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HomeMy WebLinkAbout14-1628 ' Supreme Co nnsylvania Cou f CAm' m ; leas For Prothonotary Use Only: C '1 per Sbh _ 't Docket No: j Cu errand ,'' � ti /� County L_ I q_ / i I 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. Commencement of Action: S xi Complaint 13 Writ of Summons � Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T NYMT Loan Trust 2013 -RP1 Carrie E. Raudabaugh and Danny L. Raudabaugh Dollar Amount Requested: ®within arbitration limits I Are money damages requested? Yes X No O xi (check one) outside arbitration limits N Is this a Class Action Suit? 0 Yes J No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff /Appellant's Attorney: Kevin P. Diskin, Esquire ® Check here if you have no attorney (are a Self- Represented [Pro Sel 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 3 Buyer Plaintiff Administrative Agencies © Malicious Prosecution ® Debt Collection: Credit Card El Board of Assessment Motor Vehicle 13 Debt Collection: Other ® Board of Elections ® Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other S IM Product Liability (does not include mass tort) Employment Dispute: E ® Slander/Libel/ Defamation Discrimination C 0 Other: ® Employment Dispute: Other ® Zoning Board T Other: I Other: O MASS TORT ril Asbestos N ® Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste ® Ejectment Q Common Law /Statutory Arbitration B 0 Other: r-11 Eminent Domain /Condemnation [] Declaratory Judgment © Ground Rent El Mandamus ® Landlord/Tenant Dispute n Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial 13 Quo Warranto 0 Dental 13 Partition © Replevin M Legal ® Quiet Title M Other: Medical ® Other: Other Professional: Updated 111/2011 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire ' {'� /y "A y , z: Craig Oppenheimer, Esquire 4Q���� D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 6ii< 115 West Avenue �$YL ��{��T y Jenkintown, PA 19046 Telephone: 215- 886 -8790 Fax: 215- 886 -8791 NYMT Loan Trust 2013 -RP1, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, � ✓'�� � � ` , V. DOCKET NO: Carrie E Raudabaugh Danny L Raudabaugh CIVIL ACTION 1149 Easy Rd Carlisle, PA 17013 MORTGAGE FORECLOSURE United States of America C/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 1 cFieldl » /<< Field 94» n � �� r ,mad Q� OD Saco 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 of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TOY OUR 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 717 - 249 -3166 and 800 - 990 -9108 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguiertes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. 2 ((Fieldl ))/cField94u Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 - 249 -3166 and 800 - 990 -9108 3 ((Fieldl))/«Field94» Richard M. Squire & Associates, LLC At for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215- 886 -8790 Fax: 215- 886 -8791 NYMT Loan Trust 2013 -RP1, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, DOCKET NO: V. CIVIL ACTION Carrie E Raudabaugh Danny L Raudabaugh MORTGAGE FORECLOSURE 1149 Easy Rd Carlisle, PA 17013 United States of America C/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, NYMT Loan Trust 2013 -RP1, by and through its undersigned attorney brings this action in mortgage foreclosure. upon the following cause of action: 4 ((Fieldl))/«Field94» 1. Plaintiff, NYMT Loan Trust 2013 -RP1, is a corporation, limited partnership, limited liability company, trust, federal savings bank, federal credit union, or national banking association under and pursuant to the National Banking Act (13 Stat. 99, 12 U.S.C. 1 et seq.) with its principal place of business at 1401 Los Gamos, San Rafae, CA 94903. 2. Defendants, Danny L Raudabaugh and Carrie E Raudabaugh, are the real owners, mortgagors, and grantees in the last Deed of record to the real property located at 1149 Easy Rd Carlisle, PA 17013 including any /all improvements and detached structures thereon as well as any /all riparian /water rights appertaining thereto (hereinafter collectively referred to as "Premises ") . 3. On September 14, 2000, Defendants, Danny L Raudabaugh and Carrie E Raudabaugh, made, executed, and delivered a Mortgage to Alta Financial Mortgage (hereinafter referred to as "Originating Lender ") as security for Defendants' payment and other obligations in consideration of a mortgage loan made to Defendants by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, and was recorded on October 4, 2000 in Cumberland County in Mortgage Book 1643, Page 341, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. By Assignment of Mortgage dated May 13, 2013, the Mortgage was assigned to Plaintiff, which Assignment is recorded as Assignment of Mortgage Instrument No. 201335739. Plaintiff is the holder of the mortgage. 5. A true and correct copy of the Legal Description is attached hereto, made part hereof, and marked as Exhibit A. 6. The address of the Premises is 1149 Easy Rd, Carlisle, PA 17013. 7. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid Mortgage have not been made from September 19, 2013 through the 5 ((Fieldl ))/ «Field94» present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 8. The terms of the aforesaid Mortgage further provide that, in the event of default, Defendants shall be liable for, inter alia, Plaintiff's costs, corporate advances, escrow advances, and attorneys' fees. 9. The following amounts are due as of February 23, 2014: Principal $ 78,035.53 Accrued Interest through February 23, 2014 $ 4,780.80 Late Fees $ 309.33 Attorneys' Fees to date $ 3,901.78 Total $ 87,027.44 plus additional pre - judgment and post - judgment interest at the per diem rate of $25.63 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, and any /all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 10. if the Mortgage is reinstated prior to a sheriff's sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys' fees requested in the preceding paragraph are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect attorneys' fees of up to five percent (5%) of the remaining principal balance in the event the Premises is sold to a third party purchaser at sheriff's sale; or, if the complexity of the action requires additional fees, such fees may exceed the amount demanded in the preceding paragraph. 6 ((Fieldl ))/cField94» 11. Notice of Intention to Foreclose pursuant to Act 6 and /or Act 91 was sent in accordance with Pennsylvania law more than 34 days ago. 12. United States of America is named a defendant herein pursuant to 28 U.S.C. §2410(b) by virtue of one (1) of more federal tax liens filed against Defendants with this Court on or about July 26, 2006, September 13, 2013 and January 2, 2014 at docket numbers 2006- 04259, 2013- 05406, 2014 -00023 in the amounts of'$8,869.98, $9,320.26 and $2,955.21 WHEREFORE, Plaintiff respectfully requests that judgment in rent be entered in its favor and against Defendants, Danny L Raudabaugh and Carrie E Raudabaugh, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9., namely $87,027.44, plus additional pre judgment and post judgment interest at the per diem rate of $25.63 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, additional attorneys' fees and court costs, any /all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage, and such other relief as this Court deems just and proper. 7 ((Fieldl))/«Field94» RICHARD M. SQUIRE & ASSOCIATES, LLC By: chard M. Squire, Esq. (PA I.D.# 04267) f Kevin P. Diskin, Esq. (PA I.D. # 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215- 886 -8790 215 - 886 -8791 (fax) rsquireCcDsquirelaw.com kdiskinPsguirelaw com coppenheimer ZDsquirelaw.com Attorneys for Plaintiff Date: UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER /NOTICE /PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8 ((Fieldl ))/«Field94» Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215 - 886 -8790 Fax: 215 - 886 -8791 NYMT Loan Trust 2013 -RP1, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO: Carrie E Raudabaugh CIVIL ACTION Danny L Raudabaugh 1149 Easy Rd MORTGAGE FORECLOSURE Carlisle, PA 17013 United States of America C/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS VERIFICATION Manuel Villegas hereby states that he /she is employed as a Vice President of BSI Financial Services, Inc., authorized agent for NYMT Loan Trust 2013 -111 Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Complaint 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. Sec. 4904 relating to unsworn falsification to authorities. 9 ((Fieldl)>/«Field94» Name: Manuel Villegas DATE: Title: Vice President BSI Financial Services, Inc. authorized agent for NYMT Loan Trust 2013 -RP1 File #: BSI -269F Name: Danny L Raudabaugh and Carrie E Raudabaugh 10 ((Fieldl ))/«Field94» Exhibit "A" �.b ALL T HA T and bel lot, h ena or' roel Of land wlih thsbylldings and lm rowhknta tharsKtn crested, mmo we�l not p��NsY�1.VANfA, Ns jp N CUMBERLAND KFOAD ToWMI.ilp, OAUMy OF CFi1.Af+] and rso rd*4 In thi of ci the Awab of paad� fdr Oumdea?an� Gou ty to P,in B Ak t" MoKaaHan, as follawsr $a, Pape at, as BEG I N NIN G at i Point line the oentar Ilns of in a bstwa i'ownahfp Road T407, 4118* known ae Ea Road, Bald port' being on the dlvld3nQ lntrq liars Nos. 'raid dividing Ifna lane' now ar formerly of din tciah�Na id EulMivjilan hl 300 fast W s pointMsnaa IVY land now 4f formorty�of Paul L, MaK*Oan m p e Me an ' t ", bi wj North 4 degree'' a1 minutas. Wrova 10 MI 14 seoortda Weet 1Y arrd 18 an the sfDresald BabdW lon Ujan�oe ahi dj�f li 8 h erlin e betw a Lots as 14 s+►oands F.srt90q test to a pa(ntln the center licit~ a Tawnshlp Flood Ud T�4B7 8 ti'DI �1 of thence e ns/ the center llns orsald Ro South 4 depress 41 minubs 60 tmo4ndr West 180.07 feet to a polnt, the Prro« of BE $UBJEOT, howoVO4 to tha following building and are restrictions 4nd conditions with whloh the IQ comply by the aooeptanoe of (IM"Wes, for themselvv4, their heirs and assigns, this dead: it $aid tl'sot shall be used for rasidentlel parpaeee only, Z. Na or w il hi ar portlaris thenoof shall be ereota4 within 86 toot front the 01MV Of Townahlp Road N T-4$7; or within 10 feel'MM any of the remaining lot Ilne c S. Trailers and moblfa homes shall by nelthor Permitted nor montalned on add tot, 4. Arty d *n 11 M hausrrarsotrd on sold lot shell have tr minlmuM vslae of$20A 0,", excluding (and coste, bas+d uppn ta71 Values, , $. No animgla or (owl "hall he kept ar mslntslned on sa ld lot, exoepthouaohofd pets, PARCEL ins I"S-0423_ g 11 ((Fieldl ))/c Fie ld94» FORM 1 NYMT Moan Trust 2013 -RP1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, I'ENNS'YLVAIA Plaintiff(s) .- �- Carrie E. Raudabaugh and Danny L. Raudaba�gh Ln Defend ant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU�` °R � DIVERSION PROGRAM You have been served with a foreclosure complaint.that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be 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 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 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 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 WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfull sub mitted: Date [Signature unselyf rc Plaintiff] ......,.` FORM Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet 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 detennine possible options while working with your Please provide the following information to the best of your knowledge; Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes " No [A Listing date: - Price: $ Realtor Name: -----------.Realtor Phone: Borrower Occupied? Yes El No El Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: Cell: - Other: # of people in household: How long? 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 El NO E] If yes, provide names, location of court, case number & attorney: Assets Am Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: Investments: Checking: $ $ Savings: $ $ Other: $ $ Automobile #I: Model: Amount owed: . Value: Year: Automobile #2: Model: Year: Amount owed, Value: Other transportation (aignmobiles, boats. motorcycles . Model: Year: Amount owed: Value Monthly lncome Name of Employers: 1. 2. 3. Additional Income Description (not wages): I. monthly amount: 2• monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: lease only include expenses you are currently paying) EXPENSE JAMOUNT EXPENSE AMOUNT M ort a e. Food 2" Mortgage Utilities Car Payment(s) CondoNeigh. — Fees Auto Insurance Med. ,.(not covered) Auto fuel/repairs Other pm p. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care/Tuit. 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:— 2 Email: Have You made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F1 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 n No E] If yes, please indicate the status of those negotiatio 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: 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 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 Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 FORM 3 F NYMT Loan Trust 2013 -RP1 : IN THE COURT OF COMMON PLEAS OF Plaintiffs} , : CUMBERLAND COUNTY, PENNSYLVANIA VS. Carrie E. Raudabaugh and Danny L. Raudabaugh Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February ? 8 1012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 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; 3. 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 18 Pa. C.S. §4904 relating.to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed. Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 NYMT Loan Trust 2013 -RP1 IN THE COURT OF COMMON PLEAS OF Plaintiff(s) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION VS. Carrie E. Raudabaugh and Danny L. NO Raudabaugh Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation. Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised. conciliation Conference on at .M. in at the Cumberland. County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon f agreement of the parties in writing or at the discretion of the Court, the Conciliation i Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within, the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference, 'The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter, offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage, paying the mortgage default over sixty months, and the institution of bankruptcy proceedings. 5. All proceedings in this matterare stayed pending the completion of the scheduled conciliation conference. BY THE COURT; J. Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND AND COU UNTY F\[ � ' THrp�~\ O> ' .. � -2 �M Lx &�A \4 �"^ ��R��GWTY C��� COUNTY ~�-/pJ��\� �����.�,,.. NYMT Loan Trus 2013-Rp1 vs. Carrie E Raudabaugh (et al.) Case Number 2014-1628 SHERIFF'S RETURN OF SERVICE 08/26/2014 11:55 AM of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit Carrie E Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013. TIM BLACK, DEPUTY 03/26/2014 11:55 AM - Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diver ion Program and Complaint in Mortgage Foreclosure by handing a true co to a person representing themuo|veobabeConieRaudabough.wihnofdehandant.vvho accepted as "Adult Person in Charge" for Danny L Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013. T|K8BLACK, DEPUTY VV SHERIFF COST: $50.78 SO ANSWERS, March 28, 2014 RON R ANDERSON, SHERIFF (c,) Cc:unlySuile. Sheriff, Te leosoft, Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer Esquire 1 ID. Nos. 04267 / 86727 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI IN THE COURT OF COMMON PLEAS OF 314 S. Franklin Street CUMBERLAND COUNTY, Titusville, PA 16354, PENNSYLVANIA PLAINTIFF, V. Carrie E Raudabaugh DOCKET NO: 14-1628-Civil Danny L Raudabaugh 1149 Easy Rd CIVIL ACTION Carlisle, PA 17013 United States of America c/o U.S. Attorney, l l l 1 Constitution Way,NW Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of Plaintiff and against Danny L Raudabaugh and Carrie E Raudabaugh, Defendants, for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises as described in Plaintiffs Complaint, and assess Plaintiff's damages as follows: As set forth in the Complaint $ 87,027.44 Interest from 2/24/2014 to 4/28/2014 $ 1,640.32 S of Total $ 88,667.76 �vai co I hereby certify that(1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 06 �AAJPJ RICHARD M. SQUIRE & ASSOCIATES, LLC By: ichard M. Squire, Esq. (PA I.D.# 04267) Kevin Diskin, Esq. (PA LD. # 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquiregsquirelaw.com kdiskingsquirelaw.com coppenheimerg squirelaw.com Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ' �► PROTH NOTARY Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI IN THE COURT OF COMMON PLEAS OF PLAINTIFF, CUMBERLAND COUNTY, V. PENNSYLVANIA Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd DOCKET NO: 14-1628-Civil Carlisle, PA 17013 United States of America CIVIL ACTION c/o U.S. Attorney, 11 1 1 Constitution Way,NW Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemember's Civil Relief Act of 2003, as amended. (b) that Defendants are over 18 years of age and reside or maintain an address at 1149 Easy Rd, Carlisle, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richard M. Squire, Esq. (PA I.D.# 04267) Kevin Diskin, Esq. (PA I.D. # 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire a,squirelaw.com kdiskin(j�squirelaw.com coppenheimergsquirelaw.com Attorneys for Plaintiff 4 JA Single Record Request rigs Nags • Without a Social Security,. Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date. Number.DMDC cannot authoritatively assert that this is the same individual that your query refers to.Name and date of i birth alone do not uniquely identify SSN tee966647 SSN an individual. Repeat SSN 1sejli6647 Birth Date • Check your data entry before Required submitting it. Birth Date • Response may take up to 15 MMlDDIYYYY(e.g.,09/16/2012) ' r,.;2 seconds after clicking"Submit Last Name RefiVabaugh - Resources First Name Came I Middle Name Active Duty «z; „I Status Date MM/DD/YYYY(Detault will be today's date e.g.,0412512014) Clear Submit- Privacy Notice 3.0 Department of Defense Manpower Data Center Results as of:Apr-25-207404:01:49 AM SCRA 3.0 Pursuant to Servicemenibers Civil l Relief Net Last Name: RAUDABAUGH First Name: CARRIE Middle Name: Active Duty Status As Of: Apr-25-2014 On Active Duty On Active Duty Status Date Active Duty Start Dale 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 I 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. iA Aw� F .. ` 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 maybe 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(NOAA 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: 791BO132VO675AO Id i IN, � yr 1111 Ell 1wj $ 4 ii Single Record Request Tips & Notes • Without a Social Security Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date. Number.DMDC cannot authoritatively assert that this is the same individual that your r.% query refers to.Name and date of birth alone do not uniquely identify SSN IICMW73 SSN an individual. Repeat SSN 49IlYE9373 Birth Date • Check your data entry before Birth Date Required submitting it. • Response may take up to 15 --'- MMlDD/YYYY(e.g.,0 911 6/2 0 1 2) seconds after clicking"Submit. Last Name Raudabaugh Resources First Name Danny Middle Name Active Duty Status Date MMlDD/YYYY(Default will be today's date e.g.,0412512014) s. Clear Submit Privacy Notice SCRA 3.0 Department of Defense Manpower Data Center Results as of:Apr-25-2014 04:01:27 AM SCRA 3.0 - Status Report , . kur uant to Servicc meiiibers Civil Relief ka Last Name: RAUDABAUGH First Name: DANNY Middle Name: Active Duty Status As Of: Apr-25-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale 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 Da s 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 Dale Status Service Component NA NA No I 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,NOAH,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. Aaj A 4&a7+-�4��_ 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.htmJ. 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(NOAA 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: 29QB11528067070 Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date NYMT Loan Trust 2013 RPI PLAINTIFF, V. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way,NW Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. NOTICE TO: Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 Pursuant to requireme is of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on s , a judgment(decr )(order was entered against in this office in the proceeding as ind ated a ve. j Prothonotary Deputy Prothonotary Date Mailed: 5 Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date NYMT Loan Trust 2013 RPI PLAINTIFF, V. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way,NW Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. NOTICE TO: Danny L Raudabaugh P.O. BOX 1275 Carlisle, PA 17013-6275 Pursuant to requiremeiits 9f Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , a judgment(decree)(o er) was entered against you in is office in the proceeding as indicate bove ' Prothonotary Deputy Prothonotary Date Mailed: 6 Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date NYMT Loan Trust 2013 RPI PLAINTIFF, V. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 11 1 1 Constitution Way,NW Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108, DEFENDANTS. NOTICE TO: Carrie E Raudabaugh 1149 Easy Rd Carlisle, PA 17013 Pursuant to requiremen s f Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on / , a judgment(decree)(order as entered a i st you in this office in the proceeding in is d ab Prothonotary Deputy Prothonotary Date Mailed: 7 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D.Nos. 04267/ 86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, V. PENNSYLVANIA Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd NO: 14-1628-Civil Carlisle,PA 17013 CIVIL ACTION United States of America c/o U.S. Attorney, III 1 Constitution Way,NW Washington,DC 20224 United States of America Federal Building,228 Walnut Street Harrisburg,PA 17108, DEFENDANTS. TO: Danny L Raudabaugh 1149 Easy Rd Carlisle PA 17013 DATE OF NOTICE: April 16,2014 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 717-249-3166 and 800-990-9108 Richard M. Squire& Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D.Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, V. PENNSYLVANIA Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd NO: 14-1628-Civil Carlisle,PA 17013 CIVIL ACTION United States of America c/o U.S.Attorney, 1111 Constitution Way,N.W. Washington,DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg,PA 17108, DEFENDANTS. TO Danny L Raudabaugh P.O. Box 1275 Carlisle,PA 17013-6275 DATE OF NOTICE: April 16,2014 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 717-249-3166 and 800-990-9108 Richard M. Squire& Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D.Nos. 04267/ 86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI, IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, V. PENNSYLVANIA Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd NO: 14-1628-Civil Carlisle,PA 17013 CIVIL ACTION United States of America c/o U.S.Attorney,1111 Constitution Way,N.W. Washington,DC 20224 United States of America Federal Building,228 Walnut Street Harrisburg,PA 17108, DEFENDANTS. TO: Carrie E Raudabaugh 1149 Easy Rd Carlisle PA 17013 DATE OF NOTICE: April 16.2014 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND r OUT WHERE YOU CAN GET LEGAL HELP. 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 717-249-3166 and 800-990-9108 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 • DEFENDANTS. To the Prothonotary: Attorneys for Plaintiff 2014 jit1:? 18 / ; 10: PENNS YL VA COUNTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Kindly issue a Writ of Execution in the above matter. Amount Due $ 88,667.76 Interest From 4/29/2014 to 12/3/2014 @ $25.63 per diem L 5,612.97 Total: $ 94,280.73 * plus fees and costs Date: June 12, 2014 \`P. Stlt It «RTs75 BSI -269 By: ✓7 Richar quire, Esq. (PA I.D.# 04267) Kevin Diskin, Esq. (PA I.D.# 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire n,squirelaw.com 4kdiskin@squirelaw.com coppenheimer@squirelaw.com 4. 4574lam( Attorneys for Plaintiff �v��3r�7s (P 753 -ted f BSI -269 Docket N0.14 -1628 -Civil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NYMT Loan Trust 2013 RPI, Plaintiff, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 Defendants. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Ric i - . Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at an existing iron pin at a common corner to lands now or formerly of Glenn L. Gribble and existing lands of the Grantee; thence along line of Lot 1-B on the hereinafter referenced Plan, North 71 degrees 19 minutes 41 seconds West 161.76 feet to an iron pin set; thence along line of lands of the Grantor the following courses and distances: 1) North 04 degrees 41 minutes 50 seconds East 111.00 feet to an iron pin set; 2) South 85 degrees 18 minutes 14 seconds East 156.97 feet to an existing iron pin; thence along line of lands of the Grantees, South 04 degrees 41 minutes 50 seconds West 150.07 feet to an existing iron pin, the place of Beginning. CONTAINING a total lot area of 0.4704 acres and being Lot 1-A on a Final Subdivision Plan for Paul L. McKeehan, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 83, Page 109. SAID LOT IS BEING CONVEYED as a Lot Addition to the existing residential lot of the Grantees and hereafter becomes an Integral part of the residential lot and may not be retained as a separate tract or used for sewage disposal. Known as 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 Parcel No.14-05-0423-059 Being the same premises which Danny L. Raudabaugh granted and conveyed unto Danny L. Raudabaugh and Carrie Raudabaugh by Deed dated September 14, 2005 and recorded September 16, 2005 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 270, Page 4944. F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff + 1; r^. ;fIf, r,r1': RL AND COUNT'," PENNSYLVANIA NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA DOCKET NO: 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 NYMT Loan Trust 2013 RPI, Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 Parcel No.14-05-0423-059: 1. Name and last known address of Owner(s) or Reputed Owner(s): Carrie E Raudabaugh 1149 Easy Road Carlisle, PA 17013 Danny L Raudabaugh 1149 Easy Road Carlisle, PA 17013 2. Name and last known address of Defendant(s) in the judgment: Carrie E Raudabaugh 1149 Easy Road Carlisle, PA 17013 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Danny L Raudabaugh 1149 Easy Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NYMT Loan Trust 2013-RP1 1401 Los Gamos San Rafae, CA 94903 Bureau of Compliance Department 280946 Harrisburg, PA 17128 Unemployment Compensation Fund 16Floor L&IBldg Harrisburg, PA 17121 U S Treasury Dept. Pittsburgh Office Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 4. Name and address of last recorded holder of every mortgage of record: NYMT Loan Trust 2013 RPI 1401 Los Gamos San Rafae, CA 94903 NYMT Loan Trust 2013 RPI 275 Madison Avenue, 32nd Floor NY, NY 10016 Wells Fargo Bank, NA as Certificate Trustee (not its Individual Capacity but solely as Certificate Trustee), in Trust for the Registered Holders of VNT Trust Series 2010-2 9062 Old Annapolis Road Columbus, MD 21045 The Huntington National Bank, as Certificate Trustee of Franklin Mortgage Asset Trust 2009-A 7 Easton Oval EAE 63 Columbus, OH 43219 Bank One, NA 10300 Kincaid Drive Fishers, IN 46038 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Franklin Credit Management Corp 6 Harrison Street NY NY 10013 Homestead Funding Corporation 8 Airline Drive Albany, NY 12205 Alta Financial Mortgage 1101 Laurel Oak Road - Ste 115 Voorhees, NJ 08043 Northwest Consumer Discount Co. 223 Penrose Place Carlisle, PA 17013 Twist Investments, LLC PO Box 645 Horsham, PA 19044 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013-3014 Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013-3339 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 Harrisburg, PA 17105-2675 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd 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: Tenant/Occupant 1149 Easy Road Carlisle, PA 17013 United States of America c/o U.S. Attorney 1111 Constitution Way, NW Washington, DC 20224 United States of America Federal Building 228 Walnut Street Harrisburg, PA 17108 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: Date: June 12, 2014 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd M. Squire, Esquire Kevin P. Diskin, Esquire 4.7 Craig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff x. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff r. trfI: PENNSYLVANIA .. r'r'NSYLViestill`{ NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America do U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Danny L Raudabaugh 1149 Easy Road Carlisle, PA 17013 Your house (real estate) at 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 is scheduled to be sold at Cumberland County Sheriff Sale, on Wednesday, December 3, 2014 at 10:00 A.M., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $88,667.76 plus interest to the sale date obtained by NYMT Loan Trust 2013 RPI against you. 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 canceled if you pay back to NYMT Loan Trust 2013 RPI, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd r. how much you must pay, you may call: Richard M. Squire, Esquire, Kevin P. Diskin, or Craig Oppenheimer, Esquire at (215) 886-8790. 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 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 below 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. 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 the Cumberland Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\BS1 Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff ter, CG' i<(Il`' t'Ea,:asY�° C°�� NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Carrie E Raudabaugh 1149 Easy Road Carlisle, PA 17013 Your house (real estate) at 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 is scheduled to be sold at Cumberland County Sheriff Sale, on Wednesday, December 3, 2014 at 10:00 A.M., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $88,667.76 plus interest to the sale date obtained by NYMT Loan Trust 2013 RPI against you. 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 canceled if you pay back to NYMT Loan Trust 2013 RPI, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd how much you must pay, you may call: Richard M. Squire, Esquire, Kevin P. Diskin, or Craig Oppenheimer, Esquire at (215) 886-8790. 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 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 below 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 the Cumberland Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CLINBERI PENNS •rLV NIA ,1.. NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd • Carlisle, PA 17013 United States of America do U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 DEFENDAV S. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF S.';ERIFF'S SALE OF REAL PROPERTY TO: United States of America c/o U.S. Attorney 1111 Constitution Way, N.W. Washington, DC 20224 The house (real estate) at 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 is scheduled to be sold at Cumberland County Sheriff Sale, on Wednesday, December 3, 2014 at 10:00 A.M., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $88,667.76 plus interest to the sale date obtained by NYMT Loan Trust 2013 RPI against you. 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 canceled if you pay back to NYMT Loan Trust 2013 RPI, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6- I 2-2014.wpd how much you must pay, you may call: Richard M. Squire, Esquire, Kevin P. Diskin, or Craig Oppenheimer, Esquire at (215) 886-8790. 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 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 below 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 the Cumberland Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CU:';BERL NO COUNT' PE_NNS'YL'!',NIA NYMT Loan Trust 2013 RPI PLAINTIFF, v. Carrie E Raudabaugh Danny L Raudabaugh 1149 Easy Rd Carlisle, PA 17013 United States of America c/o U.S. Attorney, 1111 Constitution Way, N.W. Washington, DC 20224 United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO. 14 -1628 -Civil CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: United States of America Federal Building, 228 Walnut Street Harrisburg, PA 17108 The house (real estate) at 1149 Easy Road, Carlisle aka Lower Frankford Township, PA 17013 is scheduled to be sold at Cumberland County Sheriff Sale, on Wednesday, December 3, 2014 at 10:00 A.M., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $88,667.76 plus interest to the sale date obtained by NYMT Loan Trust 2013 RPI against you. 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 canceled if you pay back to NYMT Loan Trust 2013 RPI, the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd how much you must pay, you may call: Richard M. Squire, Esquire, Kevin P. Diskin, or Craig Oppenheimer, Esquire at (215) 886-8790. 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 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 below 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 the Cumberland Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Clients\BSI Financial\Raudagaugh-269F\Writ package 6-12-2014.wpd 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 NYMT LOAN TRUST 2013 RPI Vs. NO 14-1628 Civil Term CIVIL ACTION — LAW CARRIE E. RAUDABAUGH, DANNY L. RAUDABAUGH,_ UNITED STATES OF AMERICA C/O U.S. ATTORNEY, UNITED STATES OF AMERICA WRIT OF EXECUTION 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: (1) 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: $88,667.76 L.L.: $.50 Interest FROM 4/29/2014 TO 12/3/2014 @ $25.63 PER DIEM - $5,612.97 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.53 Other Costs: Plaintiff Paid: Date: 6/18/14 (Seal) David D. Buell, Prothonotary a1/1 -414 - Deputy REQUESTING PARTY: Name: CRAIG OPPENHEIMER, ESQUIRE Address: RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8790 Supreme Court ID No. 313264 ~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF ME SHERIFF FILED -OFFICE. CF' THE PIOTHCNOTAR'( 90|bQOV �� 6� �� |� �``°'` �� '"` � '� CUMBERLAND COUNTY PENNSYLVANIA NyMTLoan Trust 2013-RP1 vs. Carrie E Raudabaugh (et al.) Case Number 2014-1628 SHERIFF'S RETURN OF SERVICE 09/26%8014 05:09 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Wr, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1149 Easy Road, Lower Frankford - Township, Carlisle, PA 17013, Cumberland County. 1006/2014 06:30 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 the Defendant, to wit: Carrie E Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013, Cumberland County. 10/08/2014 06:30 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 Carrie E. Raudabaugh, wife, who accepted as "Adult Person in Charge" for Danny L Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013, Cumberland County. 10/14/2014 Ronny R Anderson, Ghehff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $942.38 SO ANSWERS, November 24, 2014 RONR ANDERSON, SHERIFF to) oountyowSheriff, reiemm*c On August 13, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Known and numbered as, 1149 Easy Road, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: August 13, 2014 By: ite Real Estate Coordinator b5 :1 d b 1 tinr h�dl