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Home My WebLink About14-5464 Supreme Court-of Pennsylvania ' Court� llCower Sheeteet of Comm`�n Pleas ��v For Prothonotary Use Only: Sheet CUMUbtLAND County Docket No: The information collected on this form is used solely for court administration purposes. This farm does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint O Writ of Summons 0 Petition S 0 Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: THE BANK OF NEW YORK Lead Defendant's Name: CHRISTOPHER M.NEAL MELLON,AS SUCCESSOR TRUSTEE TO JPMORGAN C CHASE BANK,AS TRUSTEE FOR NOVASTAR T MORTGAGE FUNDING TRUST,SERIES 2003-2, I NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 Are money damages requested? ❑ Yes � No Dollar Amount Requested: ❑ within arbitration limits N (Check one) n outside arbitration limits Is this a Class Action Suit? ❑ Yes 1]No Is this an MDJ Appeal? ❑ Yes Z No A Name of PlaintifflAppellant's Attorney: Kenya Bates,Esq.,Id.No.203664 Phelan Hallinan,LLP ❑ Check here i.fyou have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include mass tort) 0 Employment Dispute: Ei 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board 0 Other: T I --- 0 Other: MASS TORT ❑Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment B 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LABILITY ❑Mortgage Foreclosure:Commercial 0 Quo Warranto ❑Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Other: 0 Medical 0 Other Professional: 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#: 933333 PRO l�1S rl1u Mb-T,' cutI `RLyi p �' NfiS YLV�COU 0 ANT'r PHELAN HALLINAN,LLP Kenya Bates,Esq.,Id.No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 ATTORNEY FOR PLAINTIFF kenya.bates@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE COURT OF COMMON PLEAS BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, CIVIL DIVISION NOVASTAR HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2003-2 TERM C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 NO WEST PALM BEACH, FL 33409 Plaintiff CUMBERLAND COUNTY V. CHRISTOPHER M. NEAL 295 SMITH ROAD SHIPPENSBURG,PA 17257-9626 MICHELLE M. NEAL 295 SMITH ROAD SHIPPENSBURG,PA 17257-9626 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE file#: 933333 �6SED 1. Plaintiff is THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2003-2 C/O OCWEN LOAN SERVICING, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER M. NEAL 295 SMITH ROAD SHIPPENSBURG,PA 17257-9626 MICHELLE M. NEAL 295 SMITH ROAD SHIPPENSBURG,PA 17257-9626 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/28/2003 CHRISTOPHER M. NEAL and MICHELLE M. NEAL made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for Novastar Mortgage, Inc , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1814, Page 2899. By Assignment of Mortgage recorded 06/18/2009 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 200920677. Said Mortgage was modified as set forth in a modification agreement recorded May 8, 2006, in Book 0726, Page 4215. 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. File#: 933333 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2013 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 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 08/05/2014: Principal Balance $128,125.24 Interest $12,072.27 06/01/2013 to 08/05/2014 Late Charges $1,688.44 Appraisal/Brokers Price Opinion $166.45 Escrow Deficit $2,834.99 Subtotal $144,887.39 Suspense Credit $64.60 TOTAL $144,822.79 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 File#: 933333 provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling,agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File#: 933333 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Penn Township, Cumberland County, Pennsylvania, together with improvements erected thereon known as 295 Smith Road, bounded and described in accordance with a survey done by Noel B. Smith, Registered Surveyor, dated November 27, 1972, as follows: BEGINNING at a point in the center line of Township Route T-346 at the Northwest corner of lands now or formerly of Janet Smith; thence by the center of the said Township Route T-346, North thirteen (13) degrees, seven (07) minutes West, two-hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of lands of Jay Coble; thence by said lands of Jay Coble, North seventy-six (76) degrees, fifty-three (53) minutes East, one hundred fifty-six and thirty-six hundredths (156.36) feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55)minutes, twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37) feet to a point being the Northeast corner of lands now or formerly of Janet Smith; thence by said lands now or formerly of Janet Smith, South seventy-three (73) degrees, thirty (30) minutes, thirty-six (36) seconds West, one hundred fifty-six and sixty-three hundredths (156.63) feet to a point,place of BEGINNING. PROPERTY ADDRESS: 295 SMITH ROAD, SHIPPENSBURG, PA 17257-9626 PARCEL#31-11-0300-022B File#: 933333 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant( )s in t with interest, costs, fees, and charges collectible under the mortgage includinghe sum Of$'44,822.79,together costs,and for the foreclosure and sale of the mortgaged property. but not limited to attorney fees and P pe rty. PHELAN HALLINAN,LLP By: enya tes,Esq.,Id. N o.2036644 Attorney for Plaintiff VERIFICATION I, Caroline Cochran ,hereby state that I am_Contract Management Coordinator SERVICING,LLC,mortgage servicing agent for Plaintiff in this matter. The Plain • of OCWEN LOAN servicing responsibility to OCWEN LOAN SERVICING,LLC for the mortgage to tiff has delegated the mortgage action. Plaintiff lacks sufficient information to make this verification because Plaintiff which is the subject of this maintains the business records for the mortgage. tiff�s not the entity which OCWEN LOAN SERVICING,LLC is in possession and control of all documents and records supporting the statements in the foregoing complaint and than the Plaintiff, is theappropriate entity to make this verification.than the servicer,rather I have reviewed the business records relating to this account,and am authorized to ma I hereby verify that the statements made in the foregoing Civil Action in Morta e For ke this verification. to the best of my information and belief. I understand that this statement is made sub eclosure are true and correct C.S. §4904 relating to unsworn falsification to authorities. Ject to the penalties of 18 Pa. DATE: NamLeCaroline Coc an Title:Contract Management Coordinator OCWEN LOAN SERVICING,LLC as servicer for THE BANK OF NEW YORK�IELLON,AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK,AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2003-2 File#: 933333 Name:NEAL File#: 933333 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,• OFF :CE OF 174-4:6 F.,t4ERIFF 4 '! SEP CUtiBERLAND PENNS YLVANI/A The Bank of New York Mellon vs. Christopher M. Neal (et al.) Case Number 2014-5464 SHERIFF'S RETURN OF SERVICE 09/19/2014 03:04 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Michelle Neal, Wife, who accepted as "Adult Person in Charge" for Christopher M. Neal at 295 Smith Road, Penn Township, Shippensburg, PA 17257. UTSHALL, D 09/19/2014 03:04 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Michelle M. Neal at 295 Smith Road, Penn Township, ippensburg, PA 17257. 0.7-Atts,, TSHA SHERIFF COST: $66.60 SO ANSWERS, September 22, 2014 (c) CountySufte Sheriff, Teleosoft, Inc. RONN R ANDERSON, SHERIFF PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.31 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 F1ED-CF" ICE Wil. A i" Tk r i ME -I 13:23 ,;(} COU't3 i Y PLPli ;>1'LVA IA Attorney for Plaintiff THE BANK OF NEW YORK MELLON, : CUMBERLAND COUNTY AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET-BACKED : No. 14 -5464 -CIVIL CERTIFICATES, SERIES 2003-2 COURT OF COMMON PLEAS : CIVIL DIVISION vs. CHRISTOPHER M. NEAL MICHELLE M. NEAL 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 CHRISTOPHER M. NEAL, and MICHELLE M. NEAL, 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 TOTAL $144,822.79 $144,822.79 I hereby certify that (1) the Defendants' last known address is 295 SMITH ROAD, SHIPPENSBURG, PA 17257-9626, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /1 10 PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff k �'6)-SO/)dart. 0� 933333 (R-4, IkS aS"► DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 045 PH # 933333 PROTHONOTARY 933333 PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.3 ] 8263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 VS. CHRISTOPHER M. NEAL MICHELLE M. NEAL Attorney for Plaintiff CUMBERLAND COUNTY • COURT OF COMMON PLEAS : CIVIL DIVISION No. 14 -5464 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE 11 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) CHRISTOPHER M. NEAL and MICHELLE M. NEAL 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 CHRISTOPHER M. NEAL is over 18 years of age and resides at 295 SMITH ROAD, SHIPPENSBURG, PA 17257-9626. (c) that defendant MICHELLE M. NEAL is over 18 years of age and resides at 295 SMITH ROAD, SHIPPENSBURG, PA 17257-9626. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 1,/' pit Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 933333 Department of Defense Manpower Data Center Status Reprt Punuant to Servieernembers Civil Relief Act Last Name: NEAL First Name: MICHELLE Middle Name: M Active Duty Status As Of: Jan -06-2015 Results as of : Jan -06-2015 01:38:48 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA5 0 NA This response reflects the individuals actiye`dUty status&bated on the:Active DutyStatus Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date - Status - Service Component NA illi;,,, -,.]j' -NA)". s. ?.:( p$, 4 .•,,-',..7,.'1,,-,.-,...4.`7---1"19.---'.' T :: NA This response reflects where, the indriidual Iefactive duti utatus withinf367 dayys preceding ted;Active Duty Status Date 21 The Member or HislHer Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA }`; NA ,V;';5'''' r7 '{Nom/ _ '.¢r NA This response reflects whettier,the indivdual or hislherunit has_receteed eady,n, tification tdfeport for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based onthe information that you provided, the above is the status of the individual on the active duty status date as to all branches of the U iformed Services (Ar y, 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 Department of Defense Manpower Data Center Status Rvort Pursuant to Servicementbers Civil Relief Act Last Name: NEAL First Name: CHRISTOPHER Middle Name: M Active Duty Status As Of: Jan -06-2015 Results as of : Jan -06-2015 01:38:40 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 „,0-'71i, 5 ''L -:j,4 '•-•'-''''''••'---'-,,. ,2.J ' t4g.- NA 't' This response refle4kheinclivitiali.actly'ettity:etaltiS7baled one hActive Duty4tatus Date .. , , .. ... _ ..... ...._ .... LettActive Duty Within 367 Days of Active Duty Status Date • • . Active Duty Start Date Active Duty End Date , --..., Status Service Component NA - ..t,.] , k.T?k-1 .'itslA 7:1--.';,.',-..-a--',',_;:' % : 1 . :: .,.4 -;.''''.:1,*::, -- .467,: vii..,:.-.... \;.. NA 1, 1,...,_ .,...i,„..,q1:: •...,,,-_,-:,;;;,,Er:- . This response reflects where3he Individual left-aCtiVedutpstalus withln-367-days -preceding therActive Duty Status Date clLTr; N. 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 1+. NA. :,... L.!: , - NA This response reflects whether ttfle.lndlvldual or lus/herunit nas-re-deived early,notificathifito+eport for active duty Upon searching the data banks of the Department of Defense Manpower Data ceriter2-baaed6rilhe information that you provided, the above is the status of the individual on the active duty status date as to all branches of the iinifeirmed-Se&ices4Arniy, 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 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON, CUMBERLAND COUNTY AS SUCCESSOR TRUSTEE TO JPMORGAN• CHASE BANK, AS : COURT OF COMMON PLEAS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY CIVIL DIVISION LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 : No. 14 -5464 -CIVIL vs. CHRISTOPHER M. NEAL MICHELLE M. NEAL Notice is given that a Judgment in the above captioned matter has been entered against you on 1,1 \\ S If you have any questions concerning this matterplease contact: Phelan Hallinan, LLP PETER WAPNER, Esq., Id. No.318263 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.** 933333 THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2003-2 Plaintiff v. CHRISTOPHER M. NEAL MICHELLE M. NEAL Defendant(s) TO: CHRISTOPHER M.' NEAL 295 SMITH ROAD SHIPPENSBURG, PA 17257-9626 DATE OF NOTICE::. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -5464 -CIVIL CUMBERLAND COUNTY THIS FIRM ISA DEBT COLLEC'T'OR 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 I'EN 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 OH hR 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 # 933333 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2003-2 Plaintiff v. CHRISTOPHER M. NEAL MICHELLE M. NEAL Defendant(s) MICHELLE M. NEAL 295 SMITH ROAD $lII.'.PCNSl3'URC 7?�1t7 (5Tp`26. OKNOTICE". .. t .. . THIS FIRM IS A DtBT COLLCTOR 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. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -5464 -CIVIL CUMBERLAND COUNTY 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 BY: PH # 933333 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 p06-61-vikt PETER WAPNER, Esq., Id.'No.318263 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400. One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase : COURT OF COMMON PLEAS Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, • Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2 : CIVIL DIVISION Plaintiff v. Christopher M. Neal Michelle M. Neal Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due : NO.: 14 -5464 -CIVIL . CUMBERLAND COUNTY $144,822.79 Interest from 01/08/2015 to Date of Sale $3,500.07 ($23.81 per diem) TOTAL $148,322.86 Note: Please attach description of property. PH # 933333 (1).(00 �3r < < << \LD. St's "� Phel Hallinan, LLP Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff .3s )314 (4) 9Ns LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Penn Township, Cumberland County, Pennsylvania, together with improvements erected thereon known as 295 Smith Road, bounded and described in accordance with a .survey done'by Noel B. Smith, Registered Surveyor, dated November 27, 1972, as follows: BEGINNING at a point in the center line of Township Route T-346 at the Northwest corner of lands now or formerly of Janet Smith; thence by the center of the said Township Route T-346, North thirteen (13) degrees, seven (07) minutes West, two -hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of lands of Jay Coble; thence by said lands of Jay Coble, North seventy-six (76) degrees, fifty-three (53) minutes East, one hundred fifty-six and thirty-six hundredths (156.36) feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55) minutes, twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37) feet to a point being the Northeast corner of lands now or formerly of Janet Smith; thence by said lands now or formerly of Janet Smith, South seventy-three (73) degrees, thirty (30) minutes, thirty-six (36) seconds West, one hundred fifty-six and sixty-three hundredths (156.63) feet to a point, place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Christopher M. Neal & Michelle M. Neal, h/w, by Deed from Angila P. Smith, surviving spouse of Gerald R. Smith, dated 05/28/2003, recorded 06/03/2003 in Deed Book 257, Page 1667. PREMISES BEING: 295 Smith Road, Shippensburg, PA 17257-9626 PARCEL NO. 31-11-0300-022B PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.3121.74 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 ! L Attorneys for Plaintiff 114 Ail ff:25 ,-Z ,.SYLvAtuA The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2 • Plaintiff v. Christopher M. Neal Michelle M. Neal Defendant(s) CERTIFICATION • • • COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -5464 -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: i/ Phe n Hallinan, LLP Jo athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2 Paintiff v. Christopher M. Neal Michelle M. Neal Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -5464 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2, 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 295 Smith Road, Shippensburg, PA 17257-9626. L Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Christopher M. Neal 295 Smith Road, Shippensburg, PA 17257-9626 Michelle M. Neal 2. Name and address of Defendant(s) in the judgment: Name Christopher M. Neal 295 Smith Road, Shippensburg, PA 17257-9626 ) -u r". Address (if address cannot be reasonably ascertained, please so indicate) 295 Smith Road Shippensburg, PA 17257-9626 Michelle M. Neal 295 Smith Road Shippensburg, PA 17257-9626 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) Novastar Mortgage Inc. Novastar Mortgage Inc. C/O Robert W. Cusick Esq. Novastar Mortgage Inc. C/O Robert W. Cusick 8140 Ward Parkway Kansas City, MO 64114 401 Route 70 East Suite 100 Cherry Hill, NJ 08034 1040 North Kings Highway Suite 407 Esq. Cherry Hill, NJ 08034 PH # 933333' 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. 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 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 295 Smith Road Shippensburg, PA 17257-9626 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 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: 1 11311< PH # 933333 By: Ph n Hallinan, LLP J athan 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 The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2 Ly Christopher M. Neal Michelle M. Neal vs. : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO.: 14 -5464 -CIVIL Plaintiff : Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Christopher M. Neal Michelle M. Neal 295 Smith Road Shippensburg, PA 17257-9626 r1J a1 **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 295 Smith Road, Shippensburg, PA 17257-9626 is scheduled to be sold at the Sheriff's Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $144,822.79 obtained by The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003- 2, Novastar Home Equity Loan Asset -Backed Certificates, Series 2003-2 (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. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -5464 -CIVIL The Bank of New York Mellon, as Successor Trustee to JPMorgan Chase Bank, as Trustee for Novastar Mortgage Funding Trust, Series 2003-2, Novastar Home Equity Loan Asset - Backed Certificates, Series 2003-2 v. Christopher M. Neal Michelle M. Neal owner(s) of property situate in the CUMBERLAND County, Pennsylvania, being 295 Smith Road, Shippensburg, PA 17257-9626 Parcel No. 31-11-0300-022B (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: '$144,822.79 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Penn Township, Cumberland County, Pennsylvania, together with improvements erected thereon known as 295 Smith Road, bounded and described in accordance with a survey done by Noel B. Smith, Registered Surveyor, dated November 27, 1972,.as follows: BEGINNING at a point in the center line of Township Route T-346 at the Northwest corner of lands now or formerly of Janet Smith; thence by the center of the said Township Route T-346, North thirteen (13) degrees, seven (07) minutes West, two -hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of lands of Jay Coble; thence by said lands of Jay Coble, North seventy-six (76) degrees, fifty-three (53) minutes East, one hundred fifty-six and thirty-six hundredths (156.36) feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55) minutes, twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37) feet to a point being the Northeast corner of lands now or formerly of Janet Smith; thence by said lands now or formerly of Janet Smith, South seventy-three (73) degrees, thirty (30) minutes, thirty-six (36) seconds West, one hundred fifty-six and sixty-three hundredths (156.63) feet to a point, place of BEGINNING. TITLE TO SAID PREMISES VESTED IN Christopher M. Neal & Michelle M. Neal, h/w, by Deed from Angila P. Smith, surviving spouse of Gerald R. Smith, dated 05/28/2003, recorded 06/03/2003 in Deed Book 257, Page 1667. PREMISES BEING: 295 Smith Road, Shippensburg, PA 17257-9626 PARCEL NO. 31-11-0300-022B 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 THE BANK OF NEW YORK MELLON, AS SUCCESSOR TRUSTEE TO JP MORGAN CHASE BANK, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2003-2, NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2003-2 Vs. NO 2014-5464 Civil Term CIVIL ACTION — LAW CHRISTOPHER M. NEAL MICHELLE M. NEAL 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: $144,822.79 L.L.: $.50 Interest FROM 1/8/2015 TO DATE OF SALE ($23.81 PER DIEM) - $3,500.07 Atty's Comm: Atty Paid: $227.35 Plaintiff Paid: Date: 1/14/15 (Seal) 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 Due Prothy: $2.25 Other Costs:. David D. Buell, Prothonotary Deputy