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HomeMy WebLinkAbout06-1981PHELAN 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 (21$) $63-7000 133393 JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1 4828 LOOP CENTRAL DRNE HOUSTON, TX 77081-2226 v. STEVE R. AULENBACHER CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION Plaintiff TERM r, NO.OC~ - I QO I ~ GuoC~~~ CUMBERLAND COUNTY Defendants 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 afrer 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. Lawyer Referral Service Cumberland CounTy Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133393 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 FOR 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 ANSWER 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. File #: 133393 Plaintiff is JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1 4828 LOOP CENTRAL DRNE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are_ STEVE R. AULENBACHER CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/19/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WILMINGTON FINANCE, A DNISION OF AIG FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1838, Page: 1780. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2005 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. Fiie #: 133393 6. The following amounts are due on the mortgage: Principal Balance $64,795. 00 Interest 2,606. 78 10101!2005 through 04!05!2006 (Per Diem $13.94) Attorney's Fees 1,250 .00 Cumulative Late Charges 118 .20 09/19/2003 to 04/05/2006 Cost of Suit and Title Search $ 550 .00 Subtotal $ 69,319 .98 Escrow Credit 0.00 Deficit 561.32 Subtotal $ 561.32 TOTAL $ 69,881.30 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. ]0. This action does not come under Act 9 of 1983 because the mortgage premises is nto the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 69,881.30, together with interest from 04105!2006 at the rate of $13.94 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 & SCHMhEGp, LL/P,~ By: /slFrancis 5. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLEQAN, ESQUIRE Attorneys for Plaintiff File N: 133393 LEGAL DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. File#: 133393 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure aze based upon information supplied by Plaintiff and aze true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ~~~~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: v 'I("~^ t ,r - 'V V^^l `W I n~r `~~ lu i °y„ ~.~.~. J1 V (t t ~ t, ~ ~ ~~ .. ,'y~y 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 1215) 563-7000 JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081 v. Plaintiff, NO. COUNTY vIMON PLEAS STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FO FAILURE TO TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEVE R. AULENBACHER and CAROL ANN AULENBACHER, Defend t(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for oreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/6/06 to 5/23/06 TOTAL I hereby certify that (1) the addresses of the Plaintiff and De (2) that notice has been given in accordance with Rule 237.1, copy DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~UC~ PRO 1,881.30 $655.18 are as shown above, and CIVIL DIVISION PHELAN HALLINAN & SCHMIEG, LLP `By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PL Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 1215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE-SURF : COURT OF COMMON 2004-BCl Plaintiff V s. STEVE A. AULENBACHER CAROL ANN AULENBACHER Defendants TO: STEVE A. AULENBACHER 26 SOUTH EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: MAY 2.2006 CIVB. DIVISION CUMBERLAND NO. 06-1981 CNIL ~~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE ERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS ORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO CO LECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE LOUR YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU A T WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU ITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF OU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CA PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA ON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 I S. HALLINAN, ESQUIRE for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP • ~ By: Lawrence T. Phelan, Esq., [d. No. 32227 ATTORNEY FOR PL Francis S. Hallman, Esq., [d. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE-SURF : COURT OF COMMON 2004-BCl Plaintiff :CIVIL DIVISION Vs. STEVE A. AULENBACHER CAROL ANN AULENBACHER Defendants CUMBERLAND NO. 06-1981 CIVIL TEN TO: CAROL ANN AULENBACHER 26 SOTH EAST STREET CARLISLE, PA 17013 DATE OF NOTICE: MAY 2.2006 FILE C~PY THIS FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE ERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WII,L BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,THIS ORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO CO LECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR' OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU A DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU P MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CA INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TI REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC] 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 /RITTEN APPEARANCE YOUR DEFENSES OR T WITHIN TEN DAYS FROM THE THOUT A HEARING AND YOU OU DO NOT HAVE A LAWYER, PROVIDE YOU WITH E ABLE TO PROVIDE YOU WITH ELIGIBLE PERSONS AT A . S. HALLINAN, ESQUIRE for Plaintiff (Rule of Civil Procedure No. 236) - IN THE COURT OF COMMON PLEAS OF CIVIL ACTION -LAW JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl 4828 LOOP CENTRAL DRIVE Plaintiff, v. COUNTY, PENNSYLVANIA CUMBE AND COUNTY COURT OF COMMON PLEAS CIVIL, >7~IVISION NO. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). Notice is given that a Judgment in the above-captioned matter has ~~ ~ 200 (e. By: If you have any questions concerning this matter, please contact: ONE PENN C 1617 JOHN F (215)563-7000 entered against you on ER AT SUBURBAN STATION JNEDY BLVD., SUITE 1400 PA 19103-1814 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREY USLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CO SPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, B ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG IdentiTication No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215 56'7000 ATTORNEY~FOR PLAINTIFF JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl CUMBE AND COUNTY 4828 LOOP CENTRAL DRIVE COURT F COMMON PLEAS CIVIL D Plaintiff, v, N0.06-1 STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he ha knowledge of the following facts, to wit: I (a) that the defendant(s) is/are not in the Military or N ual Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and S Tors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVE R. AULENBACHER is ver 18 years of age and resides at , 24 SOUTH EAST STREET, CARISLE, PA 17013 . (c) that defendant CAROL ANN AULENBACHER s over 18 years of age, and resides at, 24 SOUTH EAST STREET, CARISLE, PA 1701 . This statement is made subject to the penalties of 18 P~. C.S. Section 4904 relating to unswom falsification to authorities. /~- ~~u-~ U ~, W ~hvry V C.~: -c r s ~.~~ r~_ ./ N G=~ G%~ O~ .-G N W 4.) L: ~ x rn~ q~ 1 _7~ fir'; T.-~",~ ,'- j ~1 :'..; PRAECIPE FOR WRIT OF EXECUTION - P.RC.P. 3180-: JPMORGAN CHASE BANK, AS TRUSTEE-SURF. 2004-BCl Plaintill, . v. STEVE R AULENBACHER CAROL ANN AULENBACHER Defendant(s). No. 06-1981 j FORECLOSURE) TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:, Issue writ of execution in the above matter: Amount Due Interest from 5/23/06 to 9/6/06 (per diem -$10.76) TOTAL Add'1 fees 65 450.18 $1 140.56 and Costs $65,450.18 _ $ 166.50 1~1 TJEL G. SCH IEG, One Penn C ter t Subui 1617 John F. edy Bc Philadelphia, PA 19103-] Attorney for Plaintiff Note: Please attach description of property.No. 03-21-0318-016 Suite 1400 814 IMPORTANT NOTICE: This property is sold at th~ direction of the plaintiff. It may not be sold in the absence f a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of t e plaintiff is not present at the sale. d WO ~ H d ,, W D Q CW ~ U ~ 7" ~ ~7.. 'a' ~ ~N GTa 0 0 ~`~ n' d,~ `~ U 'Z' d O a C' d~ GL. F ~ '~ r'' V ~ Cif ~ y. ~ t_ U ~ ` JC M ' ~~_ ~, _ .: a .~ ~ U N W ~~ x d~ W W wa a ~ ~' ~a H ~ U O ,. ~ o O ~, ~w 3~ 0 O a~ U a ~~ ~. o o r r r, ~ ~ d a, a ~~ ~~ ~~ ~~ ~ ~ '~ H .~ ~ ~ v ~ ~ OQ N N '~ d W w ... M1 ~_ _~ d` (hy , ~ ~t,~, ~ v, ~ ,s ~ ~ ~'°" Zs s _.. --~. n~ -.. -... .... ,~ s ~~ o. a v ~ ~ °~` t "! ~. ~ ~ ~~ ~ ~ ~ ,- -, DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with th improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of~umberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by ] Park; on the West by land now or formerly of the Smead heirs; on the Nc Frank Peter. Containing in front on South East Street seventeen (17) feet extending in depth sixty (60) feet, more or less, to said land now or form Having thereon erected a two and one-half story brick dwelling house an known as 26 South East Sheet. BEING the same property which Virginia R. Russell, single won September 24, 1993 and recorded in the Office of the Recorder of Deeds County in Deed Book 0-36, Page 667, granted and conveyed unto Carol herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 Premises: 26 South East Street, Carlisle, PA 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carol Ann Aulenbacher as Joint Tenants with the Right of Survivorship, by Deed from Carol tU woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844. now or formerly of John h by lot now or formerly of vee(03)inches,and ly of the Smead heirs. other improvements, y by deed dated and for Cumberland m Aulenbacher, Grantor d Steven R. Aulenbacher, Aulenbacher, single WRIT OF EXECUTION and/or COMMONWEALTH OF PENNSYLVANIA) NO COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE B. 2004-BCl, Plaintiff (s) From STEVE R. AULENBACHER AND CAROL ANN AULENBA (1) You aze duected to levy upon the property of the defendant (s)and to DESCRIPTION. (2) You are also duetted to attach the property of the defendant(s) not le of GARNISHEE(S) as follows: and to notify the garnishee(s) that. (a) an attachment has been issued; (b) the ~ paying any debt to or for the account of the defendant (s) and from delivering (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment i of anyone other than a named garnishee, you aze duetted to notify him/her th garnishee and is enjoined as above stated. Amount Due $65,450.18 L.L. $.50 Interest FROM 5!23106 TO 9/6106 (PER DIEM - $10.76) - $1,140.56 A Atty's Comm °!° Due Prothy $1.00 Atty Paid $162.40 Othet Costs ADD'L Plaintiff Paid ~~ , • ~ Date: MAY 23, 2006 ~ ~(,. , (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 1981 Civil CIVIL ACTION -LAW AS TRUSTEE-SURF SEE LEGAL upon in the possession shee(r) is enjoined from property of the defendant found in the possession he/she has been added as a COSTS - $2166.50 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 JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl Plaintiff, v. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). ATTORNE~' FOR PLAINTIFF CUMBERiLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. Oti-1981 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies ~ the above-captioned matter, and that the premises are not subject to because it is: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled t he is attorney for the Plaintiff in provisions of Act 91 This certification is made subject to the penalties of 18 Pa. C.S. fiection 4904 relating to unsworn falsification to authorities. 'i SCHMIEG, Plaintiff '~ N o O - C ,~ n C d ~, Ty r ~~ G t T ~ . . ~~ Q ~ 'J{'" ~,. `> ~=y . r _~ .. ~r . r .. ~ ~ JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl CUMBE Plaintiff, COURT v. . CIVIL I STEVE R. AULENBACHER CAROL ANN AULENBACHER N0.06-1 Defendant(s). COUNTY COMMON PLEAS AFFIDAVIT PURSUANT TO RULE $129 (Affidavit No. l) JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl, attorney, DANIEL G. SCHMIEG, ESQUIIiE, sets. forth as of the d. Execution was filed the following information concerning the real 1 EAST STREET, CARISLE, PA 17013 . aintiff in the above action, by its the Praecipe for the Writ of perty located at 24 SOUTH 1. Name and address of Owner(s) or reputed Owner(s): Name LastKnown Address ~if address cannot be reasonably ascertaine ,please indicate) STEVE R. AULENBACHER 24 SOUTH EAST CARISLE, PA 171 CAROL ANN AULENBACHER 24 SOUTH EAST CARISLE, PA 171 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose property to be sold: Name Last Known reasonably a is a record lien on the real (if address cannot be i, please indicate) None I 4. Name and address of last recorded holder of every mortgage of rec~rd: Name Last Known Addres (if address cannot be reasonably ascertain d, please indicate) None ~ 5. Name and address of every other person who has any record lien ode the property: Name Last Known Addres& (if address cannot be reasonably ascertaiTyed, please indicate) None 6. Name and address of every other person who has any record intere~t in the property and whose interest maybe affected by the sale. Name. Last Known Addre (if address cannot be reasonably ascertai ed, please indicate) None 7. Name and address of every other person of whom the plaintiff has the property which maybe affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known reasonably a 24 SOUTH EAST CARISLE, PA 1; 13 North Hanover Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 1 who has any interest in (if address cannot be d, please indicate) I verify that the statements made in this affidavit are true and c nect to the best of my personal knowledge or information and belief. I understand that false stateme is herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to uthorities. /- May 22, 2006 ~`> DATE D AIIEL G. ttornev for Y C `~' T T i 1~1 {- 7' ` ' Y.. ~ rj ' C ~ ~ v : ~ C .~} w ~: r>> . ' .. ' 1 ,. , - - t ' y r jCtt `• ~ m` = ~:w ~ JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl Plaintiff, v. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant{s). c UMBER~.AND COUNTY No. 06-198U May 22, TO: STEVE R. AULENBACHER CAROL ANN AULEN ACHER 24 SOUTH EAST STREET 24 SOUTH EAST ST ET CARISLE, PA 17013 CARISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A EBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF 1'OU HAVE PREVIOUSL RECEIVED ADISCHARGE /N BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT ANDS OULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN GAINST PROPERTY. Your house (real estate) at 24 SOUTH EAST STREET CA SLE PA 17013 is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a.m. in the Cumberlan County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 65 450.18 obtained by JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sal in compliance with Pa.R.C.P., Rule 3129.3. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take 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 ow much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition a~king the Court to strike or open the judgment, if the judgment was improperly entered. Y u 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. ~J You may need an attorney to assert your rights. The sooner yo~ contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sod to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale i~the bid price was grossly inadequate compazed to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff ~he full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. i 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 ount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that tune, the buyer ma bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was distribution of the money bid for your house will be filed by the Sl schedule will state who will be receiving that money. The money this schedule unless exceptions (reasons why the proposed distribr Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE] BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE IMPORTANT NOTICE: This property is sold at the direction postponed or stayed in the event that a representative of the CUMBERLAND COUNTY ATTORNEY CUMBERLAND COUNTY BAR ASSC 2 LIBERTY AVENUE CUMBERLAND COUNTY COURT CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 I for your house. A schedule of f within 30 days of the sale. This be paid out in accordance with is wrong) are filed with the your home back, if you act IF YOU DO NOT HAVE THE OFFICE LISTED the plaintiff. It may not be sold Sale. The sale must be aintiff is not present at the sale. ALL THAT CERTAIN messuage and lot of land together with th improvements thereon erected, situate in the Second Wazd of the Borough of Carlisle, County of umberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street;. on the South by 1 Park; on the West by land now or formerly of the Smead heirs; on the Nc Frank Peter. Containing in front on South East Street seventeen (17) feet extending in depth sixty (60) feet, more or less, to said land now or form Having thereon erected a two and one-half story brick dwelling house an known as 26 South East Street. BEING the same property which Virginia R. Russell, single won September 24, 1993 and recorded in the Office of the Recorder of Deeds County in Deed Book 0-36, Page 667, granted and conveyed unto Carol herein. PARCEL IDENTIFICATION NO: 03-Z I-0318-016 Premises: 26 South East Street, Carlisle, PA 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carol Ann Aulenbacher as Joint Tenants with the Right of Survivorship, by Deed from Carol A woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844. t now or formerly of John th by lot now or formerly of vee (03) inches, and ly of the Smead heirs. other improvements, i, by deed dated and for Cumberland m Aulenbacher, Grantor d Steven R. Aulenbacher, Aulenbacher, single w T ~ C ~ ::~• f i ~: ~ ~ - {{ ,, . _ -ti Fll~ 1`+3 '~ C W ~ 7 L. j (J ~..: -` y ___ i•C o ;gym _: ( `-J cSt w AFFIDAVIT OF SERVICE P I ,AINTIFF JPMORGAN CIIASE BA CUMBERLAND COUNTY NK, AS TRUSTEE- SURF 2004BC1 No. 06-1981 DEFENDANT(S) STEVE R. AULENBACHER ACCT. #133393 CAROL ANN AULENBACHER Type of Action SP;RVE CAROL ANN AULENBACHER AT - Notice of Sheriff s Sale 24 SOUTH EAST STREET CARISLE, PA 17013 Sale Date: 9/6/Oti SERVED & ved andm?ade known to ~Q r o I .Qn n At, ~ t n Q~t C ti eP, Defendant, on the Z ~ day of itit ay 2000 at J + S f ,o'clock~.m., at 2.4 Sbc+ f h pQSt S~: ommonwealth of Pennsylvania, in the manner described~below: '~ ' _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Name and Relationship is ~`~~ S 4and _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. _ ManagertClerk of place of lodging in which Defendant(s) reside(s). _ -Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agenyo~ o Height St9N Weight 2oe~ Race}g,LSex /l Other I, ~ Gv r~ ~ QO6 ert S , a competent adult, being duly sworn according to law, depose and state that I pe ~ sonally handed a true and cortect copy of the Notice of Sheriff s Sale in the mammer as set forth herein, issued in the ca.uioned case on the date and at the address indicated above. S~• om to and sub~tbed be~or us -(~L day !1 N~ tary; ~~~ Bye ,Dr c~./r 7~- %~ i~~~ ~ 1'1.009 L A E TTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Or the day of , 200_, at o'clock _.m, Defendant NOT FOUND because: _ _ Moved Udmown _ No Answer 1" Attempt: / / Time: Vacant 2"d Attempt: / / Time: 3rd Attempt: 1 / Time: Sworn to and subscribed befixe me this _ day of .200 _. Notary: gy; Attoraev for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 r; o (') µ. -Y} C:" ,_.t i j .._ -t7 ~.,. ' . ) ~ ~, G^. i t'{ y ~~st :. `> AFFIDAVIT OF SERVICE Ii1.AINTIFF JPMORGAN CHASE BANK, AS TRUSTEE- . SURF 2004BC1 DEFENDANT(S) STEVE R AULENBACHER CAROL ANN AULENBACHER - SERVE STEVE R. AULENBACHER AT 24 SOUTH EAST STREET CARISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-1981 ACCT. #733393 Type of Action -Notice of S6erifl's Sale Sale Date: 9/6/06 Served and made known to S~cve. R- ~k ICab4fker Defendant, on the Z- ~ day oC~, 200, at~ o'clock ~m., at ~- L' .$orr d h e4 d>4 .S'~. .Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendan[(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agenko-d'o Height.S•~4H Weight 2~ Rate t~Sex /`~ Other [, ~ Qv t~ ~ ILO 6 t ~hS , a competent adult,being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. BY ely gi..pJ 7~0 LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the _ day of , 200_,_, at Moved ` Unlmown _ No Answer 1~` Attempt: / / Time::~` o'clock _.m., Defendant NOT FOUND because: ,Vacant 2nd Attempt: ! ! Time: 3rd Attempt: ! / Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~5 ~3 Sworn to and subscribed n ~ c~ r- ,~, ~:r, -~, T <_ .~ ~x~ _ O ~ _~ Lf~Y ~~ l ~~` ~Y ;.fir `+a ~ "` -• CASE N0: 2006-01981 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS AULENBACHER STEVE R ET AL VALERIE WEARY 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 the DEFENDANT at 1913:00 HOURS, on the 10th day of April 2006 at 24 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments ANN WAS AT 26 WHEN Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and d"11910 4 Subscr/ikkffed n t6666 before me this day of A.D. So Answers: ~~ R. Thomas Kline 04/11(2006 PHELAN HALLINAN SCHMIEG By: Deputy S eriff Prothonotary , ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01981 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS AULENBACHER STEVE R ET AL VALERIE WEARY 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 CAROL ANN the DEFENDANT at 1913:00 HOURS, on the 10th day of April 2006 at 24 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 26 SOUTH EAST STREET Sheriff's Costs: So Answers: Docketing 6.00 ~~~-~~~~ Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 04/11/2006 PHELAN HALLINAN SCHMIEG 5~14`G L ~... Sworn and Subscribed t before By: , me this day of Deputy Sh iff A.D. Prothonotary CASE N0: 2006-01981 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS AULENBACHER STEVE R ET AL VALERIE WEARY 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 the DEFENDANT at 1913:00 HOURS, on the 10th day of April 2006 at 26 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs: Docketing 6.00 Service .QO Affidavit .00 Surcharge 10.00 .oo 16.00 S/~9/~~ Sworn and Subscribed to before me this day of A.D. So Answers: ~~. ~~.~ R. Thomas Kline 04/11/2006 PHELAN HALLINAN SCHMIEG By ; -- //, l/~// / Deputy eriff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01981 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS AULENBACHER STEVE R ET AL VALERIE WEARY Cumberland County,Pennsylva says, the within COMPLAINT AULENBACHER CAROL ANN DEFENDANT at 1913:00 Sheriff or Deputy Sheriff of nia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 10th day of April 2006 at 26 SOUTH EAST STREET CARLISLE, PA 17013 by handing to CAROL AULENBACHER 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: So Answers: Docketing 6.00 Service , 00 ~,r~~ ~~f~~ Affidavit .00 ~ ~~`` ~>s~' Surcharge 10.00 R. Thomas Kline .00 16.00 04/11/2006 PHELAN HALLINAN SCHMIEG ~~~9~6~ Sworn and Subscribed o before By: ~ ~~ / me this day of Deputy eriff A.D. Prothonotary ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CAA5E BANK, AS TRUSTEE -SURF 2004-BCl CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION STEVE R AULENBACHER N0.06-1981 CAROL ANN AULENBACHER ' Defendant(s). ; AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHM~G, ESQUIRE, attorney for JPMORGAN CHASE BANK, AS TRUSTEE - SURF 2004-BCl hereby verifies that on MAY 24, 2006 tree and correct copies of the Notice of Sheriff s Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. ~~ D IEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 25, 2006 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 olaintfl 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. ~ ~ fi0 LB t 31100df2 WOtld 0311VW .. gonz.vz xvw szeaosoooa o~•~ g vc zo ~~~ ~'~ M o w a N o a °z 6 o ~ ~ a ~ a a ~ ~n gg S ~' Q .-a 7 ~ y~ 7 ~ LL ~N+ ~ F g~a ~ ~ i ~ 4 ~ ~~.~ ~~~ ~ ` a ' ~ t o~~ ~` ° ~ " p A ~ F a . w !'~.: ~ ~~r~ N ~•g S8~Y G. -~.: ~ .~~ 8 ~_ t ~~ d ~~ ~~ _~ y ~ ~ ~" N m O N i0 (~ a0 .q ~~ ^ N m V Vf ~~ za$ ~~ ....~~ s~ 8 .~~~ .~~~ ~~. ~ ~~ 8 r g ~g s ~. ~ r.> _ rr ~1 _ "° r ~ - " ; °~ `? ' h;~ : '^i __ ~ • ; = -2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which JP Morgan Chase Bank Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 23rd day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1981, at the suit of JPmorgan Chase Bank Tr against Steve R Aulenbacher & Carol Ann is duly recorded in Deed Book No. 276, Page 3787. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~~ day of A.D. v~ ~, _ of Deeds ~dK pf'De~k, CauN~-, CMiIN. PA MyCbm~bn rwFbtMoidgd~Ml-~10 .~t JP Morgan Chase Bank asTrustee-Surf 2004-BC 1 The Court of Common Pleas of VS Cumberland County, Pennsylvania Steve R. Aulenbacher and Cazol Ann Aulenbacher Writ No. 2006-1981 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2006 at 2:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff s Sale and Description, in the above entitled action, upon the within named defendants, to wit: Steve R. Aulenbacher and Carol Ann Aulenbacher by making known unto Carol Ann Aulenbacher, wife of Steve R. Aulenbacher, personally at 26 South East Street, Cazlisle, Cumberland County, Pennsylvania, its contents and at the same time handing her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2006 at 1:31 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steve R. Aulenbacher and Carol Ann Aulenbacher, located at 24 South East Street, Cazlisle, Pennsylvania 17013 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steve R. Aulenbacher and Carol Ann Aulenbacher, by regulaz mail to their last known address of 26 South East Street, Cazlisle, Pennsylvania 17013. This letter was mailed under the date of June 26, 2006 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for JP Morgan Chase Bank, as Trustee- 5urf 2004-BC1. It being the best and highest bid, JP Morgan Chase Bank, asTrustee- Surf 2004-BC 1, of 4828 Loop Central Drive, Houston, TX 77081 being the buyer in this execution, paid to Sheriff R. 'Thomas Kline the sum of $891.18. Sheriffs Costs: Docketing $30.00 Poundage 17.47 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Levy 15.00 t ~~ Surchazge 30.00 Law Journal 347.00 Patriot News 287.60 Share of Bills 19.31 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 891.18 So Answe '`„zP R. Thomas Kline, Sheriff BY ~.~oc Real Estat ergeant ~' ~'`" 3 a ~~ r~ 5 ~ s~y~~ ~~. 1 P.~9~r1 '~ ,1s- ! JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004BC1 Plaintiff, v. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-1981 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1, Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, 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, CARISLE, PA 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 CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, PA 17013 24 SOUTH EAST STREET CARISLE, PA 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County 24 SOUTH EAST STREET CARISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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. /~" May 22, 2006 DATE D ~ IEL G. CH1V Atiornev for lainti JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl Plaintiff, v. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). TO: STEVE R. AULENBACHER 24 SOUTH EAST STREET CARISLE, PA 17013 CUMBERLAND COUNTY . No. 06-1981 . May 22, 2006 CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, PA 17013 * *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 BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED; THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT OIVLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 24 SOUTH EAST STREET, CARISLE, PA 17013 is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a.m..infhe Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,450.18 obtained by JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl (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 tike immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorne~+'s fees clue. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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.) 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 maybe 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. 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 maybe 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 -fled. 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 theplainfiff 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, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with. the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, hounded and described as follows: BEGINNING on the East by South East Street;. on the South by lot now or formerly of John Park; on the West by land now or. formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 Premises: 26 South East Street, Carlisle, PA 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES I5 VESTED IN Carol Ann Aulenbacher and Steven R. Aulenbacher, as Joint Tenants with the Right of Survivorship, by Deed from Carol Ann Aulenbacher, single woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1981 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1, Plaintiff (s) From STEVE R. AULENBACHER AND CAROL ANN AULENBACHER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,450.18 L.L. $.50 Interest FROM 5/23106 TO 9/6/06 (PER DIEM - $10.76) - $1,140.56 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $162.40 Other Costs ADD'L FEES - $2166.50 Plaintiff Paid GL' Date: MAY 23, 2006 C TIS R. L" NG Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Real Estate Sale # 58 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 24 South East Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: Real Estate Sergeant Z S `£ d h Z d dW 9QOl 'r ~~1~3i-~S wl-1.i Jn 3~1~.~U O .~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Commonwealth 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 ......................... .. .. ~~l!'~ ............................ COPY Sworn to and sub cri ed of re me t~~~'IPEl~V511LVANIA S A 1/ 1; #58 Notarial Seal Terry L Russell, Notary Public City Of ~ Dauph' County MY Comm. Expi 6, 2010 /Maei6e~ Perna aniaA anon of Nottirie~ PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 u xn! A :f }- l•p ~..~ I~.e ~ ~~• PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: July 21, July 28, and August 4, 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. -_.._~ Li Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAL SEAL ~ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ~fTA1'Z t~Aii XO. ~6 Writ No. 2006-1981 Civil ' JP Morgan Chase Bank, as Trustee-Surf 2004-BCI vs. Steve R. Aulenbacher and Carol Ann Aulenbacher Atty.: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN messuage and lot of Iand together with the improvements thereon erected, situ- ate in the Second Wazd of the Bor- ough of Carlisle, County of Cumber- land, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Pazk; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and con- veyed unto Cazol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 Premises: 26 South East Street, Carlisle, PA 17013, Carlisle Bor- ough-2nd Ward, Cumberland County Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carol Ann Aulenbacher and Steven R Aulenbacher, as Joint Tenants with the Right of Survivor- ship, by Deed from Carol Ann Aulenbacher, single woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which IP Morgan Chase Bank Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 23rd day of May, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 1981, at the suit of JPmorgan Chase Bank Tr against Steve R Aulenbacher & Carol Ann is duly recorded in Deed Book No. 276, Page 3787. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this d Iff- day of J~~ ' A.D. cJtfO?' 'f JP Morgan Chase Bank as Trustee-Surf2004-BCl The Court of Common Pleas of VS Cumberland County, Pennsylvania Steve R. Aulenbacher and Carol Ann Aulenbacher Writ No. 2006-1981 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14,2006 at 2:59 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Steve R. Aulenbacher and Carol Ann Aulenbacher by making known unto Carol Ann Aulenbacher, wife of Steve R. Aulenbacher, personally at 26 South East Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2006 at 1 :31 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steve R. Aulenbacher and Carol Ann Aulenbacher, located at 24 South East Street, Carlisle, Pennsylvania 17013 according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steve R. Aulenbacher and Carol Ann Aulenbacher, by regular mail to their last known address of26 South East Street, Carlisle, Pennsylvania 17013. This letter was mailed under the date of June 26, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for JP Morgan Chase Bank, as Trustee- Surf2004-BCl. It being the best and highest bid, JP Morgan Chase Bank, as Trustee- Surf2004-BCl, of 4828 Loop Central Drive, Houston, TX 77081 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$891.18. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy $30.00 17.47 15.00 15.00 30.00 10.00 .50 1.00 8.80 15.00 'y Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 347.00 287.60 19.31 25.00 39.50 $ 891.18 / /o/,,~/o <i ~ /'~/~ . . R. Thomas Kline, Sheriff ByJD~ Real Estat ergeant ~0 5D 6V /. ~~ Ck. 5 s'tf.., f i20-, I yo 3 9L-t/ .. -",--I. I JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVE R. AULENBACHER CAROL ANN AULENBACHER NO. 06-1981 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 , (Affidavit No. 1) JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, 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. CARISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Own~r(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE R. AULENBACHER 24 SOUTH EAST STREET CARISLE, P A 17013 CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, 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 L.ast 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 CARISLE, 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, 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 22, 2006 DATE ./ , JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BCl CUMBERLAND COUNTY Plaintiff, No. 06-1981 v. STEVE R. AULENBACHER CAROL ANN AULENBACHER Defendant(s). May 22, 2006 TO: STEVE R. AULENBACHER 24 SOUTH EAST STREET CARISLE, P A 17013 CAROL ANN AULENBACHER 24 SOUTH EAST STREET CARISLE, 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. ** Your house (real estate) at, 24 SOUTH EAST STREET, CARISLE. PA 17013 is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a.m..in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $65,450.18 obtained by JPMORGAN CHASE BANK, AS TRUSTEE-SURF 2004-BC1 (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 tflk~ 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 que. 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, ifthe 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. . . 1 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 SA VEYOUR 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. 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 tha! tiII1e, 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 messuage and lot of land together with the improvements thereon erected, situate in the Second Ward of the Borough of Carlisle, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36, Page 667, granted and conveyed unto Carol Ann Aulenbacher, Grantor herein. PARCEL IDENTIFICA nON NO: 03-21-0318-016 Premises: 26 South East Stieet, Carlisle, P A 17013 Carlisle Borough-2nd Ward, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carol Ann Aulenbacher and Steven R. Aulenbacher, as Joint Tenants with the Right of Survivorship, by Deed from Carol Ann Aulenbacher, single woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE-SURF NO 06-1981 Civil CIVIL ACTION - LAW 2004-BC1, Plaintiff (s) From STEVE R. AULENBACHER AND CAROL ANN AULENBACHER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 $65,450.18 L.L. $.50 Interest FROM 5/23/06 TO 9/6/06 (PER DIEM - $10.76) - $1,140.56 AND COSTS Arty's Corom % Due Prothy $1.00 Atty Paid $162.40 Other Costs ADD'L FEES - $2166.50 Plaintiff Paid C~SR.L · Date: MAY 23,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 Real Estate Sale # 58 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, P A Known and numbered as 24 South East Street, Carlisle, more fully described on Exhibit" A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: Real Estate Sergeant zs :[ d IlZ AVH qaal ';;'-j "1" d .-', '- /\ UI iU,) Iii: ',.;, " :1:11~3HS 3Hl' JO 3J/~jct & o 4.1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Commonwealth 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 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 #58 .J. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 .,_.'~- "AI' nlt .... ef~......... by Deed ........ ..... ............ ~illWloek '1S7.,. L . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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 4 day of August. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5. 2009 t.-~::MWIPI'f~ J'I ""irP~"I':J'V'--~ REAL BSTATIt &.\LIt NO. 58 Writ No. 2006-1981 Civil JP Morgan Chase Bank, as Trustee-Surf 2004-BCI vs. Steve R. Au1enbacher and Carol Ann Aulenbacher Atty.: Daniel G. Schmieg DESCRIPTION ALL THAT CERTAIN messuage and lot of land together with the improvements thereon erected, situ- ate in the Second Ward of the Bor- ough of Carlisle, County of Cumber- land. State of Pennsylvania. bounded and described as follows: BEGINNING on the East by South East Street; on the South by lot now or formerly of John Park; on the West by land now or formerly of the Smead heirs; on the North by lot now or formerly of Frank Peter. Containing in front on South East Street seventeen (17) feet three (03) inches, and extending in depth sixty (60) feet, more or less, to said land now or formerly of the Smead heirs. Having thereon erected a two and one-half story brick dwelling house and other improvements, known as 26 South East Street. BEING the same property which Virginia R. Russell, single woman, by deed dated September 24, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 0-36. Page 667, granted and con- veyed unto Carol Ann Aulenbacher. Grantor herein. PARCEL IDENTIFICATION NO: 03-21-0318-016 Premises: 26 South East Street, Carlisle. PA 17013, Carlisle Bor- ough-2nd Ward, Cumberland County Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carol Ann Aulenbacher and Steven R. Aulenbacher. as Joint Tenants with the Right of Survivor- ship, by Deed from Carol Ann Au1enbacher, single woman, dated 6-3-03, recorded 6-3-03, in Deed Book 257, page 1844.