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HomeMy WebLinkAbout06-0154 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 61:, - 1$ c.;uLY0lM v. CUMBERLAND COUNTY STEVE R. AULENBACHER NK/ A STEVE R ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 128735 File #: 128735 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FUR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWE:R TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. . 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) of the Defendant(s) are: STEVE R. AULENBACHER NK/ A STEVE R ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/25/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1781, Page: 4749. 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 09/01/2005 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. File #: 128735 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 01106/2006 (Per Diem $8.65) Attorney's Fees Cumulative Late Charges 10/25/2002 to 01/06/2006 Cost of Suit and Title Search Subtotal $53,725.47 1,375.35 1,250.00 102.96 $ 550.00 $ 57,003.78 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 57,003.78 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 57,003.78, together with interest from 01106/2006 at the rate of$8.65 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 7~ <f' ) dJt-::-- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 128735 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground, together with the improvements thereon, situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, according to a survey made by Thomas A. Neff, R.S., on February 8, 1966; BEGINNING at a point on the West side of South East Street, at corner of property now or formerly of Arthur T. Wallace, et ux., said point being marked with an 'X' in the concrete sidewalk; thence along the West side of South East Street South 13 degrees 40 minutes West 17.25 feet to a point at the corner of property now or formerly of Robert 1.. Hartzell, said point also being marked with an 'X' in the concrete sidewalk; thence along said property now or formerly of Robert 1.. Hartzell and through the center line of a partition wall North 76 degrees 20 minutes West 60 feet to a post on line of property now or formerly of Jane Snead; thence along said Snead property North 13 degrees 40 minutes East 17.25 feet to a point at corner of property now or formerly of the said Arthur T. Wallace, et ux., said point being marked with a tack in a fence; thence along said Wallace property and through a three feet wide passageway South 76 degrees 20 minutes East 60 feet to a point, the place of BEGINNING. CONTAINING 17.25 feet in front on South East Street and extending in depth at a uniform width for a distance of 60 feet. BEING known and numbered as 24 South East Street, Carlisle, Pennsylvania. BEING the same premises which Leah C. Salisbury, a widow, by Deed dated April 7,1994, and recorded in the Office of the Recorded of Deeds of Cumberland County Pennsylvania, in Deed Book 103, Page 820, granted and conveyed unto Marlin K Stahl and Myma J. Stahl, husband and wife, grantors herein. File #: 128735 VFRIFWATTON Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN AMRO MORTGAGE GROUP, INC. mortgage scrvicing agcnt for Plaintiff in this mattcr, that hc/shc is authorizcd to takc this V crification, and that the statcmcnts madc in the forcgoing Civil Action in Mortgagc Forcclosurc arc truc and corrcct to thc bcst ofhis/hcr knowlcdge, information and bclicf. The undcrsigncd undcrstands that this statcmcnt is madc subjcct to thc pcnaltics of 18 Pa. C.S. Scc. 4904 relating to unsworn falsification to authoritics. ~~~ DATE: /NJ6 , ):::) (.) lQ. }i:- t lr1 .10 co 1'--,'> " vt C-:-:l 0 t:'~' ~ -.t: \) '.f" "1"1 0) ( :.:cI 1-J ~ , c' .' ~ IN -U ..,:;. :i-~~ I " ~ r- 'l.D I ; ~~-_-:) IN ~ .. '. ~ -c. :~.. -J -.' - -..-..- .. 1".) CD SHERIFF'S RETURN - REGULAR CASE NO: 2006-00154 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS AULENBACHER STEVE R AKA STEVE BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AULENBACHER STEVE R AKA STEVE R ALENBACHER the DEFENDANT at 0934:00 HOURS, on the 12th day of January , 2006 at 26 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40 So Answers: .~~~ R. Thomas Kline Sworn and Subscribed to before 01/13/2006 'HE",:y'~LLN~c 'Deputy Sheriff me this J.g'!? day of ()Aw'''l ~o<Jc. A.D. ()'-f~.L.. () n./.tPCh d~ "-fprothonotary , ABN AMRO MORTGAGE GROUP, INC, Plaintiff, CUMBERLAND COUNTY v, No, 06-154 CIVIL TERM STEVE R. AULENBACHER aIkIa STEVE R. ALENBACHER Defendant(s). Fcbruary 21,2006 TO: STEVE R. AULENBACHER a/kla STEVE R. ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Yourhousc (real estatc) at, 24 SOUTH EAST STREET, CARLISLE, PA 17013, is schcduled to be sold at the Shcriffs Sale on JUNE 7, 2006 at 10:00 a.m. in thc Cumbcrland County Courthousc, South Hanovcr Street, Carlisle, PA 17013, to cnforce the courtjudgmcnt of $57,401.68 obtaincd by ABN AMRO MORTGAGE GROUP, INC, (the mortgagee) against you. In the evcnt the sale is continued, an announccment will be madc at said sale in compliancc with Pa.R.C.P., Rulc 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. Thc sale will be cancelled if you pay to the mortgagce thc back paymcnts, latc charges, costs and rcasonablc attorncy's fecs duc. To find out how much you must pay, you may call; (215) 563-7000. 2. You may be ablc to stop thc sale by filing a pctition asking the Court to strike or opcn thc judgment, if thc judgmcnt was impropcrly cntcred. You may also ask thc Court to postpone the salc for good cause. 3. You may also be ablc to stop the salc through other lcgal procccdings. -,.-" r , \~-j r.,) '<.--' -';-\ C . PHELAN HALLINAN & SCHMIEG, L.L,P, By: DANIEL G, SCHMIEG Identification No, 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO, 06-154 CIVIL TERM STEVE R. AULENBACHER alkla STEVE R. ALENBACHER Defendant(s), PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgmcnt in favor of thc Plaintiff and against STEVE R. AULENBACHER alk!a STEVE R. ALENBACHER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thcrcof and for Forcclosure and Salc ofthc mortgagcd premises, and assess Plaintiff's damagcs as follows: As sct forth in Complaint Interest from 1/7/06 to 2/21/06 TOTAL $57,003.78 $397.90 $57,401.68 I I hcreby certifY that (I) the addresses ofthe Plaintiff and Defendant(s) arc as shown above, and (2) that noticc has bcen givcn in accordance with Rulc 237.1, copy attachcd. p-~~~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ~ DATEJp,b "'2 ~ ~,(, f1'A~J:? ""if ' R PROTHY '-~;,..- ---LJ1 / PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19 I 03 (? 1,) ,61-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINnFF ; COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY STEVE R. AULENBACHER NKlA STEVE R. ALENBACHER : NO, 06-154 CIVIL TERM Defendants TO: STEVE R. AULENBACHER AfKfA STEVE R, ALENBACHER 24 SOUTH EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: FFRRIJARY 2 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRlnNG WITH THE COURT YOUR DEFENSES OR OBJECnONS 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 IMPORT ANT 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 INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 M_ . P I)-k ()f). ~~ ,/J. lJXl~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff , PHELAN HALLINAN & SCHMIEG, L.L,P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC, 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO, 06-154 CIVIL TERM STEVE R. AULENBACHER alkla STEVE R. ALENBACHER Defendant(s), VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby vcrifies that hc is attorney for the Plaintiff in the abovc-captioned matter, and that on information and belief, hc has knowledgc of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Scrvice of the Unitcd States or its Allies, or othcrwise within the provisions of the Soldicrs' and Sailors' Civil Rclicf Act of Congress of 1940, as amcndcd. (b) that dcfendant STEVE R. AULENBACHER a/kla STEVE R. ALENBACHER is ovcr 18 years of age and rcsides at , 24 SOUTH EAST STREET, CARLISLE, P A 17013 , This statcment is madc subject to thc penaltics of 18 Pa. C.S. Scction 4904 rclating to unsworn falsification to authoritics. , ~J/--1 DANIEL G. SCHMIEG, ES Attorncy for Plaintiff VL I'""'~~ 2\ c:> ,-~. <"'.) , e,'" , , , F:' - -:'1 (-~ it ::> r. , 1L " " j , :t- ro,:'! C " - -t: , ':'\ -..!.. ~ ,~ '- ,2: ~ '\~ "- '> , - ~n .", 0 I- ., c 'J :J1 ~\ , ~- , '..I) --; 'J " .\,. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO, 06-154 CIVIL TERM STEVE R, AULENBACHER alkla STEVE R. ALENBACHER Defendant( s). Noticc is given that a Judgment in the above-captioned mattcr has bccn cntered against you on 'J=p_~.2 ~ 200/'-'. . .)3)': A yCI../}. , >J{)/l, [" ,,/ (J/~_'I-Lj--,~,/ DEPUTY If you have any qucstions concerning this matter, plcase contact: ,fJ~Jj J~1 DANIEL G. SCHMIEG, ESQUIRE Attorncy for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v, No, 06-154 CIVIL TERM STEVE R. AULENBACHER alkla STEVE R. ALENBACHER Defeudant(s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of cxecution in the above mattcr: Amount Due $57,401.68 v Interest from 2/21/06 to JUNE 7, 2006 (per dicm -$9.44) $1,000.64 and Costs TOTAL $58,402.32 f}~,yjJc~ DANIEL G. SCHMIEG, ES IRE Onc Penn Ccnter at Suburban Station 1617 John F. Kennedy Boulcvard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: P1easc attach dcscription of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, .... .... ~ r- .... ~ ~ ~ ~ -J, e .... < ~ ~s !:C ~ o~ U ~ v ~ .... ~ ~.. ~ \-' ~~ ~ ~ G ~ .,; 0) ~rIl ? \oil ~~ ~ ~ z ~ ~ ~z \oil~ .~ on \-' 0) ~~~ " ~ ~S .~ ~ p ~ o " .;:l ~ .. .. ~ \oil ot ~a ' .... e < ,;. ~ c~~ ~ on VZ " ... \-' ~ ~s ~ ~ ~~ . . 0) s ~ '~~ ov ~~ P- i e <~~ rIl l ~~ ~o ~ < ~~ 1 .... s~ ~ !:C <h ~~ ~ ~ 0 on 0) .... ~ .;s . " .!O ~ ~ ~ ~ \-'~ .~ ~ ~ ~? ~ V t ~ ~ ~ , , ~\ ) i -7 .; v ~~ - " I 1 ',1-; .' -+- " c\ .- --, , ,..:: , ~ , , ",~t ...,<' ,-", ..) r'-' ( . , " ., .'~.... ~ J " C,_ r\ ~ t.!. .'--.: ~ ~) () 0- '" " V"' ~ ~ 'i;j, ~ ,/~ ~ -< {--!j I: M '.I' ~ -:--- \ J ~\S\ ".~ to'}- ,,f\ ("'i ::----- " -- , \ ~ " '. 0-- '-r\ 0 2::-1; " ::t ~';. ,- - ~ ~- ,---~j :r --- ~ -4\ (~- ( " ,---' WRIT OF EXECUTION and/or ATTACHME;\IT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-154 Civil CIVIL ACnON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO Mortgage Group Inc. Plaintiff (s) From Steve R. Aulenbacher a/k/a Steve R. Alenbacher (I) You are directed to levy upon the property of the defendant (s)and to sell See legal description of property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $57,401.68 Interest from 2/21106 to June 7, 2006 Arty's Comm % Atty Paid $114.40 Plaintiffpaid Date: February 23, 2006 L.L.$.50 (per diem - $9.44) $1,000.64 and Costs Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary By ~?#d. k. ~k - Deputy 95 REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 1-800-990-9108 Supreme Court ID No. TRUE COpy FROM RECC:lD In Testimony whereof, I here unto sst nl'l hand and the seal of said Court at Carlisle, Pa. This ....,2:3..... day of.\2fJJi.........., ,;z.C?Q~ ~~..l~::..,~\-:l..,.~.~7'........ -....... ~ 70. , Prothono ry DESCRIPTION ALL THAT CERTAIN lot of ground, together with thc improvements thcrcon, situate in the Sccond Ward of the Borough of Carli sic, Cumbcrland County, Pennsylvania, bounded and dcscribcd as follows, according to a survcy made by Thomas A. Neff, R.S., on Fcbruary 8, 1966; BEGINNING at a point on thc West side of South East Street, at corncr of property now or formcrly of Arthur T. Wallacc, ct ux., said point bcing marked with an 'X' in the concrctc sidcwalk; thence along thc Wcst sidc of South East Street South 13 dcgrccs 40 minutcs Wcst 17.25 feet to a point at thc corner ofpropcrty now or formcrly of Robert 1.. Hartzcll, said point also being markcd with an 'X' in thc concrctc sidcwalk; thence along said property now or formcrly of Robert 1.. Hartzcll and through the centcr linc of a partition wall North 76 degrees 20 minutcs West 60 feet to a post on linc of propcrty now or formerly of Jane Sncad; thcncc along said Sncad property North 13 degrees 40 minutcs East 17.25 fcct to a point at corncr of property now or formerly of the said Arthur T. Wallacc, ct ux., said point being marked with a tack in a fencc; thcnce along said Wallacc property and through a thrce feet wide passageway South 76 dcgrccs 20 minutes East 60 feet to a point, thc place of BEGINNING. CONTAINING 17.25 fcct in front on South East Strcct and extcnding in dcpth at a uniform width for a distancc of60 feet. BEING known and numbcrcd as 24 S. East Strcct, Carlislc, Pennsylvania. BEING the samc premises which Lcah C. Salisbury, a widow, by Dccd dated April 7, 1994, and rccorded in thc Office ofthc Rccorded of Dc cds of Cumberland County Pennsylvania, in Dccd Book 103, Pagc 820, grantcd and convcyed unto Marlin K. Stahl and Myrna J. Stahl, husband and wife, grantors herein. Being Parccl # 03-21-0318-017 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stcvcn R. Alenbacher, a single person, by Deed from Marlin K. Stahl and Myrna J. Stahl, husband and wife, datcd 4-20-01, recorded 4-23-01 in Dccd Book 243, page 199. PREMISES BEING; 24 SOUTH EAST STREET, CARLISLE, P A 17013 PHELAN HALLINAN & SCHMIEG, L.L,P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CIVIL DIVISION STEVE R. AULENBACHER a1k/a STEVE R. ALENBACHER NO, 06-154 CIVIL TERM Defendant(s), CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hercby vcrifics that he is attorney for thc Plaintiff in the abovc-captioncd matter, and that the prcmiscs are not subj ect to the provisions of Act 91 bccause it is; o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have bccn fulfilled This certification is made subject to thc penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. :JJ~JjA~ DANIEL G. SCHMIEG, ESQ Attorncy for Plaintiff -r..... ~.<; (,- ( " ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS STEVE R. AULENBACHER alkla STEVE R. ALENBACHER CIVIL DIVISION NO, 06-154 CIVIL TERM Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO MORTGAGE GROUP. INC" Plaintiff in thc above action, by its attorncy, DANIEL G. SCHMIEG, ESQUIRE, scts forth as of the datc the Praecipe for the Writ of Execution was filed thc following information concerning thc real property located at .24 SOUTH EAST STREET. CARLISLE. P A 17013 . 1. Namc and address ofOwner(s) or reputed OwnerCs); Name Last Known Addrcss (if address cannot be reasonably asccrtaincd, plcasc indicate) STEVE R. AULENBACHER alkla STEVE R. ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 2. Namc and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on thc real propcrty to bc sold; Name Last Known Addrcss (if addrcss cannot bc reasonably asccrtaincd, plcasc indicatc) None , 4. Name and addrcss oflast recordcd holder of every mortgage ofrecord; Namc Last Known Addrcss (if address cannot bc rcasonably ascertained, plcasc indicate) None 5. Name and addrcss of cvcry other person who has any record lien on the propcrty: Name Last Known Address (if address cannot bc reasonably asccrtaincd, plcase indicate) None 6. Name and addrcss of cvcry other person who has any rccord intcrcst in thc property and whose interest may be affected by the salc. Name Last Known Addrcss (if addrcss cannot be rcasonably ascertained, please indicate) None 7. Name and address of every other person of whom thc plaintiff has knowlcdgc who has any interest in thc property which may be affcctcd by thc salc: Namc Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 24 SOUTH EAST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I vcrify that the statements made in this affidavit are truc and corrcct to the best of my personal knowledge or information and bclief. I undcrstand that false statements herein are made subject to thc penalties ofl8 Pa. C.S. Scc. 4904 rclating to unsworn falsification to authoritics. Fcbruary 21, 2006 DATE ~~Jj-i~ DANIEL G. SCHMIEG, E QUIRE Attorncy for Plaintiff ~-_"'\ , , -, I ,.., -'ij ., ~~, ., C) <. ~ . AFFIDAVIT OF SERVICE PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. STEVE R. AULENBACHER alkla STEVE R. ALENBACHER CUMBERLAND COUNTY PMB No. 06-154 CIVIL TERM DEFENDANT(S) PHS # 128735 SERVE STEVE R. AULENBACHER alkla STEVE R. ALENBACHER AT 24 SOUTH EAST STREET CARLISLE, PA 17013 Type of Action - Notice of Shedff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made knoWII 10 Sieve Aulf)1bC(!'luJy,Defendant,onthe ,J 7 +J, day of Feb(oJqrr'lOO~ at br')/..t ,o'clockEm.,al J'f South t,;sl :;1- eM Cs/c P J~ 1701'S ,Commonwealth of Pennsylvania, in the manner described below: fJ( Defendant personally served. Adult family member with..tom Defendant(.) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s r""idence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside{s). Agent or person in charge ofDefendant(s)'s office or nsuat place of business. an officer of said Defendant(s)'s company. Other: Description: Ageg~A<O Height .k!.L' Weight!",J RAce ~ Sex ~ Other I, ,I~< dV1 Ell.' '" ,a competent adul~ being dnly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subs~ri~ ore ethi.o-<~$y 200& ) j / 'd otary: -.' ~ By' c,j)c--"'- EASE AIli:!i!fl):lr:!b~!RVICE AT LE T 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Slate or New Jersey NOT SERVED PA TRICIA E HARRIS On the Commission a:~'[,ys June 16, 2008 !lh .200_, at o'clock _,m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant l't Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _~ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G, Schmieg, Esquire. I,D. No. 62205 '~ / (2 <<, ':;:.:~ ,-;, r-.:> w f".) SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. No.: 06-154 CIVIL TERM vs. STEVE R. AULENBACHER a!k/a STEVE R. ALENBACHER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 24 SOUTH EAST STREET. CARLISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. JT~ Jf.J~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 2, 2006 . ABN AMRO MORTGAGE GROUP, INe. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS STEVE R. AULENBACHER alkla STEVE R. ALENBACHER CIVIL DIVISION NO. 06-154 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO MORTGAGE GROUP. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .24 SOUTH EAST STREET. CARLISLE. P A 17013 . 1. Name and-address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE R. AULENBACHER a1k/a STEVE R. ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . "" 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 24 SOUTH EAST STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Depa~entofVVe<<are PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. February 21. 2006 DATE '!5~JL!~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff . ABN AMRO MORTGAGE GROUP, INC. vs. STEVE R. AULENBACHER alkJa STEVE R. ALENBACHER TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEVE R. AULENBACHER alkJa STEVE R. ALENBACHER PROPERTY: 24 SOUTH EAST STREET CARLISLE, P A 17013 Improvements: Residential dwelling Judgment Amount: $57,401.68 CUMBERLAND COUNTY NO. 06-154 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 7,2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect ofthe Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. . ~~&&'i( ~~~~g; W::l .. "" :::l 8..~g~ ~ "'~'~. g, OJ "'J ~~~~g. 6'[1:::;;:3., :''' .80 OJ ~:~'8J ii 10 ~ a-. ~'1l -a .,' a 1J:'Oi 2lf.o o 5!: n ""~' g ~.; ~g "" ~~ 8 i3~. ~ ~!tii ~ I.~g, ~'E li ~ li=""" 2.~~~' il :3 ~ ~ r:B.g-g. ii~~~ i'Oi ii li g: 5!: a~. ..lilt .gg83 g'fEl "" ~ ~ ~ Ifg: g,~ Wi ~ I. e; ~, 8 ..'~ ~ g.5!'~ ~. ~E'~ ., ~ 8"C:l ~g-g~ ~ lA'''' a' ~ ~.li' [ II ~ if-Oi llE. - ;:.Z VI ~J 00'" ,<:3., J ~Oi tI'l ..10 ~ ~'z ~ ~t trl ~o (C - ...., 0"" > Sll>' C ~ ~ ~ ~ > ~ iC ~~ ~ II : if ~ z ~ (0 ~ ~ :<l trl ~, ~ 6' > O<l (} ~ - ~ - - \j,> tv ::: ::; \0 OO-..J 0\ VI ~ \j,> tv - ~ 8 g ~ ~ ~ ~ ~ o ~ n i (} trl ~j ~ ~ >t"'" [f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~"'d ~ ! ~ 'T1 ~ ~ ~ 8 ~ ~ ~ ~ i ~ ~ ~ ~ ~ (} ~ ~ 0 g ~ ~ _ z :... tI'l >-l \j,> t"'" 0 Z ~trl 'T1 0 ~ ~ ~ - ~ ~ 8 'T1 ~ \j,> ~~ 0 ;3 tii tI:l iC o tI'l ~ ~ ~ trl ~VI ~~ ~ ~ tI'l tI'l tI:l ~ ~ :0 ~ > "'d - > c5 - - -..J \j,> - ~ ~ o o>z ,""Q.~ ooQ.S g ~ (D Q.l"Il~ (D l"Il = ... Q. ~ 0' CD z c 3 C" CD .., "tl-O"tl ~~::r::c II'-...)otr:l 0.. "tl..... oO'~> js5Z ~' "Tl () ~ . g ~ ~i&~ ~oa2! o~~> \ftJ:lo"Z ;;;;ga.Ro __f:\)CZl ,J:..oo() oi~S3 ~~ ::t,~ "'l:lCZl!50 == s, ~ ~CHt r _ t"'" ~ . o "tl l"j 0 . E tI'l :::::. "U s: OJ !<..t-~P08~ <<t c;o~ . @~~~ -I~ -- . Z I ~~--- ';:l ~ PlTfOEY BOWES $ 00.950 0004309825 FE872' 2006 MAILE.D FROM ZIP cODE 19103 Ii ." (") ~ t'..:l ~;g 0''' c_ ~ I ()"'! o "I' -~ I" cl1F ? c:-' :~~~ I :::~ ;.0 ~ ~ ::;.. 6 C' U"l , ABN AMRO Mortgage Group, Inc. VS Steve R. Aulenbacher aJk/a Steve R. Alanbacher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-154 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Postpone Sale Mileage Certified Mail Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 965,31 15.00 15.00 15.00 20.00 8.80 1.63 19.57 328.40 485.00 $1,925.21 / ) 010 c,/o(, 9w So Answers: r~'l~~/4 R. Thomas Kline, ~eriff \ B'" Real Estate S rgeant \ 'J-D , Ck. 55 '7 cV ~ /<g39~~ "tl. , ABN AMRO MORTGAGE GROUP, INC. ,-. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. STEVE R. AULENBACBER aIkIa STEVE R. ALENBACBER CIVIL DIVISION NO. 06-154 CIVIL TERM Defendant(s ). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO MORTGAGE GROUP. INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .24 SOUTH EAST STREET. CARLISLE. P A 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE R. AULENBACHER aJkIa STEVE R. ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. .. , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 24 SOUTH EAST STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 21. 2006 DATE 'SY~JL1~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff 110 :E d I1Z 93j QOOl \I'd ')"lhnO;'i Uf~V IdJ8hillJ ,:L:J1~3HS 3Hl ..:10 3::JI;jjO , , ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 06-154 CIVIL TERM STEVE R. AULENBACHER aIkIa STEVE R. ALENBACHER Defendant(s). February 21.2006 TO: STEVE R. AULENBACHER a/k1a STEVE R. ALENBACHER 24 SOUTH EAST STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR A'ITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A liEN AGAINST PROPERTY. ** Your house (real estate) at ~ 24 SOUTH EAST STREET ~ CARLISLE~ P A 17013~ is scheduled to be sold at the Sheriffs Sale on JUNE 7~ 2006 at 10:00 a.m. in the Cumberland County Courthouse. South Hanover Street. Carlisle, P A 17013, to enforce the court judgment of 557 ~401.68 obtained by ABN AMRO MORTGAGE GROUP~ INC. (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , DESCRIPTION ALL THAT CERTAIN lot of ground, together with the improvements thereon, situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, according to a survey made by Thomas A. Neff, R.S., on February 8, 1966: BEGINNING at a point on the West side of South East Street, at comer of property now or formerly of Arthur T. Wallace, et UX., said point being marked with an 'X' in the concrete sidewalk; thence along the West side of South East Street South 13 degrees 40 minutes West 17.25 feet to a point at the comer of property now or formerly of Robert L. Hartzell, said point also being marked with an 'X' in the concrete sidewalk; thence along said property now or formerly of Robert L. Hartzell and through the center line of a partition wall North 76 degrees 20 minutes West 60 feet to a post on line of property now or formerly of Jane Snead; thence along said Snead property North 13 degrees 40 minutes East 17.25 feet to a point at comer of property now or formerly of the said Arthur T. Wallace, et UX., said point being marked with a tack in a fence; thence along said Wallace property and through a three feet wide passageway South 76 degrees 20 minutes East 60 feet to a point, the place of BEGINNING. CONT AINlNG 17.25 feet in front on South East Street and extending in depth at a uniform width for a distance of 60 feet. BEING known and numbered as 24 S. East Street, Carlisle, Pennsylvania. BEING the same premises which Leah C. Salisbury, a widow, by Deed dated April 7, 1994, and recorded in the Office of the Recorded of Deeds of Cumberland County Pennsylvania, in Deed Book 103, Page 820, granted and conveyed unto Marlin K. Stahl and Myrna J. Stahl, husband and wife, grantors herein. Being Parcel # 03-21-0318-017 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Steven R. Alenbacher, a single person, by Deed from Marlin K. Stahl and Myrna J. Stahl, husband and wife, dated 4-20-01, recorded 4-23-01 in Deed Book 243, page 199. PREMISES BEING: 24 SOUTH EAST STREET, CARLISLE, P A 17013 SO :( d III 911 qOOZ \fd 'AHU1U:) uti iilUJm~ilJ .:HIB3HS 3Hl .:10 381.:l.:l0 WRIT OF EXECUTION an~/or ATTACHMENT , COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-154 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO Mortgage Group Inc. Plaintiff (s) From Steve R. Aulenbacher a/k/a Steve R. Alenbacher (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description of property, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $57,401.68 L.L.$.50 Interest from 2/21/06 to June 7, 2006 (per diem - $9.44) $1,000.64 and Costs Atty's Comm % Due Prothy $1.00 Arty Paid $114.40 Plaintiff Paid Date: February 23, 2006 Other Costs CURTIS R. LONG (Seal) Prothonotary _ By: ?h1~ ~ k JVk. 95 Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburb~n Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 1-800-990-9108 Supreme Court ID No. Real Estate Sale # 56 On March 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A Carlisle, more fully described on Exhibit "A" ~ c:;:i ~ C! (Pi Known and numbered as 24 South East Street, filed with this writ and by this reference incorporated herein. Date: March 02, 2006 By: \J C cL~ .SWlC( ~ Real Estate Sergeant 110 :[ d I1Z 911 qaal V'd 'Alk(WJ (jl~ V 163aWfiJ .:fJI~3HS 3Hl JO 3::11 J.:fO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOT AFH l SEAL lO!S E. 3"i'!DFR, Notary Public I.. . Ci/:slc' l3i%, Cumberla.nd. County f Mv March 5. 2009 tw~.d.olMB'1 REAL ESTATE SALE NO. 56 Writ No, 2006-154 Civil ABN Amro Mortgage Group, Inc, vs, Steve R. Aulenbacher a/kl a Steve R. Alenbacher Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground. together with the improve- ments thereon. situate in the Sec- ond Ward of the Borough of Carlisle, Cumberland County. Pennsylvania. bounded and described as follows, according to a survey made by Tho- mas A, Neff, R.S., on February 8, 1966: BEGINNING at a point on the West side of South East Street. at comer of property now or formerly of Arthur T. Wallace, et UX,' said point being marked with an 'X' in the concrete sidewalk: thence along the West side of South East Street South 13 degrees 40 minutes West 17.25 feet to a point at the comer of property now or formerly of Rob- ert L, Hartzell, said point also being marked with an 'X' in the concrete sidewalk; thence along said prop- erty now or formerly of Robert L. Hartzell and through the center line of a partition wall North 76 degrees 20 minutes West 60 feet to a post on line of property now or formerly of Jane Snead; thence along said Snead property North 13 degrees 40 minutes East 17.25 feet to a point at comer of property now or formerly of the said Arthur T. Wallace, et ux,. said point being marked with a tack in a fence; thence along said Wallace property and through a three feet wide pas- sageway South 76 degrees 20 min- utes East 60 feet to a point. the place of BEGINNING. CONrAINING 17.25 feet in front on South East Street and extending in depth at a uniform width for a d1stance of 60 feet, BEING known and numbered as 24 S. East Street, Carlisle. Penn- sylvania, BEING the same premises which Leah C, Salisbury, a widow, by Deed dated April 7. 1994. and re- corded in the Office of the Recorded of Deeds of Cumberland County Pennsylvania, in Deed Book 103. Page 820, granted and conveyed unto Marlin K. Stahl and Myrna J, Stahl, husband and wife, grantors herein, Being Parcel # 03-21-0318-017 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Steven R. Alenbacher, a single person, by Deed from Mar- lin K. Stahl and Myrna J, Stahl, husband and wife. dated 4-20-01, recorded 4-23-01 in Deed Book 243, page 199. PREMISES BEING: 24 SOUTH EAST STREET, CARLISLE. PA . 'I' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COpy S ALE #56 . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013