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HomeMy WebLinkAbout13-3769 Supreme Co, ennsylvania Con J&mo leas For Prothonotary Use Only: 1 'v Docket No: Cu e r 1111 C ounty �1p The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S IM Complaint [3 Writ of Summons Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Deutsche Bank National Trust Company Kimberly D. Rickabaugh; Shawn E. Rickabaugh T Dollar Amount Requested: 0 within arbitration limits I Are money damages requested? 0 Yes EM No (check one) Fil outside arbitration limits O N Is this a Class Action Suit? ® Yes M No Is this an MDJAppeal? ® Yes l No A Name of Plaintiff /Appellant's Attorney: Harry Reese, Esquire © Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ® Buyer Plaintiff Administrative Agencies © Malicious Prosecution © Debt Collection: Credit Card Ul Board of Assessment © Motor Vehicle ® Debt Collection: Other [3 Board of Elections ® Nuisance Dept. of Transportation ® Premises Liability 8 Statutory Appeal: Other S [3 Product Liability (does not include ® Employment Dispute: E mass tort) 0 Slander/Libel /Defamation Discrimination ® C ® Other: ® Employment Dispute: Other Zoning Board T ® Other: I ® Other: O MASS TORT © Asbestos N 13 Tobacco ® Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY' MISCELLANEOUS ® Toxic Waste ® Other: E3 Ejectment ®Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation ® Declaratory Judgment © Ground Rent ® Mandamus 0 Landlord/Tenant Dispute ® Non- Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental © Partition 13 Replevin ® Legal 13 Quiet Title ® Other: M Medical ® Other: Other Professional: Updated 1/1/2011 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID#34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID#90675 SALVATORE CAROLLO, ESQUIRE - ID#311050 HARRY B. REESE, ESQUIRE - ID#310501 -< ELIZABETH L. WASSALL, ESQUIRE - ID#77788� JOHN ERIC KISHBAUGH, ESQUIRE - ID#33078 G rcz NICOLE B. LABLETTA, ESQUIRE - ID#202194 v � DAVID NEEREN, ESQUIRE - ID #204252 c -� JORDAN DAVID, ESQUIRE - ID#311968 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 pleadings @udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc., Asset - Backed Pass- CUMBERLAND County Through Certificates, Series 2002 -C C/O Ocwen Loan Servicing, LLC 9 1661 Worthington Road NO. 13 1 V I Suite 100 West Palm Beach, FL 33409 Plaintiff V. KIMBERLY D. RICKABAUGH 889 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 SHAWN E. RICKABAUGH 889 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 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 )M} t l o . 7S� saoao a gas'04 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 (856) 669 -5400 1. Plaintiff is the entity designated in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this Action. Plaintiff is either the current mortgagee of record, is the legal holder of the Mortgage by virtue of being successor in interest to the current mortgagee of record, or is the legal holder of the Mortgage by virtue of Assignment of Mortgage. If Plaintiff is the legal holder of the Mortgage by virtue of Assignment of Mortgage, it is by the following Assignments of Mortgage, all of which have either been recorded or Plaintiff is in the process of formalizing the actual Assignment of Mortgage in Plaintiff s favor: Assignor: Ameriquest Mortgage Company Assignee: Deutsche Bank National Trust Company as trustee of Ameriquest Mortgage Securities Inc. Series 2002 -C Asset Backed Certificates Under the Pooling and Servicing Agreement Dated as October 1, 2002, without recourse Date of Assignment: 03/29/2007 Recorded Date: 04/13/2007 Book/Instrument #: 735 Page: 4974 Assignor: Deutsche Bank National Trust Company as trustee of Ameriquest Mortgage Securities Inc. Series 2002 -C Asset Backed Certificates Under the Pooling and Servicing Agreement Dated as October 1, 2002 Assignee: Deutsche Bank National Trust Company as trustee of Series 2002 -C Asset Backed Certificates Under the Pooling and Servicing Agreement Dated as October 1, 2002 Date of Assignment: Recorded Date: Book/Instrument #: Page: Assignor: Deutsche Bank National Trust Company as trustee of Series 2002 -C Asset Backed Certificates Under the Pooling and Servicing Agreement Dated as October 1, 2002, without recourse Assignee: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - Backed Pass - Through Certificates, Series 2002 -C Date of Assignment: 05/12/2010 Recorded Date: 05/28/2010 Book/Instrument #: Instrument Number: 201013931 Page: NA 2. Upon information and belief Defendant(s) and/or their predecessor: Kimberly Rickabaugh & Shawn E. Rickabaugh (hereinafter "Defendants "), are the owners of property located at 889 Grahams Wood Road, Newville, PA 17241, by virtue of Deed dated 10/08/2001 and recorded 10/10/2001 in Official Records Book 248 at Page 3615 of the Public Records of Cumberland County, Pennsylvania (hereinafter the "Property"). 3. On 08/23/2002, Defendant(s) and/or their predecessor: KIMBERLY D. RICKABAUGH SHAWN E. RICKABAUGH promised to pay to the order of Ameriquest Mortgage Company, the principal sum of $135,000.00 payable with interest thereon provided in the Note. 4. By Mortgage dated 08/23/2002, Defendant(s) and/or their predecessor: KIMBERLY D. RICKABAUGH SHAWN E. RICKABAUGH to secure the Note, mortgaged to Ameriquest Mortgage Company , the Property which is the subject of this action. The Mortgage was recorded on 09/25/2002 in Official Records Book 1774 at Page 2457. Said Mortgage is incorporated herein by referenced in accordance with Pa.R.C.P 1019(g). A legal description of the mortgage premises is attached hereto and made a part hereof. 5. Said mortgage is in default in that the payment due 08/01/2012, and all subsequent payments have not been made, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with the other charges authorized by said Mortgage and itemized below, shall be immediately due. 6. After demand, the Defendant(s) continues to fail or refused to comply with the terms of the Mortgage as follows: (a) By failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) By failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage or modification agreement as of the date stated below Unpaid Principal Balance $218,697.70 Accumulated Interest $4,033.80 Accumulated Late Charges $1,532.09 Escrow Deficit /(Reserve) $1,065.85 Title Report $300.00 Attorney Fee $1,650.00 Property Inspection Fee $21.00 Property Valuation Fee $292.00 Prior Servicer Fees $825.00 Grand Total $228,417.44 The above figures are calculated as of 05/29/2013: The interest rate is subject to adjustment if more fully described as such in the note and mortgage. The interest rate on the subject note is at 2.00000 %. The per diem interest accruing on this debt is $12.1500 and that sum should be added each day after the above date. The late charge is subject to adjustment if more fully described as such in the note and mortgage. The late charge rate on the subject note should be added in accordance to the terms of the note and mortgage charged monthly at $48.56. 7. Breach letters have been sent to Defendant(s) in accordance with the requirements of the subject mortgage and/or The Pennsylvania Act 6 of 1974 of the Commonwealth of Pennsylvania and, if applicable, Act 91 of 1983. Copies of the breach letters are attached hereto as Exhibit "A ". WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $ 228,417.44 plus ongoing interest, costs and attorneys fees and for sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. [ "_ HARRY S. REESE, ESQUtOlF I A n BY ' 10501 VERIFICATION Contract Management 1, the undersigned, a(n) Coordinator of Ocwen Loan Servicing, LLC ( "Ocwen ") and authorized signor as Vice President for Homeward Residential, Inc its attorney in fact for Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - Backed Pass - Through Certificates, Series 2002 - C( "Plaintiff'), am authorized to make this verification on behalf of Ocwen and hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Except where otherwise stated and/or based upon public record, this verification is based upon a review of business records regularly created, kept and maintained in the course of Ocweri s mortgage servicing business conducted on Plaintiffs behalf. In making this verification, I understand that it is a crime under 18 PA C.S. Section 4904 to make a written statement to a public servant, or to invite a public servant's reliance upon a written statement or instrument, which I do not believe to be true or which I know to be false Date: G — ��' 3 � -� Name: Ais Aae ( Title: V ' ce Pre 5 /Gt ie�1. Company: Homeward Residential, Inc., as attorney in fact for Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - Backed Pass - Through Certificates, Series 2002 -C Borrower: KIMBERLY D. RICKABAUGH SHAWN E. RICKABAUGH Property Address: 889 Grahams Wood Road, Newville, PA 17241 MJU #: 10040273 -3 � I Exhibit "A" ' Description: The land referred to herein is situated in the State of Pennsylvania, County of Cumberland, City of Newvilte described as follows: File Number: 736418 ALT, THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOws, TO i WIT: BEGINNING AT A POINT IN LINE OF LAND, NOW OR FORMERLY OF J.C. CHRONISTER; THENCE ALONG LAND, NOW OR FORMERLY OF GUY R. ETTER AND DOROTHY IVL ETTER, HIS WIFE, NORTH SIXTY -EIGHT (68) DEGREES EAST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN LINE OF AND, NOW OR FORMERLY OF CHARLES BAUGHMAN; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID BAUGHMAN, SOUTH TWENTY -ONE (21) DEGREES EAST, A DISTANCE OF SEVENTY (70) FEET TO THE POINT IN LINE OF LANDS, NOW OR FORMERLY OF THE SAID CHARLES BAUGHMAN; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID CHARLES BAUGHMAN, SOUTH SIXTY- EIGHTS (68) DEGREES WEST, A DISTANCE OF FOUR HUNDRED TEN (410) FEET TO A POINT IN, lti�� THEI2N�SID� A PUBLIC ROAD AND LANDS NOW OR FORMERLY OF THE SAID J.C. CHR�O IS ; ��7G�E DrA,G�ONALLY CROSSING THE SAID PUBLIC ROAD AND ALONG LANDS NOW OR FiliC?tTH Sr1ID J.C. CHRONISTER, NORTH nVENTY (20) DEGREES THIRTY (30) MINUTES WEST�>�:l I QF SEVENTY (70) FEET TO A POINT, THE PLACE OF BEGINNING. SOURCE OF TITLE: BOOK 248 PAGE 3615 (RECORDED 10/10/2001) APN: 43 -04- 0385 -030 Upper Frankford twp I I Certify this to be recorded In Cumberland County PA Recorder of Deeds st -07 12001 reFm -d- 11.p4ofS 1 iJ6C6L7 7AX244 3 C To: SHAWN E. RICKABAUGH / 889 GRAHAMS WOOD RD V NEWVILLE, PA 17241 Re: Property Address: 889 GRAHAMS WOODS RD NEWVILLE, PA 17241 MJU #: 10040273 -3 Exhibit A To: KIMBERLY D. RICKABAUGH 889 GRAHAMS WOOD RD V NEWVILLE, PA 17241 Re: Property Address: 889 GRAHAMS WOODS RD NEWVILLE, PA 17241 MJU #: 10040273 -3 March 28, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works_ To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUM ERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI IIR SU HIPOTECA. HOMEOWNER'S NAME(S): Shawn E. Rickabaugh Kimberly D. Rickabaugh PROPERTY ADDRESS: 889 GRAHAMS WOODS RD, NEWVILLE, PA 17241 LOAN ACCT. NO.: 7145823865 ORIGINAL LENDER: Ameriquest Mortgage Company CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset - Backed Pass - Through Certificates, Series 2002 -C HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS_ IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 889 GRAHAMS WOODS RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:_ Monthly Payment of $1,099.26 From August 1, 2012 through November 1, 2012 $4,397.04 Monthly Payment of $1,086.31 From December 1, 2012 through March 1, 2013 $4,345.24 Late Charges $1,532.09 Other Charges (itemize/ explain) Property Valuation FeesBPO $110.00 Total Amount Past Due: $10,384.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,384.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 -3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. ( Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately _____ months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender /Servicer: Ocwen Loan Servicing, LLC Address: 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 Phone Number: 877 - 596 -8580 Fax Number. 407- 737 -5693 Contact Person: Customer Service E -Mail Address: EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You ®may or ❑ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. PLEASE SEE ATTACHED LIST OF CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated; 01 /09/2013 10:27 AM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717- 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA I7102 Chambersburg, PA 17201 717- 234 -6616 . 717- 264 -5913 i PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 - 334 -1518 717 -780 -3940 800- 342 -2397 I i X IrVH!) 688 IH °24 NMVHS .os a i �_� a !! V G 7 8 41 c�� c CL + aw xn o ;G EOS2 29fr5 0000 0+i9T 2M. 30VISOd M ; E052 29hS HIM Dh9T 2TO4 831N30 3' . ►' 8 Od-" Of.) i S:Rj DC MNA I '0 `93 1dJQ Mr's? N7,:Qn COMPLETE THIS SECTION ON DELIVERY I ■ Complete Items 1, 2, and 3. Also complete A. Signature 1 Item 41f Restricted Delivery is desired. ■ Print your name and address on the reverse X C3 Agent I ■ Attach th s e mallp ece, ❑'Addressee card to the back. of th B. Received by (Printed Name) C, Date of Delivery or on.the front If space permits. 1 • Article Addressed to: D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 4� Q Certified Mail 13 Express Mail Registered eturn Recelpt for Merchandise [03 Insured Mali ON .O.D. 4. Restricted Delivery? (Extra Fee) ❑Yes 2. Article Number ranter 5 6 9 7 (] (r rrom senrlce t 12 1 6 4 CI 00 00 5462 2503 PS Form 3811 February 20Q4 Domestic Return Receipt 102595- 02- rn•1540 r 5 i e 8, p A 1 --ENJ 'ORPOID CENTER 1 1 44 r PIC-AD 0 06-310 03, Mailed From 08003 7012 1640 0000 q U L.� US , POSTAGE 7012 1640 0000 5462 1 01. wk; % + 0, 4e R two To: KIMBERL 889 GRAN NEVV'VML io 6. o t' �FPS*'�, c'' t�Y,: C: a), �t` s4sly) rf}} ij� ;� =m�l}jlt {;S!.�i1�fi�f�fAYtS 2( 4�l�t ,nl,.i,`��tr��s. ?ryea'I1•(.i' its .;;1i(fihl�iti;�4i ?if45ibii�(i ��tgaou:�Nrr7, st.1 �s?l.. �`? COMPLETE t • O C OMPLETE SECT �g s ■ Complete Items 1, 2, and 3. Also complete A. Signature I " ❑ X Agent item 4 if Restricted Delivery Is desired. ' 0 Print your name and address on the reverse 13 Addressee ;? so that we can return the card to you. B. Received by (FWnted Name) C. Date of Delivery ■ Attach this card to the back of the maii n or on the front If space permits. p c ;{ D..Ls delivery address different from item 17 13 yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Cj -C,.. h 0. nod 2 t ( 3. Service Type z 1 'gcertifleci Mail ❑ Express Man i IQ e �; �I k c 7 y( ❑Registered l9.Retum Receipt.for Merchandise i ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Fxba Fee) ❑ Yes ii i 2. Article Number 71712 1640 00 00 5462 2510 i, (1Fansfer from Service JAW - -_ — i PS Form 3811 February 2004 Domestic Return Receipt teaass oz- M -tsao FORM 1 IN THE COURT OF COMMON PLEAS O rn CUMBERLAND COUNTY, PENNSYLVt S- - 1 Plaintiff(s) C vs. t Defendant(s) J ` MCivil -- 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 properry which is the subject 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 Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a.legal representative, you must promptly meet with that legal representative within twenty (20) days o.f 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 legal representative complete a financial worksheet in the format attached.hereto, the legal representative will prepare and file 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 have an opportunity to meet with a representative of your lender in an attempt to work out 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 be eligible for a conciliation conference. It. is not necessary for.you to contact MidPenn Legal 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 prepared on your behalf. I.f you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file 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 have an opportunity to meet with a representative of your lender in an attempt to Nvorr, out reasonable arrangements 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 [,Vat of Co sel for Plaintiff) HARRY EESE, ESQUIRE ID 310501 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 Please provide the following information to the best of your knowledge: CEISTONIEWPRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing. Address (if different),: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Nurn.bers: Home: Office: Cell: Other: Email: # of people in household.: How long? FINANCIAL +. First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ .._.. ...... ._ .............._............._.........._....... ...- __......_....._............ ....._ ..... .... ._.... If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed. Value: Other transportation. (automobiles, boats, motorcycles): .Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. J. j Additional I.n.come Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mort aue Utilities Car Payment(s) Cundo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alien. Sending Money Da /Child Care/Tuit. Other Expenses . i 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: i _....... __......... _ ............ ............ - - - -. - - - -- .. 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 know, regarding your lender or 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 / serviccer 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 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: Proof of income V Past 2 bank statements �. Proof of any expected income for the last 45 days Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) , FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012. governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as fol..lows: 1: Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; �. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court= supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 1.8 Pa. C.S. §4904 relating to unsworn falsification to authorities. i Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE GAZZARA DOYLE, ESQUIRE - ID #34576 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 ° x SALVATORE CAROLLO, ESQUIRE - ID #311050 rn HARRY B. REESE, ESQUIRE - ID #310501 r ELIZABETH L. WASSALL, ESQUIRE - ID#77788 y CD JOHN ERIC KISHBAUGH, ESQUIRE - ID #33078,, ; NICOLE B. LABLETTA, ESQUIRE - ID #202194 DAVID NEEREN, ESQUIRE - ID #204252 JORDAN DAVID, ESQUIRE - ID #311968 WOODCREST CORPORATE CENTER -� r 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 -3620 856- 669 -5400 Pleadings@udren.com Deutsche Bank National TYust Company, as Trustee COURT OF COMMON PLEAS for Ameriquest Mortgage Securities Inc., Asset- CIVIL DIVISION Backed Pass - Through Certificates, Series 2002 -C CUMBERLAND County 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409 NO. Plaintiff V. Kimberly D. Rickabaugh 889 Grahams Wood Road Newville, PA 17241 Shawn E. Rickabaugh 889 Grahams Wood Road Newville, PA 17241 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the following counsel: Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Gazzara Doyle, Esquire; Sherri J. Braunstein, Esquire; Harry B. Reese, Esquire; Salvatore Carollo, Esquire; Elizabeth L. Wassall, Esquire; John Eric Kishbaugh, Esquire; Nicole B. LaBletta, Esquire; David Neeren, Esquire, and Jordan David, Esquire on behalf of the Plaintiff, in the above - captioned matter. UDREN LAW OFFICE P.C. BY: I A / HARRY B. SE, ESQUIRE PA 310501 SHERIFF'S OFFICE OF CUMBERLAND-°00UNTY Ronny R Anderson Sheriff +�:it���j t 1 '°y��}}���g� 4'4tle,D ir�lY"L', 44 ilia H6 i R i 0 N 0 P% 2i Jody S Smith Chief Deputy ;: 18 AM 9* Richard W Stewart Solicitor OFPICE QF 71HE SltERIFP (; . i t tJ R7101 4V 0d� ' i�ifi UDREN LAW OFFICES, P.C. 23111 ,1,4;4 29 A f f:A TORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTERJMBERLANO COUNTY 111 WOODCREST ROAD, SUITE 200 PENNSYLVANIA CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass- Through Certificates, Series 2002-C . CUMBERLAND COUNTY, PA Plaintiff NO. 13-3769 Civil v. Kimberly D. Rickabaugh Shawn E. Rickabaugh Defendants PRAECIPE FOR RELEASE OF DEFENDANT TO THE PROTHONOTARY: Kindly release Kimberly D. Rickabaugh as a Defendant in this action, without prejudice. Kimberly D. Rickabaugh was released from prior foreclosure as Kimberly D. Rickabaugh is deceased as of 5/02/2009. Upon her death, interest passed to Shawn E. Rickabaugh. Accordingly, there is no need to name Kimberly D. Rickabaugh as a Defendant. Plaintiff releases Kimberly D. Rickabaugh from liability pursuant to Pa.R.Civ.P. 1144(b). Dated: January 17, 2014 UDRE : ,f OFFI' S, P.C. BY: 4 ___ Stuart Winneg, esqUire PA ID 45362 p Zp 1009 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003 (856) 669-5400 pleadings(a�udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc., Asset-Backed Pass- Through Certificates, Series 2002-C . CUMBERLAND COUNTY, PA Plaintiff NO. 13-3769 Civil v. Kimberly D. Rickabaugh Shawn E. Rickabaugh Defendants CERTIFICATE OF SERVICE The undersigned, hereby certifies that true and correct copies of Praecipe For Release of Defendant, Kimberly D. Rickabaugh, Without Prejudice was served upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Date Served: January IT 2014 TO: Kimberly D. Rickabaugh Shawn E. Rickabaugh 889 Grahams Wood Road 889 Grahams Wood Road Newville, PA 17241 Newville, PA 17241 N LA • CES, P.C. BY: 1,14 w Stun Winneg, Esquire PA ID 45362 ti UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C 1661 Worthington Road MORTGAGE FORECLOSURE Suite 100 West Palm Beach, FL 33409 : O Plaintiff NO. 13-3769 Civil r CO T' cow--t SHAWN E. RICKABAUGH -< c i 889 GRAHAMS WOOD v` ' ` © ROADNEWVILLE, PA 17241 v Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), SHAWN E. RICKABAUGH; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $218,697.70 Interest Per Complaint $4,033.80 Additional Interest 05/30/2013 02/14/2014 $3,159.00 Late Charges Per Complaint $1,532.09 Additional Late Charges 05/30/2013 02/14/2014 $388.48 Escrow Per Complaint $1,065.85 Title Report $300.00 Attorney Fee $1,650.00 Property Inspection Fee $21.00 Property Valuation Fee $292.00 Prior Servicer Fees $825.00 Grand Total $231,964.92 C�uu S . )-?°1 /11( . '�.�. Mat led • . I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above, and(2)that notice has been given in accordance with Rule 237.1,a copy of which is attached hereto. UDI1EN L-W O. - ES, P.C. HARRY E. REESE, ESQUIRE BY: 'A ID 310501 Atto to e or Plaintiff /4t04.040p DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: 01 IT)SI PRO PR .",a MJU#: 10040273 CASE#: 10040273-3 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 Deutsche Bank National Trust Company,as COURT OF COMMON PLEAS Trustee for Ameriquest Mortgage Securities CIVIL DIVISION Inc.,Asset-Backed Pass-Through Cumberland County Certificates,Series 2002-C MORTGAGE FORECLOSURE Plaintiff v. NO. 13-3769 Civil Shawn E.Rickabaugh Defendant(s) TO: Shawn E.Rickabaugh 889 Grahams Wood Road Newville,PA 17241 Date of Notice: February 3,2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ(10)DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA,SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA,USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO,0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO,VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCR.ITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT,THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UDREN LAW OFFICES,PC. BY: p L Aft rney for Plaintiff 1 Ian LaB!e Woodcrest Corporate Center PA 1D 202194 111 Woodcrest Road, Suite 200 Cherry Hill,New Jersey 08003-3620 MJU#: 10040273 CASE#: 10040273-3 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings @udren.com COURT OF COMMON PLEAS Deutsche Bank National Trust Company, as CIVIL DIVISION Trustee for Ameriquest Mortgage Securities Cumberland County Inc.,Asset-Backed Pass-Through Certificates, Series 2002-C MORTGAGE FORECLOSURE Plaintiff v. NO. 13-3769 Civil SHAWN E.RICKABAUGH, Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE UNDER Pa.R.C.P 76 THE UNDERSIGNED states based upon a search of the Department of Defense Manpower Data Center for the Defendant(s),that the Defendant(s), SHAWN E.RICKABAUGH,who/each of whom is over 18 years of age is/are not in active military service as defined in the Servicemembers' Civil Relief Act. The Military Status Report(s)is/are attached hereto as Exhibit "A". The Affiant lacks sufficient information to be able to determine whether any other Defendants in this action are in active military service because Plaintiff cannot provide date(s)of birth and/or Social Security number(s) for said Defendant(s)to enable a search. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: February 12,2014 to ey for 'aintiff HARRY E. REESE, ES,JUIRE PA ID3105• MJU#: 10040273 CASE#: 10040273-3 Department of Defense Manpower Data Center Results as of:Feb-12-2014 11:01:28 AM SCRA 3.0 Status Report Pursuant to Servicemsmbers Civil Relief Act Last Name: RICKABAUGH First Name: SHAWN Middle Name: E Active Duty Status As Of: Feb-12-2014 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 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. 4101 Y4. )1411141-1:4:11:40174„., Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 • The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOM Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 37X5Q3977029450 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com COURT OF COMMON PLEAS Deutsche Bank National Trust Company, ! CIVIL DIVISION as Trustee for Ameriquest Mortgage Cumberland County Securities Inc.,Asset-Backed Pass-Through Certificates, Series 2002-C MORTGAGE FORECLOSURE Plaintiff v. NO. 13-3769 Civil SHAWN E. RICKABAUGH Defendant(s) TO: Shawn E. Rickabaugh 889 Grahams Wood Road, Newville, PA 17241 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary El Judgment by Default ❑ Money Judgment ❑ Judgment in Replevin ❑ Judgment for Possession ❑ Judgment on Award of Arbitration ❑ Judgment on Verdict ❑ Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CONTACT: HARRY B. REESE, ESQUIRE Attorney for Plaintiff Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200, Cherry Hill, NJ 08003-3620 Phone: (856) 669-5400 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin s ' udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C 1661 Worthington Road MORTGAGE FORECLOSURE Suite 100 West Palm Beach,FL 33409 Plaintiff NO. 13-3769 Civil v. SHAWN E.RICKABAUGH 889 GRAHAMS WOOD ROADNEWVILLE, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), SHAWN E. RICKABAUGH; for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: FROM TO Unpaid Principal Balance $218,697.70 Interest Per Complaint $4,033.80 Additional Interest 05/30/2013 02/14/2014 $3,159.00 Late Charges Per Complaint $1,532.09 Additional Late Charges 05/30/2013 02/14/2014 $388.48 Escrow Per Complaint $1,065.85 Title Report $300.00 Attorney Fee $1,650.00 Property Inspection Fee $21.00 Property Valuation Fee $292.00 Prior Servicer Fees $825.00 Grand Total $231,964.92 I hereby certify that(1)the addresses of the Plaintiff and Defendant are as shown above,and(2)that notice has been given in accordance with Rule 237.1,a copy of which is attached hereto. UlltE L W 0. - ES,P.C. r HARRY E. REESE, ESQUIRE BY: 'A ID 310501 Atto e v or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY MJU#: 10040273 CASE#: 10040273-3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C Plaintiff MORTGAGE FORECLOSURE ct V. i Shawn E. Rickabaugh NO. 13-3769 Civil Defendant(s) a , - PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $231,964.92 Interest From 2/15/2014 $2,326.50 to Date of Sale 6/4/2014 Ongoing Per Diem of$12.15 to actual date of sale including if sale is held at a later date (Costs to be added) $ �g.SO_VA Gt N LAW OFFICES,P.C. BY: Atto y or Pla tiff HARRY t . REESE ES (� S UIRE PAID3105 MJU#: 10040273 CASE#: 10040273- . t � So LA- UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadings @udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C = - Plaintiff MORTGAGE FORECLOSURE V. C co Shawn E. Rickabaugh NO. 13-3769 Civil Defendant(s) G(1 ? ; CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: M Act 91 procedures have been fulfilled [1 Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDRFAN LAW 9 ICES, P.C. B _ At e for PIaintif t1ARRY t. REESE, QUIRE PA ID310 1 UDREN LAW OFFICES,P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings cbudren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C Plaintiff MORTGAGE FORECLOSURE V. Shawn E. Rickabaugh NO. 13-3769 Civil Defendant(s) AFFIDAVIT OF LAST KNOWN ADDRESS UNDER RULE 76 ; The Defendants last known address is as follows: SHAWN E.RICKABAUGH ��, co —! 889 GRAHAMS WOOD ROAD Q , NEWVILLE,PA 17241 This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. UD L OFFICES,P.C. i 7T ) Vorneyfor Plain ' f HARRY b. REESE, QUIRE PAID 310 01 UDIIEN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 leadin s udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION d" Securities Inc.,Asset-Backed Pass-Through Cumberland County y' Certificates, Series 2002-C Plaintiff MORTGAGE FORECLOSURE ►�' ' V. Co Shawn E. Rickabaugh NO. 13-3769 Civil " Defendant(s) `G AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates, Series 2002-C,Plaintiff in the above action,by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 889 Grahams Wood Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Shawn E. Rickabaugh 889 Grahams Wood Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Shawn E. Rickabaugh 889 Grahams Wood Road Newville, PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders -None 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc.,Asset- Backed Pass-Through Certificates, Series 2002-C 1661 Worthington Road Suite 100 West Palm Beach, FL 33409 Bankers First Mortgage Company,Inc 9505 Reisterstown Road, Suite 100 S Owings Mills,MD 21117 JrVortgage Holders -None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders -None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 889 Grahams Wood Road Newville, PA 17241 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: Federal Tax Lien Holders -None Condo/Homeowners Association-None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unswom falsification to authorities. DATED: UDR LAW U OF CES, P.C. BY Attorney for Plaintiff HARRY t. REESE, ESQUIRE PA ID 310501 MJU#: 10040273 CASE#: 10040273-3 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL,NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, COURT OF COMMON PLEAS as Trustee for Ameriquest Mortgage CIVIL DIVISION Securities Inc.,Asset-Backed Pass-Through Cumberland County Certificates, Series 2002-C Plaintiff MORTGAGE FORECLOSURE i ...>. V. rn Z _ SHAWN E. RICKABAUGH NO. 13-3769 Civil Defendant(s) o C:- , NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 77 ' W TO: Shawn E.Rickabaugh 889 Grahams Wood Road Newville,PA 17241 Your house (real estate) at 889 Grahams Wood Road, Newville, PA 17241 is scheduled to be sold at the Sheriffs Sale on June 4, 2014 at 10:00 A.M. at the Cumberland County Courthouse, Commissioners Hearing Room,2nd Floor, Carlisle, PA 17013, to enforce the court judgment of$231,964.92, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale,you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment,late charges,costs and reasonable attorney's fees. To find out how much you must pay,you may call:(856)669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped,your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale.This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after Schedule of Distribution is filed. - 7. You may also have other rights and defenses,or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3769 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC.,ASSET-BACKED PASS- THROUGH CERTIFICATES,SERIES 2002-C Plaintiff(s) From SHAWN E.RICKABAUGH (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 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: $231,964.92 L.L.: $.50 Interest FROM 2/15/2014 TO DATE OF SALE 6/4/2014(ONGOING PER DIEM OF$12.15 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE-$2,326.50 Atty's Comm: Due Prothy: $2.25 Atty Paid: $215.81 Other Costs: Plaintiff Paid: Date: 2/18/14 David D.JBuell,Prothonotary (,Sea])^ ,-_By: C_� dI/1 - Deputy REQUESTING PARTY: Name: HARRY B.REESE,ESQUIRE Address: UDREN LAW OFFICES,P.C. 111 WOODCREST ROAD,SUITE 200 CHERRY HILL,NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No.310501 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset -Backed Pass -Through Certificates, Series 2002-C Plaintiff v. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE -; SHAWN E. RICKABAUGH, NO. 13-3769 Civil Defendant(s) c-) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: N) 1. A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriffs Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Dated: c5 I ( il MJU#: 10040273 CASE#: 10040273-3 UD BY: Atto��R�or Plaintiff Davi. eeren, Esquire PA ID 204252 LAW OF UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 eutsc e Bank ational Trust ompany, as Trustee for Ameriquest Mortgage Securities Inc., Asset -Backed Pass -Through Certificates, Series 2002-C Plaintiff v. KIMBERLY D. RICKABAUGH; SHAWN E. RICKABAUGH; Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 13-3769 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): SHAWN E. RICKABAUGH; PROPERTY: 889 Grahams Wood Road, Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 06/04/2014 at 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property, which will be extinguished by the sale. You may wish to attend the sale to protect your interests. The Sheriff will file a Schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. MJU#: 10040273 CASE#: 10040273-3 REN Name and Address of Sender Henrietta Crommarty UDREN LAW OFFICES, P.C. 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003 Registered Insured ❑ COD ❑ Certified Return Receipt for Merchandise ❑ Int'1 Recorded Del. ❑ Express Mail Check appropriate block for Registered Mail: ❑ With Postal Insurance ❑Withoutpostal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Postmark and Date of Receipt Line Article Number Name of Addressee, Street, and Post Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If COD R.R. Fee S.D. Fee S.H. Fee Rst. Del. Fee Remarks 1 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 2 Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 3 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 4 13-3769 Tenants/Occupants 889 Grahams Wood Road Newville, PA 17241 5 Bankers First Mortgage Company, Inc 9505 Reisterstown Road, Suite 100 S Owings Mills, MD 21117 U.S. POSTAGE>> PITNEY BOWES GK. - ����AMMO, re. - 01 ZIP 08003 ', 02 1 NI oto, 414 t;rte ? c -s, r 00013 Q3 c �� I o _`�� )oo)1 %Q et� 6 06/04/2014 d' --I 411111P �O ealmos 0E09 Willi IOU 10 11 12 13 14 15 Total number of Pieces Listed by Sender 5 Total Number of Pieces Received›,Post Office Postm t r, Per (Nance of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnego iable documents under Express Mail document reconstruction insurance is $50,000 per p ece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mad, sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to third and forth class parcels. PS Form 3877, February 1994 Form Must be Completed by Typewriter, Ink or Ball Point Pen Shawn E. Rickabaugh - MJU# 10040273-3 (Cumberland County) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF9 E I. Mn'IFF ___.__ 7F CUMBERLAND COUNTY tir o1 Zatlati Deutsche Bank National Trust Company vs. Kimberly D. Rickabaugh (Deceased) (et al.) Case Number 2013-3769 SHERIFF'S RETURN OF SERVICE 03/26/2014 11:15 AM - Deputy Tim Black, being duly sworn according to law, statesservice 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 889 Grahams Wood Road, Upper Frankford - Township, Newville, PA 17241, Cumberland County. 04/10/2014 07:07 PM - Deputy Noah Cline, 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 Courtney Rickabaugh, wife, who accepted as "Adult Person in Charge" for Shawn E. Rickabaugh'at 889 Grahams Woods Road, Upper Frankford Township, Newville, PA 17241, Cumberland County. SHERIFF COST: $969.24 SO ANSWERS, April 16, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rarrr 4x Jody S Smith Chief Deputy ' Richard W Stewart Solicitor i'E ?tv`S'Y!r';Nlf°a, Deutsche Bank National Trust Company vs. Case Number Kimberly D. Rickabaugh (Deceased) (et al.) 2013-3769 SHERIFF'S RETURN OF SERVICE 03/26/2014 11:15 AM - Deputy Tim Black, 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 889 Grahams Wood Road, Upper Frankford -Township, Newville, PA 17241, Cumberland County. 04/10/2014 07:07 PM -Deputy Noah Cline, 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 Courtney Rickabaugh, wife, who accepted as"Adult Person in Charge"for Shawn E. Rickabaugh at 889 Grahams Woods Road, Upper Frankford Township, Newville, PA 17241, Cumberland County. 06/04/2014 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 Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of$1.00 to Attorney Mark Udren, on behalf of Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2002-C, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $831.47 SO ANSWERS, June 20, 2014 RONNK R ANDERSON, SHERIFF SO /-2,, /. air 3fy7 ) elc?Os:,ft inc • On February 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA, Known and numbered as 889 Grahams Wood Road, Newville, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: February 20, 2014 0 CNI Ct By: ei CO-4'kiN:-&CC1A...VD Real Estate Coordinator a• LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-3769 Civil Term Deutsche Bank National Trust Company • vs. Kimberly D. Rickabaugh (Deceased) Shawn E. Rickabaugh Atty.: Mark Udren ALL THAT CERTAIN LOT OF LAND SITUATE IN UPPER FRANK- FORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA: BEING KNOWN AS 889 Grahams Wood Road,Newville, PA 17241. PARCEL NUMBER: 43-04-0385- 030. IMPROVEMENTS: Residential Property. 96 • PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this da of May, 2014 4. ,„....__„„ „ - / Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 The Patriot-News Co. 2020 Technology Pkwy e PatriotNews 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. PUBLICATION COPY This ad ran on the date(s)shown below: 2013-3769 Clvii Term 04/13/14 Deutsche Bank National 04/20/14 Trust Company Vs � / � 04/27/14 Kimberly D.Rickabaugh /r (Deceased) Shawn E.Rickabaugh . Atty: Mirk Udren. -_ Swop to an. subscribed before me thi 0 day of May, 2014 A.D. ALL THATCERTAIN LOT OF IIP I LAND SITUATE IN UPPER , 1TOWNSHIP, . IL . ' 11►►��J CUMBERLAND COUNTY, 'oat '"ic PENNSYLVANIA: • 0 BEING KNOWN AS 889 Grahams Wood Road,Newville,PA 17241 PARCEL NUMBER:43-04-0385-030 Gr- y rTit K IMPROVEMENTS: Residential Property _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsch Bank National Trust Co as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Cert Series 2002-C is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3769, at the suit of Deutsch Bank National Trust Co as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Cert Series 2002-C against Shawn E. Rickabaugh is duly recorded as Instrument Number 201415525. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this / J day of A.D.cc/4f k74efe,,„.::e'r, ecorder of Deeds ecorder , s,Cumberland County,Carlisle,PA My Commi ion Expires the First Monday of Jan.2018