o�hex�er£on wh�lis anv record lien on the�roperty:
Name Address(if address cannot be
reasonably ascertained,please indicate)
COMMONWEALTH OF PA DEPARTMENT DEPARTMENT 280946
OF REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0946
COMMONWEALTH OF PA DEPARTMENT DEPARTMENT 280948
OF REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0948
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
US TREASURY DEPARTMENT PITTSBURGH OFFICE ROOM 808
1000 LIBERTY AVENUE
PITTSBURGH,PA 15222-9974
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 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 12 BEIDLER DRIVE
SHIPPENSBURG,PA 17257-9746
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
-Date. f 04f Olaf -
By:
451-an Hallman&Schmieg
..I c -N o.312314
Andrew J.Marley,Esq., d,...
Attorney for Plaintiff
NATIONSTAR MORTGAGE,LLC COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 12-4319-CIVIL
WILLIAM E. MARTIN
Defendant(s) CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: WILLIAM E. MARTIN
12 BEIDLER DRIVE
SHIPPENSBURG, PA 17257-9746
"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 12 BEIDLER DRIVE,SHIPPENSBURG,PA 17257-9746 is scheduled to be sold at
the Sheriff's Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,
Carlisle,PA 17013 to enforce the court judgment of$209,233.08 obtained by NATIONSTAR.MORTGAGE,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.
(ou t�ay-alw b-e--MV4rt0 stop the-sale-thmough---
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 t'o 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 215-563-7000.
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
l
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Village of Oakville,Township of North Newton,County
of Cumberland and State of Pennsylvania,bounded and described as follows,to wit:
BEGINNING at a point in the center of the back street in said Village of Oakville,at a common corner with
land of Dana L.Haltar,et ux,which lot was formerly part of this same tract;thence by Dana L.Halter,et ux,
land South 46 degrees West 375 feet to a point at corner with lands of Dana L.Halter,et ux,and Chester
Failor,et ux;thence by Failor land 188.3 feet to a point on the Southern Rail of the Cumberland Valley
Division of Pennsylvania Railroad Company;thence by same,North 43 degrees 15 minutes East a distance of
372.2 feet to a point; thence by McCrea land the center of said Back Street, South 44 degrees East 213.4 fcct
to the place of BEGINNING.
This conveyance is made with the provision as contained in the Deed dated the 28th day of June 1960,
between Walter R.Foltz and Janet E.Foltz,his wife,and Dana L.Halter and Katherine V.Halter,his wife,
and recorded in Deed Book D,Volume 20,Page 335,containing an easement as follows:
'A well shall be drilled by the Grantees on the land herein conveyed for water and the Grantees,their heirs
and assigns,shall supply water without additional cost to the Grantors,their heirs.and assigns for domestic
purposes on the land retained by the Grantors and of which this tract formerly was a part.'
`It is understood that all costs and maintenance to the pump shall be borne by the Grantees.'
TITLE TO SAID PREMISES VESTED IN William E. Martin, single person,by Deed from
Kenneth L. Brumbaugh and Louise K. Brumbaugh, h/w, dated 03/18/2009,recorded 04/01/2009
in Instrument Number 200909962.
PREMISES BEING: 12 BEIDLER DRIVE,SHII'PENSBURG,PA 17257-9746
PARCEL NO.30-25-0116-010
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 12-4319-CIVIL
NATIONSTAR MORTGAGE, LLC
VS.
WILLIAM E. MARTIN
owner(s) of property situate in NORTH NEWTON TOWNSHIP, Cumberland County,
Pennsylvania, being
(Municipality)
12 BEIDLER DRIVE, SHIPPENSBURG, PA 17257-9746
Parcel No.30-25-0116-010
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $209,233.08
Phelan Hallinan&Schmieg,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-4319 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due NATIONSTAR MORTGAGE,LLC Plaintiff(s)
From WILLIAM E.MARTIN
(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
GARNISHEES)as follows:
and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $209,233.08 L.L.: $30
Interest FROM 10/13/12 TO DATE OF SALE($34.39 PER DIEM)-$4,986.55
Atty's Comm: Due Prothy:$2.25
Atty Paid: $208.75 Other Costs:
Plaintiff Paid:
Date: 11AY12
David D. Buell,Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: ANDREW J.MARLEY,ESQUIRE
Address: PHELAN HALLINAN&SCHMIEG,LLP
1617 JFK BLVD.
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for:PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No.312314 TRUE COPY FROM RECORD
In Testimony whereof;1 here unto set my hand
and the seal of said Court at Carlisle,Pa.
This 0?(Qday of OV• ,20 (oZ
Pr thonotary
On November 30, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
North Newton Township, Cumberland County, PA,
Known and numbered as, 12 Beidler Drive,
Shippensburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: November 30, 2012
By:
i
Real Estate Coordinator
S ;pf
8z o WI
jo
-- The Patriot-News Co.
2020 Technology Pkwy the atr1*otwXews
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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:
20124319 Cl 01/22/13
Aurora Bank F 01/29/13
Vs
William E Martin C 02/05/13.
Atty: Francis Hailinan
By virtue of a.Writ of Execution NO.12-
4319 CM
NATIONSTAR MORTGAGE,LLC
WILLIAME MARTIN Sworn to nd su scribed before me this 14 day of February, 2013 A.D.
owner(s) of property situate in NORTH 1
NEWTON TOWNSHIP, Cumberland
County,Pennsylvania,being
(Municipality) I IIC
12 BEIDLER DRIVE,SHIPPENSBURG,
PA 17257-9746
Parcel No.30-25-0116-010
(Acreage or street address)
Improvements thereon: RESIDENTIAL {
DWELLING COMMONWEALTH OF PENNSYLVANIA
JUDGMENT AMOUNT:$219,233.08 J Notarlal Seal
` - -- Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
My Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
V..,hqatri®t Xtws
Now you know
2020 Technology Parkway STE 300
Mechanicsburg,PA 17050-9498
(717)255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT.# 2260
DUPLICATE BILL
Date Description Sale# Size Rate Net Cost
Of Ad
01/22/13 Sheriff Sale 4319 3.86 $20.00 $ 77.20
01/29/13 Sheriff Sale 4319 3.86 $20.00 $ 77.20
02/05/13 Sheriff Sale 4319 3.86 $20.00 $ 77.20
Notary Fee $5.00
TOTAL DUE FOR THIS SALE: $ 236.60
JLC
CUMBERLAND LAW JOURNAL
Writ No. 2012-4319 Civil
Aurora Bank FSB
vs.
William E.Martin
Atty.: Francis Hallinan
By virtue of a Writ of Execution
NO. 12-4319 CIVIL, NATIONSTAR
MORTGAGE, LLC vs. WILLIAM E.
MARTIN owners)of property situate
in NORTH NEWTON TOWNSHIP,
Cumberland County, Pennsylvania,
being 12 BEIDLER DRIVE, SHIP-
PENSBURG,PA 17257-9746.
Parcel No. 30-25-0116-010.
Improvements thereon:RESIDEN-
TIAL DWELLING.
JUDGMENT AMOUNT:$209,233-
.08.
81
r
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:
January 25, February 1, and February 8, 2013
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.
c/ -
sa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
8 da of February, 2013
AI A
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Robert P. Ziejzler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Nationstar Mortgage is the grantee the same having been sold to said
grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 26th
day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 4319, at the suit of Nationstar Morga eg LLC against William E Martin is duly recorded as
Instrument Number 201320097.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and se 1 of said office this z day of
A.D.
G
c
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