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Home My WebLink About13-1279 SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ti.4.�-•�j' 35 Ronny R Anderson ' - 7'NE Sheriff ry(�}g ',N 0 tr (,6* ftppbl"fi/ a� C U t J � .. Jody S Smith 2 AM 10: 4 Chief Deputy CUMBERLAND er Richard W Stewart ` 4 , Solicitor OFFICE OF SKRIFF �'E SYLVAN!A The Bank of New York Melton Case Number v Jerry s.L Custer(et al.) 2013-1279 SHERIFF'S RETURN OF SERVICE 03/26/2013 05:16 PM-Deputy Shawn Gutshall, being duly swam according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Jennifer A Custer at 417 W. Simpson Street, Mechanicsburg BoroZOZPUTY 17055. E 03126/2013 05:16 PM-Deputy Shawn Gutshall, being duly swom according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jennifer Custer,wife of defendant,who accepted as"Adult Person in Charge"for Jerry L Custer at 417 W. Simpson Street, Mechanicsburg Borough,Mechanicsburg, PA 17055. SPOWK GUTSHA TY SHERIFF COST: $54.00 SO ANSWERS, March 27, 2013 "RbNIV R ANDERSON, SHERIFF (c)CountySuite Shenfi,Teteosoft.lnc. _r c c— rri -[ -° r ZEE- ' PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE Court of Common Pleas BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., Civil Division AS TRUSTEE FOR RAMP 2006-RZ3 Term 1100 VIRGINIA DRIVE P.O. BOX 8300 No. 2013-1279-CIVIL FORT WASHINGTON, PA 19034 Cumberland County Plaintiff v. JERRY L. CUSTER JENNIFER A. CUSTER 417 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3763 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, The Bank of New York Trust Company, N.A., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On March 11, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due April, 24, 2012, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On March 26, 2013, Plaintiff completed service of the Complaint in Mortgage 315441 Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendants. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 315441 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, ' ELAN HALLI AN, LLP I Date: c:71(),1(3 BY: �,� Jos;p ,. Schalk, Esquire Attorney for Plaintiff 315441 o xs -- _ c. <CO - A .. o am' ..r co 7" PHELAN HALLINAN,LLP John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FICA THE COURT OF COMMON PLEAS • BANK OF NEW YORK TRUST COMPANY,N.A. AS • SUCCESSOR TO JPMORGAN CHASE BANK N.A., CIVIL DIVISION • AS TRUSTEE FOR RAMP 2006-RZ3 1100 VIRGINIA DRIVE TERM P.O. BOX 8300 r� Q FORT WASHINGTON, PA 19034 NO. 'J • °�19 0 Plaintiff CUMBERLAND COUNTY v. JERRY L.CUSTER JENNIFER A. CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE • ► by cedity tuatwitin ATTORNEY Fitz COPY be t;„, And correct copy PLEASE d,,Vin,, i + RETURN f rood Fae N: 315441 NOTICE You have been sued in Court. if you wish to defend against the claims set Ihrth iii 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 claan 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 FOI<TH0El.()YV. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A. LAWYER. [F YOU CANNOT AF.FORI) TO HIRE A LAWYER. TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH IN FO MATION ABOUT AGENCIES TE AT MAY OFFER LEGAL SERVICES IO ELIGIBLE PERSONS /\T /\ REDUCED FEE OR'NO FEE. CUM0ERl.ANuCOi3nTY ATTORNEY REFERRAL CUMBERLAND C0UNTY BAR ASSOCIATION CUMBERLANII) COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17019 (7\7)249-3l66 (800)990-9108 , „ n�x� amw , • 1. Plaintiff is IRE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FK A THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SI...1CCESSOR TO WMOR.GAN CHASE BANK N.A., AS TRUSTEE FOR RAMP 2006- RZ3 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: JERRY L. CUSTER JENNIFER A. CUSTER. 417 WEST SIIVIPSON STREET MECHANICSBUR.0, PA 17055-3763 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/24/2006 JERRY L. CUSTER and JENNIFER A. CUSTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, .INC AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1951, Page 4976. By Assignment of Mortgage recorded 09/14/2012 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201228261..The mortgage arid 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 ii 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 04/24/2012 and each month thereafter are due and unpaid, and by the terms , . 315441 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 arc collectible forthwith. 6. The following amounts are due on the mortgage as of 01/16/2013: Principal Balance $107,13465 Interest $4,463.94 03/24/2012hu01/16/2O13 Late Charges $419.12 Property Inspections $61.50 Appraisal/Brokers Price O ' 'on $166.00 Escrow Deficit $992.49 TOTAU. $113237'70 7. l'iaintili is not seeking a judgment of personal liability (or an ioperoonaIn judgment) • against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish tha right, if such right exists. If 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 persona liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary ' stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 315141 ` ' WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $113,237.70, 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. PHELAN, y ALLINAN, LLP By C. Jolm Michael Kolesnik, Esq., Id. No.308877 /Attorney for Plaintiff File# 315441 LEGAL DESCRIPTION ALL that certain Lot of Ground, with the dwelling house thereon erected, known as No. 417 West Simpson Street, together with other improvements thereon erected, situate on the south side of West Simpson Street (5th Ward) in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follow , to wit: BEGINNING at an iron pin on the curb line, at corner of property sold off this same tract by deed dated September 22, 1922 to William M. Bosserman and now or lately owned by Carolus B. Fox and wife; thence at right angles to the said curb line southwardly along said property 56.5 feet to an iron pin; d :nccaoodhn/un1ly along said property 185.3 feet to an iron pin at a 18 foot alley; thence eastwardly along said alley 35 feet to a post at corner of lot now or late of Willis Kunkle; thence northwardly along said lot 236 feet to a stake at said curb of said Wes Simpson StreeL thence westwardly along said curb iin.e 29 feet to an iron pin, the place of BEGINNING. BEING the same premises which Earl Weaver Hertzler and Eva Mae Hertzler, his wife, by deed dated December 22, \97l, and recorded December 22, 1971 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed i3ook K24, Page 767, granted and conveyed unto Stephen C. Custer and Janice L. Custer, his wife, Grantors herein. PROPERTY ADDRESS; 417 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-3.763 ' . ~ PARCEL # 20-24-07N5-154 File#: //»w! ^ VERIFICATION Katelyn McCauley thorized Signer of OCWEN LOAN hereby states that he/she is ' SERVICING, LLC, servicing agent for 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 unsworn falsification to authorities. ,t Nat Kately 11.C, lLy DATE: ; 2013 Title: Authorized Signer OCWEN LOAN SERVICING, LI,C Servicing Agent for Plaintiff File//: 315441 Name: CUSTER . . File 315441 --_ - - - .- - - FORM 1 ' , [N 'IHE COURT OF COMMON P1,EAS THE BANK OF NEW YORK MELLON TRUST � OF CUMBERLAND COUNTY, PENNSYI...VANIA COMPANY,NATIONAL ASSOCIATION FKA � TUE BANK OF NEW YORK TRUST . COMPANY,NA. AS SUCCESSOR 10 � JPMORGAN C1[ASE BANK NA., AS TRUSTEE : FOR RAMP 2006-RZ3 . Plaintiff(s) � vs. JERRY L.CUSTER JENNIFER A, CUSTER Defendant(s) CivU NOTICE^``' � �`~"� ~^" ��"�^'"°^"�'` ��`°"� MORTGAGE " `~"�^�^~^�~^^�~'"~"� V��7K7��«�K�� 0»��U� �� . ^��`,^~^^, PROGRAM You have been served with a foreclosure complaint that could cause you to |ooyourho/no. [[you own and live in the residential property which is the suhect of this foreclosure action,you may be able 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 conference. First,within twenty(20)days of your receipt of this notice, you must contact MidPenn i,egal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal r rescnonivna|uoohmrgxtoynu. Once you have been appointed m legal representative,you must promptly meet with that legal rcprocnuuivmwithin twenty(20)days of the appointment date, During that meeting,you must pro idndmhgdopnsmntahve*idiuU requested financial information so that a loan resolution proposal can be prepared on your behalf, U'you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepar and a Request for Conciliati o Conference with the Court,which must be tiled with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you du o and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your 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 he eligible for a conciliation conference. It is not necessary for you to contact 04idpenu[.cgo! Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be preparcl on your behi.,If. If you and your lawyer complete a financial worksheet iu the format attached hereto,your lawyer will prepar and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days "f'U'e service upon you of the foreclosure complaint. If you do so and a conciliation conibrence is 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 fbrword, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE.THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM {8FREE. ` Respectfully_ ,Ifif7) __ _ ____ , ^ Date � � . - � Michael Kolesnik,B;V`}J. . / Nn.308877 Attorney for Plaintiff , � . . r� � r . � ' � � . � � � �. � , . . � , . � � � , , ~ � . 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 determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CIIST()MF12/1)RIMARY AI'PLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes Li No -1 Listing date: Price: S Realtor Name: Realtor Phone: Borrower Occupied? Yes No n Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: of people in household: I-low long? ('0-BORROWER Mailing Address: City: State:_ Zip: Phone Nurnbers: I tome Office: Cell: Other: Email: # of people in household: I low long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage I...,ender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: . Primary Reason for Default: - __--_ -- _ Is the loan in Yes | No —1 If yes, provide names, location of court, ease number 8r attorney: Assets _ Amount Owed: Value: Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile#1: Model: Yuur:________ /\mountov/*d: \/aiuo� Automobile#2: Model: - Year: _______________ _ l'euc_______ Amount owed: Value:_ Other transportation(automobiles, boats.motorcycles : Model:. Ycuc_ Amount owed: Value Monthly Income Name of Employers: \. __ Monthly GroxuMonthly Nct____ 2. _ Monthly Gross Monthly.Net J. Monthly Gross Monthly Net Additional Income Description (not wages): � � • monthly amount: 2. o�on�b/vmoouuL Borrower Pay Day : CoBorrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 21'd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop, payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Carc/Tu it. , Other Expenses Amount Available tbr Monthly Mortgage Payments Based on Income& Expenses: Ilave you been working with a Uousirig Counseling Agency? ` Yes NoI i If yes, please provide the following information: Counseling Agency: . Counselor: Phone(Office): Fax: - . . Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (FfEMAP) assistance? Yes I-1 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 j No El 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): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to 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 (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff at Cumbtr, �vot Jody S Smith ` Chief Deputy , Richard W Stewart Solicitorrtc=c s1,rc The Bank of New York Me l ion Case Number vs. 2013-1279 Jerry L Custer(et al.) SHERIFFS RETURN OF SERVICE 03/2612013 05:16 PM-Deputy Shawn Gufshall, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Jennifer A Custer at 417 W. Simpson Street,Mechanicsburg Borough, G - 'csburg, PA 17055. ir t ;_ UTSHALL, DEPUTY 03/26/2013 05:18 PM-Deputy Shawn Gutshali,being duly sworn according to law,served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jennifer Custer,wife of defendant,who accepted as"Adult Person in Charge"for Jerry L Custer at 417 W. Simpson Street,Mechanicsburg Borough,Mechanicsburg, PA 17055. 1' 401,4% 400e GUTS} AUTY SHERIFF COST: $54.00 SO ANSWERS, ''-(#1.(igi°-*---------- March 27, 2013 RONh Y R ANDERSON,SHERIFF ;c) uny$$uwe Stoat,: eoso0 f 4 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST Court of Common Pleas COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS Civil Division SUCCESSOR TO JPMORGAN CHASE BANK N.A., Tenn AS TRUSTEE FOR RAMP 2006-RZ3 1100 VIRGINIA DRIVE No. 2013-1279-CIVIL P.O. BOX 8300 FORT WASHINGTON, PA 19034 Cumberland County Plaintiff v. JERRY L. CUSTER JENNIFER A. CUSTER 417 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3763 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: JERRY L. CUSTER JENNIFER A. CUSTER 417 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3763 Date: (P(C6 ('3 ' • / (- Jos:ph li Schalk, Esquire Attorney for Plaintiff 315441 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE Court of Common Pleas BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., Civil Division AS TRUSTEE FOR RAMP 2006-RZ3 Tenn 1100 VIRGINIA DRIVE P.O. BOX 8300 No. 2013-1279-CIVIL FORT WASHINGTON, PA 19034 Cumberland County Plaintiff :Z: .s JERRY L. CUSTER CD JENNIFER A. CUSTER < `' ' 417 WEST SIMPSON STREET ?'n MECHANICSBURG, PA 17055-3763 -2 «° Defendants ORDER AND NOW, this l? day of 2013, upon consideration of .Plaintiff's Motion to.Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter,is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic,Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: QL J. J. S'C.6(C 315441 CC : Jerry L. Custer and Jennifer A. Custer Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 JERRY L. CUSTER JENNIFER A. CUSTER 417 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3763 315441 PHELAN HALLINAN, LLP Attorne for Plaintiff Adam H. Davis,Esq., Id. No.203034 ; Ir E FR0 q Ff C - y 1617 JFK Boulevard, Suite 1400 { � �� One Penn Center Plaza 7913 AUG 28 AM 11: 16 Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com CUMBERLAND COUNTY 215-563-7000 PENNSYLVANIA THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF COURT OF COMMON PLEAS NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR TO JPMORGAN CIVIL DIVISION CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 No. 13-1279-CIVIL VS. JERRY L. CUSTER JENNIFER A. CUSTER 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,TERRY L. CUSTER and JENNIFER A. CUSTER, 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 $113,237.70 TOTAL $113,237.70 I hereby certify that (1) the Defendants' last known address is 417 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-3763, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date &2VI-3 Adam H. Davis, Esq., Id. No ?,030341-- Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: $ I3 �► PH#809200 PROTHONOTARY _. ,. Ot,IUC �# l 3 vn s 8090 2"1;�01gy1-)b IvoAa . PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY TRUST COMPANY,NATIONAL COURT OF COMMON PLEAS ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. CIVIL DIVISION AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR No. 13-1279-CIVIL RAMP 2006-RZ3 VS. JERRY L. CUSTER JENNIFER A. CUSTER AFFIDAVIT 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JERRY L. CUSTER is over 18 years of age and the defendant's last known address is 417 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-3763. (c) that defendant JENNIFER A. CUSTER is over 18 years of age and the defendant's last known address is 417 WEST SIMPSON STREET, MECHANICSBURG, PA 1.7055-3763. This statement is made subject to the penalties of 1.8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date X_/Z Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLMAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 809200 Department of Defense Manpower Data.Center Results as of:Aug-27-201312:11:27 SCRA 3.0 i Status Report x Pursuant to Scrvicem,embers Civil Relief Aot. Last Name: CUSTER First Name: JENNIFER Middle Name: A Active Duty Status As Of: Auy-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )4� ;4. * 6 414.— Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:Aug-27-2013 12:11:27 SCRA 3.0 A Status Report Pursuant to Service-mem,ben Civil Relief Act. Last Name: CUSTER First Name: JERRY Middle Name: L Active Duty Status As Of: Aug-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Stan Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR'QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Air+ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA THE CIVIL DIVISION BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., NO. 13-1279-CIVIL AS TRUSTEE FOR RAMP 2006-R7-3 Plaintiff CUMBERLAND COUNTY V. JERRY L.CUSTER JENNIFER A.CUSTER Defendant(s) TO: JERRY L.CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI`I7EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL,SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: � /y4ntl Adam H.Davis,Esq., id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#.809200 THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA THE CIVIL DIVISION BANK OF NEW YORK TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., NO. 13-1279-CIVIL AS TRUSTEE FOR RAMP 2006-RZ3 Plaintiff CUMBERLAND COUNTY V. JERRY L.CUSTER JENNIFER A.CUSTER Defendant(s) TO: JENNIFER A.CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO cou.,Ecr 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, 'PHIS CORRESPONDENCE IS NOT AND SHOULD NOT'BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY AS ENFORCEMENT OF LIEN AGAINST'PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TINE 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 PROVIDP., YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE'1'O PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER.LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland Count;Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (-1717)240-6195 CAR.T.-ISLE,PA 17013 (717)249-3166 13y: Adam H.Davis,Esq.,Id.No,203034 Attorricy for Plaintiff Phelan Ha'linan, LLP 1617 JFK Bo?flevard. Suite 1400 One Penn Centel-Plaza Philadelphia,PA 19103 PH 809200 (Rule of Civil Procedure No. 236) -Revised THE BANK OF NEW YORK MELLON CUMBERLAND COUNTY TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF COURT OF COMMON PLEAS NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., AS TRUSTEE FOR RAMP CIVIL DIVISION 2006-RZ3 No. 13-1279-CIVIL VS. JERRY L. CUSTER JENNIFER A. CUSTER Notice is iveGn th�jat a Judgment in the above captioned matter has been entered against you on � J. j'wbVL,' By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn.Center Plaza Philadelphia, PA 19103 215-563-7000 * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY'Y'Y 809200 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL COURT OF COMMON PLEAS ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE : CIVIL DIVISION FOR RAMP 2006-RZ3 Plaintiff NO.: 13-1279-CIVIL V. JERRY L. CUSTER CUMBERLAND COUNTY JENNIFER A. CUSTER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $113.237.70 Interest from 08/29/2013 to Date of Sale . ($18.61 per diem) 1 823.78 TOTAL 115.061.48 Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH#809200 CO C5/03.Sy. dv l� cnD na t~ 7: � oa• . 5d GL 2 gg971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 Plaintiff V. JERRY L. CUSTER JENNIFER A. CUSTER Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: �'� Address where papers may be served: JERRY L.CUSTER Phelan Hallinan,LLP 417 WEST SIMPSON STREET Adam H.Davis,Esq.,Id.No.203034 MECHANICSBURG,PA 17055-3763 Attorney for Plaintiff JENNIFER A.CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 1 LEGAL DESCRIPTION ALL that certain Lot of Ground,with the dwelling house thereon erected,known as No.417 West Simpson Street,together with other improvements thereon erected,situate on the south side of West Simpson Street (5th Ward)in the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at an iron pin on the curb line, at corner of property sold off this same tract by deed dated September 22, 1922 to William M.Bosserman and now or lately owned by Carolus E.Fox and wife;thence at right angles to the said curb line southwardly along said property 56.5 feet to an iron pin;thence southwardly along said property 185.3 feet to an iron pin at a 16 foot alley;thence eastwardly along said alley 35 feet to a post at corner of lot now or late of Willis Kunkle;thence northwardly along said lot 236 feet to a stake at said curb of said West Simpson Street;thence westwardly along said curb line 29 feet to an iron pin, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Jerry L. Custer and Jennifer A. Custer from Stephen C. Custer and Janice E. Custer, by Warranty Deed, dated 05/24/2006 and recorded 05/26/2006 in Book 274 Page 3676. PREMISES BEING: 417 WEST SIMPSON STREET,MECHANICSBURG,PA 17055-3763 PARCEL NO.20-24-0785-154 PHELAN HALLINAN, LLP M l -T r,..�. Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 OF- THE.P'R{3 �i0i�QTA'r� 1617 JFK Boulevard, Suite 1400 20-13 AUG 28 AM h. I One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Adam.Davis @PhelanHallinan.com PENNSYLVANIA 215-563-7000 THE BANK OF NEW YORK MELLON TRUST COMPANY, COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CIVIL DIVISION CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 Plaintiff NO.: 13-1279-CIVIL V. CUMBERLAND COUNTY JERRY L. CUSTER JENNIFER A. CUSTER Defendant(s) CERTIFICATION 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: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff THE BANK OF NEW YORK MELLON TRUST COURT OF COMMON PLEAS COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS CIVIL DIVISION SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 NO.: 13-1279-CIVIL Plaintiff V. CUMBERLAND COUNTY JERRY L. CUSTER JENNIFER A. CUSTER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3,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 417 WEST SIMPSON STREET,MECHANICSBURG,PA 17055-3763. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained„ r please so indicate) _ - JERRY L.CUSTER 417 WEST SIMPSON STREET MCD . t MECHANICSBURG,PA 17055-3763 CD JENNIFER A.CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA.17055-3763 C d Z O CD 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably—t • ascertained,please so indicate) SAME AS ABOVE. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None. 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) BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET MECHANICSBURG,PA 17055 PH# 809200 BOROUGH OF MECHANICSBURG 36 WEST ALLEN STREET C/O DAVID J.SPOTTS,ESQUIRE MECHANICSBURG,PA 17055 BOROUGH OF MECHANICSBURG 38 WEST ALLEN STREET MECHANICSBURG,PA 17055 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 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 DOMESTIC RELATIONS OF 1.3 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 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 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 unswom falsification to authorities. Date: By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#809200 THE BANK OF NEW YORK MELLON TRUST COMPANY, : COURT OF COMMON PLEAS NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK : TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN : CIVIL DIVISION CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 . : NO.: .13-1279-CIVIL Plaintiff : VS. CUMBERLAND COUNTY c: JERRY L. CUSTER c JENNIFER A. CUSTER CO � �,-- Defendants) �m NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 20 icy`} TO: JERRY L. CUSTER JENNIFER A. CUSTER "'c --J 417 WEST SIMPSON STREET MECHANICSBURG, PA 17055-3763 "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 417 WEST SIMPSON STREET,MECHANICSBURG,PA 17055-3763 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$113,237.70 obtained by THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3(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 31.29.3. 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. 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.) y 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 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 M} LEGAL DESCRIPTION ALL that certain Lot of Ground,with the dwelling house thereon erected,known as No.417 West Simpson Street,together with other improvements thereon erected,situate on the south side of West Simpson Street (5th Ward)in the Borough of Mechanicsburg,County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at an iron pin on the curb line,at corner of property sold off this same tract by deed dated September 22, 1922 to William M.Bosserman and now or lately owned by Carolus E.Fox and wife;thence at right angles to the said curb line southwardly along said property 56.5 feet to an iron pin;thence southwardly along said property 185.3 feet to an iron pin at a 16 foot alley;thence eastwardly along said alley 35 feet to a post at corner of lot now or late of Willis Kunkle;thence northwardly along said lot 236 feet to a stake at said curb of said West Simpson Street;thence westwardly along said curb line 29 feet to an iron pin, the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Jerry L. Custer and Jennifer A. Custer from Stephen C. Custer and Janice E. Custer,by Warranty Deed,dated 05/24/2006 and recorded 05/26/2006 in Book 274 Page 3676. PREMISES BEING:417 WEST SIMPSON STREET,MECHANICSBURG,PA 17055-3763 PARCEL NO.20-24-0785-154 . SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-1279-CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY,N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006- RZ3 V. JERRY L. CUSTER JENNIFER A. CUSTER owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania,being 417 WEST SIMPSON STREET,MECHANICSBURG,PA 17055-3763 Parcel No. 20-24-0785-154 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $113,237.70 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-1279 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY,NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RAMP 2006- RZ3 Plaintiff(s) From JERRY L. CUSTER,JENNIFER A. CUSTER (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: $11.3,237.70 L.L.:$.50 Interest from 08/29/2013 to Date of Sale($18.61 per diem)-$1,823.78 Atty's Comm: Due Prothy: $2.25 Atty Paid: $202.75 Other Costs: Plaintiff Paid: Date: August 28,2013 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No.203034 4 AFFIDAVIT OF SERVICE S PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK PH#809200 TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 C ' DEFENDANT SERVICE TEAM/lxh JERRY L.CUSTER COURT NO.:13-1279-CIVIL :x.77 —4 °c? JENNIFER A.CUSTER fir- I ;:) SERVE JENNIFER A.CUSTER AT: TYPE OF ACTION C"" -1 417 WEST SIMPSON STREET XX Notice of Sheriff's Sale p(---) 2 MECHANICSBURG,PA 17055-3763 SALE DATE: December 4,2013 — p t.,._. SERVED ' IN Served and mad known to JENNIFER A.CUSTER,Defendant on the rU day of ST -20 at t_ LC,o'clock 8-M.,at y n VverT Sht"EtliQ ,in the manner described below: efendant personally served. 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: aS � s Description: Age 'fO Height Gj Height 3 Weight i Race W Sex Other I eat ` N , a competent adult,hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Y"� DATE: 1 �'`)l) NAME: / vv /101 PRINTED NAME: TITLE: S NOT SERVED On the day of , ,at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND ecause: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 3 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK PH#809200 TRUST COMPANY,N.A.AS SUCCESSOR TO JPMORGAN CHASE BANK N.A.,AS TRUSTEE FOR RAMP 2006-RZ3 DEFENDANT SERVICE TEAM/lxh JERRY L.CUSTER COURT NO.: 13-1279-CIVIL t"rtm' CD =. JENNIFER A.CUSTER 70 --4 "Ti SERVE JERRY L.CUSTER AT: TYPE OF ACTION "< CO --1 c: 417 WEST SIMPSON STREET XX Notice of Sheriff's Sale CD „ -r MECHANICSBURG,PA 17055-3763 SALE DATE: December 4,2013 SERVED �.. Nerved and made known to JERRY L.CUSTER,Defendant on the it) day of grf2O at 11.-°C,o'clock .M.,at V.Jl 1.(- S1 iI50N S't(Ll in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is 1€ ' ftI1. O'- Ct1S`TeXZ- 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 6 S Height S,3 4 Weight Race 1�.! Sex Other I, ft tJ''t' (7 _I t. , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /�� DATE: 1/ 'sat, NAME: ./`�" - f to ��{ / PRINTED NAME: '6""��AME: ` Ori,r- e C`L TITLE: °(�S S NOT SERVED On the day of 20_,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because : Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 4— f fvD-A0F 1 C E Sheriff iai' THE Pi�OTHbN,0T,�i(,f yylXN\ip fit�'tl1tit;,"�¢�jds� Jody S Smith Chief Deputy 20114 JAN 28 Pfd '2: 4 7 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFIGE OFTkE SHERIFF PENNSYLVANIA The Bank of New York Mellon Trust Company Case Number vs. Jerry L Custer(et al.) 2013-1279 SHERIFF'S RETURN OF SERVICE 09/20/2013 09:03 PM - Deputy Shawn Gutshall, 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 417 West Simpson Street, Mechanicsburg - Borough, Mechanicsburg, PA 17055, Cumberland County. 09/20/2013 09:03 PM - Deputy Shawn Gutshall, 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: Jerry L Custer at 417 W. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 09/20/2013 09:03 PM - Deputy Shawn Gutshall, 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 Jerry Custer- Husband, who accepted as"Adult Person in Charge"for Jennifer A Custer at 417 W. Simpson Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 11/22/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 01/27/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $804.44 SO ANSWERS, January 27, 2014 RbNW R ANDERSON, SHERIFF 'e�Ru�ou E�3o�05� it CountySuite Sheriff,Teleosoft,Ina On September 9, 2013 the Sheriff levied upon the defendant's interest-in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 417 West Simpson Street, Mechanicsburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 By: Real Estate Coordinator . U SRV [I01 ��I LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2013-1279 Civil Term THE BANK OF NEW YORK MELLON TRUST COMPANY VS. JERRY L.CUSTER, Jennifer A. Custer Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-1279-CIVIL, THE BANK OF NEW YORK MELLON TRUST COM- PANY,NATIONAL ASSOCIATION fka THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., AS TRUSTEE FOR RAMP 2006-RZ3 v.JERRY L. CUSTER,JENNIFER A. CUSTER owner(s)of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsyl- vania, being 417 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-3763. Parcel No.20-24-0785-154. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$113,237.70. 43 L 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: October 11, October 18 and October 25, 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 Lisa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. ` ;?12020 Technology Pkwy t4e atr1*otwXtws 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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. 2013-1279 Civil Term THE BANK OF NEW YORK MELLON TRUST COMPANY This ad ran on the dates shown below: Vs' 10/13/13 'JERRY L CUSTER Jennifer A Custer 10/20/13 Arty: Joseph Schalk 10/27/13 By virtue of a Writ of Execution No. 13-1279-CIVIL THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF . . . . . . . . . . . . . . . . . . . . . NEW YORK TRUST COMPANY,NA.AS SUCCESSOR TO JPMORGAN CHASE BANK NA.,AS TRUSTEE FOR RAMP Sworn to and subscribed before me this 11 day of November, 2013 A.D. 2006-RZ3 V. JERRY L.CUSTER JENNIFER A.CUSTER owner(s) property situate in ary Public BOROUGH, CUMBERLAND County, Pennsylvania, being 417 WEST SIMPSON STREET, COMMONWEALTH OF PENNSYLVANIA MECHANICSBURG,PA 17055-3763 Notarial Seal Parcel No.20-24-0785-154 Holly Lynn Warfel,Notary Public (Acreage or street address) I Washington Twp.,Dauphin County Improvements thereon: RESIDENTIAL i My Commission Expires Dec.12,2016 DWELLING MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES Judgment Amounf:$113,237.70 J �' " • ;F !HE P Rte 3 ONOTA 2N4 FEB 25 AM IO: 27 CUMBERLAND COUNTY PENNSYLVANIA • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST : Court of Common Pleas COMPANY, NATIONAL ASSOCIATION FKA THE : BANK OF NEW YORK TRUST COMPANY, N.A. AS : Civil Division SUCCESSOR TO JPMORGAN CHASE BANK N.A., : AS TRUSTEE FOR RAMP 2006-RZ3 : CUMBERLAND County Plaintiff : No.13-1279-CIVIL v. JERRY L.CUSTER JENNIFER A.CUSTER Defendant(s) PRAECIPE TO THE PROTHONOTARY: • • • Li Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Li Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the Judgment entered. Date: de2/c21-0 PHELAN HALLINAN, LP Ma " anyon,Esq.,Id. 4.203993 ttorney for Plaintiff PH#809200 I g eK_it / 2 - te . P/6 pff- c,7-aaP/ • : • • • • • Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON TRUST Court of Common Pleas COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS Civil Division SUCCESSOR TO JPMORGAN CHASE BANK N.A., AS TRUSTEE FOR RAMP 2006-RZ3 CUMBERLAND County Plaintiff • No.13-1279-CIVIL v. JERRY L.CUSTER JENNIFER A. CUSTER Defendant(s) { CERTIFICATION OF SERVICE k , I hereby certify true anal correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JERRY L.CUSTER JENNIFER A.CUSTER 417 WEST SIMPSON STREET MECHANICSBURG,PA 17055-3763 Date: d 49'�1 `� PHELAN HALLINAN,LLP /494-// By Mario J. an .,I y on Es q., d IQo.203993 Attorney for Plaintiff