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HomeMy WebLinkAbout13-5851 Supreme Court:of. Pennsylvania Cour f Commo:n.Pleas ,� For Prothonotary Use Only: Civi Cover Sheet CUlAN;�; Cou Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: OCWEN LOAN SERVICING, Lead Defendant's Name: ERIC TROUT , LLC I I Are money damages requested? El Yes N No Dollar Amount Requested: El within arbitration limits 0 (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes 9 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan, LLP ❑ 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 FORM I �' ," O - 0 �„ f r i I30CT -9 Aft10:01 IaIPENNs YLa COUNTY APIA PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Melissa.Cantwell@phelanhallinan.com 215 -563 -7000 OCWEN LOAN SERVICING, LLC 1100 VIRGINIA DRIVE, P.O. BOX 8300 COURT OF COMMON PLEAS FORT WASHINGTON, PA 19034 CIVIL DIVISION Plaintiff V. TERM ERIC TROUT NO. SHANNON TROUT 330 FULTON SREET CUMBERLAND COUNTY ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 930273 — 1 1� 1. Plaintiff is OCWEN LOAN SERVICING, LLC 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: ERIC TROUT SHANNON TROUT 330 FULTON SREET ENOLA, PA 17025 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 03/25/2009 ERIC TROUT and SHANNON TROUT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR STONEWATER MORTGAGE CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200909500. By Assignment of Mortgage recorded 08/07/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201326244.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 930273 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 09/03/2013: Principal Balance $95,091.95 Interest $2,615.04 04/01/2013 to 09/17/2013 Late Charges $154.10 Escrow Deficit $679.95 TOTAL $98,541.04 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. File #: 930273 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $98,541.04, 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 HALLINAN, LLP By: Melissa I Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File #: 930273 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at the point formed by the intersection of the southerly line of Fulton Street and the westerly line of Grant Street; thence in a westwardly direction along the southern line of Fulton Street 46.00 feet to a point; thence in a southerly direction along a line parallel with the westerly line of Grant Street 155.00 feet, more or less, to a point on the dividing line between Lots Nos. 7 and 8, on the hereinafter mentioned Plan of Lots; thence in an easterly direction along said last mentioned line 46.00 feet, more or less, to Grant Street; thence in a northerly direction along the westerly line of Grant Street 144.65 feet to the point or place of BEGINNING. BEING portions of Lots Nos. 8,9, 10, and 11, Block'E', as shown on Plan No. 3 of Hoopy's Addition to Enola, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 97. PROPERTY ADDRESS: 330 FULTON SKEET, ENOLA, PA 17025 PARCEL #09 -14- 0834 -131. File #: 930273 VERIFICATION I, Katelyn McCauley, hereby state that I am Authorized Signer of Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is the subject of this action. Ocwen Loan Servicing, LLC, maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account, and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: CI Name: Katelyn McCauley Title: Authorized Signer Ocwen Loan Servicing, LLC (Servicing Agent for Plaintiff) C- r \.e �4'.Q3 ©213 , r IN THE COURT OF COMMON PLEAS OCWEN LOAN SERVICING, LLC OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. ERIC TROUT M co p SHANNON TROUT < , �! _4 --r Defendant(s) J Civil ter-- I 1 - 0 -tcJ NOTICE OF RESIDENTIAL MORTGAGE FORECL DIVERSION PROGRAM' c �� You have been served with a foreclosure complaint that could cause you to lose your home. _< If you own and live in the residential property which is the subject of this foreclosure action, you may be 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 of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will 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 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. If 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 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 reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: OCT 4 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT 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: Z ip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INFORMATION 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income 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 nd 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 Su ort/Alim. Spending Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): 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) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 930273 '�t�i - OTHON4 Ct I-t • PHELAN HALLINAN.LLP ` .DEC -9 A ! 25 Meredith Wooters,Esq.,Id.No.307207 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PEM$SY_VA A One Penn Center Plaza Philadelphia,PA 19103 Meredith.Wooters @phelanhallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • ERIC TROUT : No. 13-5851-CIVIL SHANNON TROUT Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By: 11./A.�_!' . ./ /. l" Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date: l a'.S I2 /nru, Svc Dept. File#930273 161"till aqq 123 SHERIFF'S OFFICE OF CUMBERLAND COUNTY i . -t Ff; . Ronny R Anderson ;;- .. 1 X41: ��Q { 10 Sheriff ' r 114,14,1 f,u Jody S Smith r' k � Chief Deputy , Richard W Stewart `.< : CUMBERLAND Ce1Ui'' -', Solicitor „yFT.s e or THE SHERIPP PENNSYLVANIA Ocwen Loan Servicing, LLC Case Number vs. 2013-5851 Eric Trout(et al.) SHERIFF'S RETURN OF SERVICE 10/11/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric Trout, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 330 Fulton Street, East Pennsboro, Enola, PA 17025. Residence is vacant. 10/11/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shannon Trout, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 330 Fulton Street, East Pennsboro, Enola, PA 17025. Residence is vacant. 11/14/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named defendant, Shannon Trout, in the following manner: On October 11, 2013 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure to the defendant's last known address of 1017 Wallace Road, Knoxville,TN 37919. The certified mail was returned by USPS marked"Return to Sender, Unclaimed, Unable to Forward. SHERIFF COST: $82.46 SO ANSWERS, December 05, 2013 RONNY R ANDERSON, SHERIFF (c)CountySWte Shyrif`,Teleosoft,!nc. • • i • . 1 X :; o t nom t C{ I ' to VI,„� � u,. c.,\ m z • r- 1, 1. i Q �� �f�+: U. 'f �i Tu p tit t ..) , � _ `A� + a 0.0m U :- Y1 1� < Ar t ©p G1 r a• O N i j .•,) r— ,P V�rn , n• 1,:r3 0--. - 4, 9---_,V00 ---;71..,"::\N . ,.. . cr. Y 111. y., ' to ' l. -- t;dv.a �� -C c'' Iii. t, vo\' t.--1 \ 7 , ,..,1 - ''', j .. A ;,, �{.: 1` 0�°` i\9,, \ O z N . t�ov y.!J Eke °.3;,t1 ..11 --” ){Ztfl' \ .2 ..O '0 N L � .d• .. ,. .. .' toy N a N . -.,. ..0.4 8 p p 3 .,3 '''..'. !tN w d -o )' 6 r'l c . ra9a N " . ©"' p ; � . E "10 `� o t a n, s� r- O 1 } .1 l 4 ^ , Prt GA �� E" c� .1.1",.:i','',. t '-N; O v O sue-d �co 01 ..`00 . r". Q o r, '?� usy , U Q N +, CC- en �i m ill A . III '//fin t� ..I \ \ +' O- O Q (6 ii,� •.- N ;?ti - tumor $ 10 o o o ('f1 - iii 1 NV ei vD �� Q . a > . O ti O 1: . r 4T- / Q c o f� : �, mr J\ •/ x N o \ „ . . 0 co , cl 5 1r W H x> � U0 � O,O U 4 U SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4t�ttp ct Ceritorr, F:1 Jody S Smith Chief Deputy 21)13 DEC 17 Ati 9: Richard W Stewart Solicitor ocf-CE TPEe.,EziFF ;LIMBERLANU PENNSYLVANIA Ocwen Loan Servicing, LLC Case Number vs. Eric Trout(et al.) 2013-5851 SHERIFF'S RETURN OF SERVICE 12/11/2013 11:17 AM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Lisa Trout, Mother, who accepted as "Adult Person in Charge"for Eric Trout at 305 W. Maple Avenue, Shiremanstown Borough, Camp Hill, PA 17011. \Q A IE DIMARTLE, D PU 12/11/2013 06:56 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage F•' eclosure by handing a true copy to a person representing themselves to be Dayne Miller, fathe who - c-pted as"Adult Person in Charge"for Shannon Trout at 101 N.Arch Street, Mechancis• ?or•ug , Mechanicsburg, PA 17055. SHC H• 'Ft DEPUTY SHERIFF COST: $72.25 SO ANSWERS, December 12, 2013 RONNY ANDERSON, SHERIFF nurfvS.t,She:^ift 7 e,^sok.Jr;:. PHELAN HALLINAN, Jonathan Lobb, Esq., Id. 1617 JFK Boulevard, Su One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FILED- t F :!CE LF THE PRO iNQNO i +,n ,' LLP 2014 JUL 25 /IN 11: 29 No.312174 CUMBERLAND COUNTY ite 1400 PENNSYLVANIA • OCWEN LOAN SERVICING, LLC vs. ERIC TROUT SHANNON TROUT Attorney for Plaintiff . CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -5851 -CIVIL 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 ERIC TROUT and SHANNON TROUT, 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 $98,541.04 TOTAL $98,541.04 I hereby certify that (1) the Defendants' last known addresses are 305 W MAPLE AVE, CAMP HILL, PA 17011-6524, 330 FULTON SREET, ENOLA, PA 17025, and 101 N ARCH ST, MECHANICSBURG, PA 17055-3312, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2�bit Jthan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: TIasli'1 PH # 930273 PROTHONOTARY �A s ‘kb.Sc* 930273 i'Jbe Wed PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215-563-7000 OCWEN LOAN SERVICING, LLC vs. ERIC TROUT SHANNON TROUT Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -5851 -CIVIL 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) 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, as amended. (b) that defendant ERIC TROUT is over 18 years of age and resides at 305 W MAPLE AVE, CAMP HILL, PA 17011-6524 and 330 FULTON SREET, ENOLA, PA 17025. (c) that defendant SHANNON TROUT is over 18 years of age and resides at 101 N ARCH ST, MECHANICSBURG, PA 17055-3312 and 330 FULTON SREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ph • : n Hallinan, LLP J• athan Lobb, Esq., Id. No.3121.74 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 930273 ' Department of Defense Manpower Data Center Status Report Pursuant to Sery cemennbers Civil Relief Act Last Name: TROUT First Name: ERIC Middle Name: Active Duty Status As Of: Jul -24-2014 Results as of : Jul -24-2014 12:09:26 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ No NA r. This response reflects the Individuals' activb 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 I Status Service Component NA - ., NA - - - - ' No T 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 v 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. r�. 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 Status Report Pursuant to Servicemembars Civil Relief Act. Last Name: TROUT First Name: SHANNON Middle Name: Active Duty Status As Of: Jul -24-2014 Results as of : Jul -24-2014 12:09:35 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA f,' , _. -"" - - No �.. NA This response reflects the Individuals active duty status based on the Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA N. NA - r ; _-No:' (,s' NA This response reflects where the individualleft active duty status within 367 days`preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cat Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA N. NA - r ; _-No:' (,s' NA This response reflects whether the individual orhis/her unit has received earty notKcation 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 OCWEN LOAN SERVICING, LLC Plaintiff v. ERIC TROUT SHANNON TROUT Defendant(s) TO: ERIC TROUT 305 W MAPLE AVE CAMP HILL, PA 17011-6524 DATE OF NOTICE: 7 3//( COURT OF COMMON PLEATS CIVIL. DIVISION NO. 1.3 -5851 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY ANI) 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 930273 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE yARLISL s, PA 17013 7 249-3166 1\ is hac l.ingerdl5:scn, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC Plaintiff v. ERIC TROUT SHANNON TROUT Defendant(s) TO: ERIC TROUT 330 FULTON SREET ENOLA, PA 17025 DATE OF NOTICE: 77.13/111 COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5851 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT 'I'O COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 LNFORMATION 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 Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 930273 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 i s X49-3166 Mac to " "itigeidi sen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC Plaintiff V. ERIC TROUT SHANNON TROUT Defendant(s) Ta SHANNON TROUT 101 N ARCH ST MECHANICSBURG, PA 170,5:5-:3312 DATE OF NOTICE: �2 COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -5851 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU LN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 930273 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBER`T`Y AVENUE CARLT. , PA 17013 249-3166 a chael`Pingercl sae,n; Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 OCWEN LOAN SERVICING, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. ERIC TROUT SHANNON TROUT TO: SHANNON TROUT 330 FUI.,TON SRF,ET EN.OLA, PA 170 DATE OF NOTICE:. NO. 13 -5851 -CIVIL Defendant(s) CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DA 1'E 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 Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 930273 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERT AVENUE CARL! EPA 17013 7) 249-3166 Michaelssen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised OCWEN LOAN SERVICING, LLC vs. ERIC TROUT SHANNON TROUT : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -5851 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 1 IcSilZk. B y: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 930273 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 OCWEN Loan Servicing, LLC Plaintiff V. Eric Trout Shannon Trout Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/28/2014 to Date of Sale • ($16.20 per diem) TOTAL Note: Please attach description of property. PH # 930273 cia CL vvA dF'S S I 1/ It. 7C " He, CI • t9A PC/ a COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5851 -CIVIL : CUMBERLAND COUNTY $98,541.04 $2,089.80 $100,630.84 P an a linan, LLP Jonathan Lobb, Esq., Id. No.312174 cz ' --1 Attorney for Planitiff rrf CZ (...... :z ...... . _ ..71.71.11 N.1r--- r;c: cr)r— • C) -1-.• ::'":3' _z 1 •• --..-1,71 --I CO ...r> -<—I 2. 4,D . as-bve s o aILP IL/L/I° 6 727!/ 3060t) (jUff/ erfg PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 OCWEN Loan Servicing, LLC Plaintiff v. Eric Trout Shannon Trout Defendant(s) FILED -OFFICE OF THE PROTHONOTARY 2O JUL. 25 AM i f : 37 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -5851 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Plan Hallinan, LLP onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff FILED -OFFICE THE PRo THaN©T , OCWEN Loan Servicing, LLC TAR Plaintiff 2(116 JUL 25 RN 11::7. V. Eric Trout Shannon Trout Defendant(s) CUMBERLAND COUNTY PEN,SYLVAtNIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -5851 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 OCWEN Loan Servicing, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 330 Fulton Sreet, Enola, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC TROUT SHANNON TROUT 305 W MAPLE AVE CAMP HILL, PA 17011-6524 101 N ARCH ST MECHANICSBURG, PA 17055-3312 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC TROUT 305 W MAPLE AVE CAMP HILL, PA 17011-6524 SHANNON TROUT 101 N ARCH ST MECHANICSBURG, PA 17055-3312 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 930273 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM ERIC TROUT C/O MARYLOU MATAS, ESQUIRE SHANNON TROUT C/O JULIE WENHERT, ESQUIRE DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 330 FULTON SREET ENOLA, PA 17025 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 26 WEST HIGH STREET CARLISLE, PA 17013 3329 MARKET STREET CAMP HILL, PA 17011 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 171.05 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: % /2 y J l `1 PH # 930273 elan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 FIL OF rH -PROTHONOTARY' OCWEN Loan Servicing, LLCZOIit JUL 25 QHH j1: 37 CUMBERLAND COUNTY PENNSYLVANIA • vs. : NO.: 13 -5851 -CIVIL Eric Trout , Shannon Trout : Cumberland County Defendant(s) : : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Eric Trout 305 W Maple Ave Camp Hill, PA 17011-6524 Shannon Trout 101 N Arch St Mechanicsburg, PA 17055-3312 **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 330 Fulton Sreet, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $98,541.04 obtained by OCWEN Loan Servicing, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 4 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -5851 -CIVIL OCWEN Loan Servicing, LLC V. Eric Trout Shannon Trout owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 330 Fulton Sreet, Enola, PA 17025 Parcel No. 09-14-0834-131 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $98,541.04 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at the point formed by the intersection of the southerly line of Fulton Street and the westerly line of Grant Street; thence in a westwardly direction along the southern line of Fulton Street 46.00 feet to a point; thence in a southerly direction along a line parallel with the westerly line of Grant Street 155.00 feet, more or less, to a point on the dividing line between Lots Nos. 7 and 8, on the hereinafter mentioned Plan of Lots; thence in an easterly direction along said last mentioned line 46.00 feet, more or less, to Grant Street; thence in a northerly direction along the westerly line of Grant Street 144.65 feet to the point or place of BEGINNING. BEING portions of Lots Nos. 8,9,10, and 11, Block 'E', as shown on Plan No. 3 of Hoopy's Addition to Enola, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 97. Under and Subject, nevertheless, to easement, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Eric Trout and Shannon Trout, h/w, as tenants by the entireties, by Deed from Jelinda R. Bender and Jeneen K. Miller, the executrices under the Last Will and Testament of Richard R. Knisley, dated 03/22/2009, recorded 03/30/2009 in Instrument Number 200909499. PREMISES BEING: 330 Fulton Sreet, Enola, PA 17025 PARCEL NO. 09-14-0834-131 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net OCWEN LOAN SERVICING, LLC Vs. ERIC TROUT, SHANNON TROUT WRIT OF EXECUTION NO 13-5851 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY:. To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (I) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $98,541.04 L.L.: $.50 Interest FROM 7/28/2014 TO DATE OF SALE ($16.20 PER DIEM) - $2,089.80 Atty's Comm: Due Prothy: $2.25 Atty Paid: $3.15.21 Other Costs. Plaintiff Paid: Date: 7/25/14 David D. Buell, Prothonota (Seal) By: REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Deputy PLAINTIFF OCWEN LOAN SERVICING, LLC DEFENDANT ERIC TROUT SHANNON TROUT AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 930273 SERVICE TEAM/ lxh COURT NO.: 13 -5851 -CIVIL SERVE SHANNON TROUT AT: TYPE OF ACTION 101 N ARCH ST XX Notice of Sheriff's Sale MECHANICSBURG, PA 17055-3312 SALE DATE: December 3, 2014 **DIVORCED- One cannot accept service for the other** SERVED Served and made known to SHANNON TROUT, Defendant on the (z day of SEigT_MBi1j 20 14, a 7c5-0 , o'clock f. M., at le I N. Agit St, Mf:mmoicuto , '4 , in the manner described below: Defendant personally served. tr/Adult family memberlwithwh m Defendant(s) reside(s). Relationship is MMOO . 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: -. v —( Description: Age 5(.) Height S 3 Weight 145 Race W Sex F Other I, Ronald Moll , 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 falsificationfato authorities. al DATE: / (1 )1 ( 4 NAME: On the dayof 20 state that e endant NOT FOUND because: _ Vacant _ Does Not Exist No Answer on 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. PRINTED NAME: ROtlaid Moll TITLE: Process Server NOT SERVED _ o'clock . M., I, , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) at at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PLAINTIFF OCWEN LOAN SERVICING, LLC AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 930273 DEFENDANT SERVICE TEAM/ Ixh ERIC TROUT COURT NO.: 13 -5851 -CIVIL SHANNON TROUT SERVE ERIC TROUT AT: 305 W MAPLE AVE CAMP HILL, PA 17011-6524 **DIVORCED- One cannot accept service for the other** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to ERIC TROUT, Defendant on the Mbsday of /4-46-tt ST, 20 /if, at 3=4° , o'clock t. M., at 3o5 1N. %v-$ 4,1-t/ E, 04619 lh - Min the manner described below: Defendant personally served. V Adult family member with whom Defendant(s) reside(s). Relationship is /l/r OTOrA, _ 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: CD c`) —t co -'r,- � Description: Age 57) S Height 5 r. Weight l err Race W Sex Other I, Ronald Moll , 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: On the dayof 20_, at state that Defendant NOT FOUND because: Vacant Does Not Exist NAME: PRINTED NAME: Ronald Moll TITLE: Process Suva NOT SERVED o'clock _. M., I, , a competent adult hereby 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