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Home My WebLink About06-5763GOLDBECK McCAFFERTY & McKEEVER BY`: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff vs. CODY A. CARBAUGH Mortgagor and Real Owner 83 Carol Place New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE m 4? Term CIVIL ACTLON: MORTGAGFE ROMECL08U RIF 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of ALS-0075. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is AURORA LOAN SERVICES, LLC, 601 5th Avenue, Scottsbluff, NE 69361. 2. The name and address of the Defendant is CODY A. CARBAUGH, 83 Carol Place, New Cumberland, PA 17070, who is the mortgagor and real owner of the mortgaged premises hereinafter described. On April 13, 2006 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS BANK, FSB, A FEDERAL SAVINGS BANK, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1947, Page 4842. The mortgage has been assigned to: AURORA LOAN SERVICES, LLC by assignment of Mortgage, which is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for June 01, 2006, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance $417,000.00 Interest from 05/01/2006 $121848.94 through 09/30/2006 at 7.2500% Per Diem interest rate at $83.98 Reasonable Attorney's Fee at 5% of Principal Balance as $20,850.00 more fully explained in the next numbered paragraph Late Charges from 06/01/2006 to 09/30/2006 $568.91 Monthly late charge amount at $142.23 Costs of suit and Title Search $900.00 Forecasted Late Charges $142.23 Mortgagor Recoverable Corporate Advance $24.00 $452,334.08 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or and "in personam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $452,334.08, together with interest at the rate of $83.98, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: Xk A/1 - , - dl? NB CK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION 1, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswor l falsification to authorities. Date: O SERVIPH # 0 0 3 8 0 6 2 9 8 0 - CODY A. CARBAUGH VICE PRESIDENT E,XhibitA EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows; to wit: PARCEL #1: BEGINNING at a point on the northeasterly side of Carol Place, which point of beginning is a distance of five hundred twenty-four and thirty-four hundredths (524.34) feet from the north end of an arc of a curve having a radius of sixteen (16) feet connecting the northern right-of-way line of Carol Street and the eastern right-of-way line of Carol Place; thence North thirty-six (36) degrees fifty-six (56) minutes thirty (30) seconds East, a distance of one hundred seventy-seven and twenty-eight hundredths (177.28) feet to a point; thence North forty-one (41) degrees twelve (12) minutes West, a distance of one hundred twenty-two and twelve hundredths (122.12) feet to a point; thence South forty-eight (48) degrees twenty-nine (29) minutes West, a distance of two hundred sixty-one and seventy-nine hundredths (261.79) feet to a point; thence South fifty-four (54) degrees thirty-two (32) minutes East, a distance of one hundred twenty-two and two hundredths (122.02) feet to a point on the northwesterly side of Carol Place; thence along the line of Carol Place by a curve to the right for a radius of fifty (50) feet, an arc distance of seventy-nine and eighty-two hundredths (79.82) feet to the point and place of Beginning. BEING all of Lot No. 8 and part of Lot No. 9 on the Plan of Westover Terrace New Cumberland Borough, Cumberland County Pennsylvania, as recorded on February 21, 1955, in the office of the recorder of Deeds of Cumberland County in Plan Book 7, Page 11. BEGINNING the same premises which Henry T. Simmonds, Jr. and Harriet L. Simmonds, husband and wife, and Carol H. Ronhaus and Frances Ronhaus, husband and wife, and Frank Procopio and Shirley Procopio, husband and wife, and M. Duane Mills and Reba R. Mills, husband and wife, by Deed dated April 16, 1964, and recorded April 21, 1964, in Deed Book E-21, Page 372, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Gene J. Triano and Elizabeth Triano (a/k/a Elizabeth J. Triano), husband and wife, the Grantors herein. PARCEL #2: BEGINNING at a point on the northern side of a cul-de-sac at the end of Carol Place at the southeastern corner of lands of Gene J. and Elizabeth Triano; thence by said Triano land North thirty-six (36) degrees fifty-six (56) minutes thirty (30) seconds East, a distance of one hundred seventy-seven and twenty-eight hundredths (177.28) feet to a point at land of the Pennsylvania Railroad Company; thence by said land of the Pennsylvania Railroad Company South forty-one (41) degrees twenty-one (21) minutes East, a distance of one hundred twenty-two and thirteen hundredths (122.13) feet to a point; thence still along land of the Pennsylvania Railroad Company South thirty-two (32) degrees fifty-eight (58) minutes East, a distance of one hundred twenty-six and fifty-eight hundredths (126.58) feet to a point at land of Maud H. Longnecker; thence by said Longnecker land South nineteen (19) degrees thirteen (13) minutes West, a distance of eighty-two and fifty-six hundredths (82.56) feet to a point at land of Claud H. Steigerwalt, Jr. and Esther N. Steigerwalt, his wife; thence by said Steigerwalt land North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred (100) feet (Continued on Attached) ON1 7 PGAU' 64 to a point; thence still along said Steigerwalt land North seventy (70) degrees forty-seven (47) minutes West, a distance of one hundred twenty-three and forty hundredths (123.40) feet; thence along the cul-de-sac at the end of Carol Place in a northwestwardly direction by a curve to the left having a radius of fifty (50) feet an arc distance of sixty-eight and forty-six hundredths (68.46) feet to a point at land of Gene J. and Elizabeth Triano, the place of BEGINNING. BEING in part all of Lot No. 10 and Plan of Lots for Westover Terrance Plan Book 7, page 11, together with by previous grantors in Cumberland page 942. d the remainder of Lot No. 9 on a recorded in Cumberland County a portion of the land acquired County Deed Book "A," Vol. 21, 6KI947PG4865 E6 r, hibit (B AURORA LOAN SERVICES b0I F1f7li AVI NUE • Y.O. BOX 1706 • `1'.1, 1 i •;',i 1 I I PHONE: 800 -,, . : ,.. ACT 91 NOTICE TAKE ACTION TO August 1E 2006 SAVE YOUR HOME FROM 0038062980CLO7108-16-06 FORECLOSURE, Cody A Carbaugh Certified , . ,83 Carol Pl New Cumberland PA 17070 7160 3901 9849 6159 4612 RE: Borrower(s): Cody A Carbaugh SENDERS RECORD Property Address: 83 Carol Pl New Cumberland PA 17070 Loan No.: 0038062980 Current Lender/Servicer: Aurora Loan Services This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800--342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMECWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 IMPORTANT INFORMATION ON PAGE 5 LENDER AURORA LOAN SERVICES 1.1-C. AURORA LOAN SERVICES 601 FIFTH AVENUE • P.O. BOX 1706 • SCOTTSHI L 11% N! 69',( f u. PHONE: 800-550 0508 • FAX: ,n, „, r '+ru Loan Number 0038062980 Page 2 of 6 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During this time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR A?LICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. IV- LENDER AURORA LOAN SERVICES LLC. AURORA LOAN SERVICES 601 FIFTH AVENUE • P.O. BOX 1706 • SCO'I TSBIA. FI , N\,: h'j PHONE: 800-550-0508 • FAX: ?08 ,..,? Loan Number 0038062980 Page 3 of 6 AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibilit criteria established by the Act. The Pennsylvania Housing Finance Agenc has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 83 Carol Pl, New Cumberland PA 17070 is SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Regular monthly payments of $ 2844.68 for the months of June 01, 2006 through today, August 16, 2006. Unpaid Late Charge Balance 142.23 NSF Fees.00 Inspection Fees.00 Corporate Advance 12.00 (Less Suspense).00 TOTAL AMOUNT DUE $ 8688.27 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 8688.27 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made by cashier's check, certified check or money order made payable and sent to: Aurora Loan Services Attn: Cashiering Dept. PO Box 5180 Denver, CO 80217-5180 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this Notice: IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise their rights to accelerate the mortgage debt considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct their attorneys to start legal action to foreclose upon your mortgaged property. LENDER AURORA LOAN Se M(TS 11C. AURORA LOAN SERVICES 601 FIFTH AVENUE • P.O. BOX 1706 • SC01"I'SliI U1+. N1 ';?h PHONE: 800-` 0 -0508 • 17AV aWt Loan Number 0038062980 Page 4 of 6 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to their attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the Lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period by paying all amounts due, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also start legal action against you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's sale of the mortgaged property could be held would be approximately ten (10) months from the date of this Notice. A notice of the actual date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: AURORA LOAN SERVICES Address: PO BOX 2056 Scottsbluff, NE 69363-2056 Phone Number: 800-550-0509 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be initiated by the lender at any time. _= LEND_ER AURORA LOAN SERVICES LLC. AURORA LOAN SERVICES 601 FIFTH AVENUE • P.O. BOX 1706 • tic ;O1 1 SM UFF, N 1: ol. ? , 17n , PHONE:800 550 0508 • FAX Loan Number 0038062980 Page 5 of 6 ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 550-0509. This payment must be cashiers check, certified check or money order, payable to Aurora Loan Services and sent to the address above. You should realize that a Sheriff's or other similar official's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's or other similar official's sale, a lawsuit could be initiated to evict you. You shall have the right to assert in the foreclosure proceedings, the non-existence of a default, or any other defense that you may have, to acceleration or foreclosure. You have additional rights to help protect your interest in the property. Ef1WLN 12t LENDER AURORA LOAN SERVICES LLC. AURORA LOAMY SERVICES 601 FIFTH AVENUE • P.O. BOX 1706 • SC0T"1'SM,1jFF. Ni PHONE: 800-550 • I?A\- Loan Number 0038062980 Page 6 of 6 You have the right to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. You may have the right to sell or transfer the property, subject to the mortgage, to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney fees and costs are paid prior to or at the sale, and that the other requirements under the mortgage are satisfied. Contact us to determine under what circumstances this right might exist. You have the right to have this default cured by any third party acting on your behalf. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than THREE (3) times in any calendar year. This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have previously received a discharge in bankruptcy, and you were a borrower on a loan with Aurora Loan Services, or its predecessor(s), at the time of filing your bankruptcy, this correspondence is not and should not be construed to be an attempt to collect a debt or impose personal liability against you, but solely an enforcement of a lien against the property. If you have any questions regarding this matter, feel free to contact one of our Loan Counselors at the address above or by calling 800-550-0509. Loan Counseling Aurora Loan Services 112t LEN ER AURORA LOAN SERVICES H C. ru a s I ? Ln o O ..u r , z a ¢ a M Cr a o w U U? O .,Q d U O 00 W C U z W W H a? C O J 0 Q 0 co a) 0 M 0 W 2 W LL W Q HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 1/26/2006 8:32:23 AM Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a ?1 ?? <_} ?. ? ? {f?, ?? r? ?J 1, `1 ?! ' \ ? ? ? T- C` "".' ? - ?. ?' M1 ?? N , ?? ? <?> I 1'l f_.?? .-- ' ,. .._ ..._ t: GOLDBECK WCAFFERTY & MCKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. Term No. 06-5763 GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff C7f f ~1 Y( Z.n .o SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05763 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS CARBAUGH CODY A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CARBAUGH CODY A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT CARBAUGH CODY A 83 CAROL PLACE NEW CUMBERLAND, PA 17070 HOUSE APPEARS AS THOUGH SOMEONE IS MOVING OUT. NOT FOUND , as to DEFENDANT IS BELIEVED TO BE IN PRISON. Sheriff's Costs: So answer Docketing 18.00 `i Service 31.68 Not Found 5.00 R. Tfiomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 64.68? GOLDBECK MCCAFFERTY MCKEEVER E;//.7/6?; 11/01/2006 Sworn and Subscribed to before me this day of , A.D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 No. 06-5763 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 83 Carol Place, New Cumberland, PA, 17070, hereinafter, the "mortgaged premises". 2. Defendant, CODY A. CARBAUGH, is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant, Cody A. Carbaugh, is 551 Bishop Avenue, Chambersburg, PA 17201. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant, Cody A. Carbaugh, at the property address, 83 Carol Place, New Cumberland, PA, 17070, after numerous IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY attempts. The house appears as though someone is moving out. The Defendant, Cody A. Carbaugh, is believed to be in prison, per Sheriff. Service was also attempted at 551 Bishop Avenue, Chambersburg, PA 17201, without success. The Sheriff was unable to locate the Defendant, Cody A. Carbaugh. 5. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Cody A. Carbaugh. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Cody A. Carbaugh, by posting the premises and certified and regular mail to the Defendant's last known address. i BY: David B. Fein, sq. U N E AL SERVICES DEFAU Amok Affidavit of Good Faith Investigation Client provided information: File Number: ALS-0075 Attorney Firm: Goldbeck, McCafferty & McKeever File Name: Carbaugh Subject Name: Cody A. Carbaugh Property Address: Street: 83 Carol Place City: New Cumberland State: PA Zip: 17070 Skip Results: Date of Birth: None Found Universal File Number: 70018 Las' Kr -vn Dates: As of 09/30/2006 Street: X51 Bishop Avenue Phone: City: Chambersburg State: PA Zip: 17201 Death Records: As of 09/30/2006, the Social Security Administration has no death record on file for Cody A. Carbaugh. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Cody A. Carbaugh as 551 Bishop Avenue, Chambersburg, PA 17201 Depo-Im=ent of Motor Vehicle Records: The. F,_:- f:- -vivi-,r)ia Department of Motor Vehicles provided no change for Cody A. Carbaugh Eisfif?t;,Avg , ie, -':J0 Public Licenses (Pilot, Real Estate, etc): search pertormed provided no informafion. Voter Registration Information: The County Voters Registration Office has no listing for Cody A. Carbaugh. National Postal Address Search: Has no change for Cody A. Carbaugh from 551 Bishop Avenue, Chambersburg, PA 17201 Comments: 717-263-0983: Called possible neighbor, John Busko, there was no answer. 717-263-4014: Called possible neighbor, R. M. Nelson, there was no answer. No numbers were found for relatives. On 09/30/2006, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by Universal Default Service. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. --- ?- ` Subsc ti d and sworn to before me. Aft° n Nom Patti Gortett Notory Public;. Date: 09/30/2006 40"' S.- KIM ATTE8EIRY f NoUry Pubtic STATE of TEXAS rr. „tiw ComesIsMan Exp. W12-2009 329 OAKS TRAIL PLAZA • SUITE 202 • GARLAND, TEXAS 75043 OFFICE : (972) 226-8883 • FAX :(972) 226-8887 Fob 31)67 1:33PNI CUmber Ian G ?o, Sherii-gN _ NOT FOUND No. 9959 P. 2 CASE NO: 2006-05763 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND A2RORA LOAN SERVICES LLC VS CA.R$AUGH CODY A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CARSA.UGH CODY A but was unable to locate Him in his bailiwick. He therefore returns the C04141PL 1N'T - M C R r"0RE' , the within named DEFENDANT , CARBAUGH CCI: A COOL PLACE: , NOT FOUND , as to HOUSE APPEALS AS THOUGH SOMEONE' IS MOVING OUT, DEFENDANT IS BELIEVED TO BE IN PRISON. Sheriff's Costs: So answers- ;.--Docketing 18.00 Service 31.68 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 64.68 GOLDBECK MCCAFFERTY MCKEEVER 11/01/2006 Sworn and Subscribed to before me this day of , A.D. 5nxxi. r r, , 5 Ktf 1 UK1V - UU'' u t. ?UU1v , I. CASE NO: 2006-05763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS CARBAUGH CODY A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CARBAUGH CODY A but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsyi-Jania, to On January 29th 2007 , this ol=fice was in receipt of the ?_..._d r ,urn L-om FP.A ".LIN -Sherifr's Costs; JQC l i r-gj n . 00 Dep Franklin Co 45.15 Postage 1.35 83.50 01/29/2007 GOLDBECK MC So a seem S Y ` -1- i - - --- --------------- Sheriff of Cumberland County "-AFFERTY MCKEEVER Sworn and subscribe to before me this _ day of A. D. In The Court of Common Pleas G-f Cumberland County, Pennsylvania Aurora Loan Services LLC vs. Cody A. Carbaugh No. 06-5763 civil Now, November 21, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA. do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before nee this day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT County, PA CASE NO: 2006-00269 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN AURORA LOAN SERVICES, LLC VS CODY A. CARBAUGH ROBERT WOLLYUNG , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CARBAUGH CODY A. but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE , NOT FOUND , as to th hi l reamed DEFF?:` -? T CARBAUGH CODY A..__ CHAMBERSBURG. PA 17201 SEVERAL ATTEMPTS MADE Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: ROBERT WOLL UNG ROBERT WOLLYUNG, Sheri-ff GOLDBECK MCCAFFERTY MCKEEVER 01/22/2007 Sworn and subscribed to before me this, day of A.D. Notaria ea Richard D. McCarty, Notary Public Chambersburg Boro, Franklin Counry My Commission Expires Jan. 29, 2-137 GOLDBECK WCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 VERIFICATION No. 06-5763 I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. BY: /kr-- David B. Fein, Esq. GOLDBECK WCAFFERTY & WKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-5763 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Cody A. Carbaugh, which the Sheriff has been unable to personally serve upon Defendant, Cody A. Carbaugh. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(a). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Cody A. Carbaugh, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.416132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 CERTIFICATE OF SERVICE No. 06-5763 David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Cody A. Carbaugh, this 8`h day of February 2007, by first class mail, postage prepaid. BY: David B. Fein, Esq. IN THE COURT OF COMMON PLEAS Of Cumberland County -TI _7j„. 1L7 4 ?:?`? € ;l Fe 12 20 AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-5763 ORDER AND NOW, this Z / ' day of /616-7 2007, upon consideration of the Plaintiff s Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Cody A. Carbaugh, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff and/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Cody A. Carbaugh, by posting a copy of the Complaint upon the premises 83 Carol Place, New Cumberland, PA, 17070, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant's last known address at 551 Bishop Avenue, Chambersburg, PA 17201, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Cody A. Carbaugh, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: J. D. tribution list: 7iladelphia, el T. McKeever, Esquire, Suite 5000 - ellon Independence Center, 701 Market Street, PA 19106-1532 A. CARBAUGH, 8 Carol Place New Cumberland, PA 17070 ILE LU????"?] rj 7 Al t O GOLDBECK WCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW VS. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Defendant(s) Term No. 06-5763 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff e-? ti. l GOLDBECK WCAFFERTY & WKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH Mortgagor(s) 83 Carol Place New Cumberland, PA 17070 Defendant(s) CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5763 JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on ?????? 3, a dJ7 he did serve upon Defendant(s) CODY A. CARBAUGH a true and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated February 21, 2007. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, - AK fWY & McKEEVER GOLD K cC BY: JOSEPH A. GOLDBECK, JR. ESQUIRE ' ° sa F x fc -q ? `f4 wM r r rCASE NO: 2006-05763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERIFF'S RETURN - OUT OF COUNTY AURORA LOAN SERVICES LLC VS CARBAUGH CODY A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CARBAUGH CODY A but was unable to locate Him deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On January 29th , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 *Wt Surcharge 10.00 R. Thomas Kline Dep Franklin Co 45.15 Sheriff of Cumberland County Postage 1.35 83.50 01/29/2007 GOLDBECK MCCAFFERTY MCKEEVER Sworn and subscribe to before me this day of A. D. 'In The Court of Common Pleas of Cumberland County, Pennsylvania Aurora Loan Services LLC vs. Cody A. Carbaugh No- 06-5763 civil Now, November 21, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the copy of the original COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00269 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN AURORA LOAN SERVICES, LLC VS CODY A. CARBAUGH ROBERT WOLLYUNG ChAriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: CARBAUGH CODY A. but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE the within named DEFENDANT , CARBAUGH CODY A. 551 BISHOP AVENUE NOT FOUND , as to CHAMBERSBURG, PA 17201 SEVERAL ATTEMPTS MADE Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: OBERT Tn10LL UNG ROBERT WOLLYUNG, Sheri f GOLDBECK MCCAFFERTY MCKEEVER 01/22/2007 Sworn and subscribed to before me this day of -? Cly Notana ea Richard D. McCarty, Notary Public Chambersburg Boro, Franklin County My Commission Expires Jan. 29, 2 '0? In the Court of Common Pleas of Cumberland County AURORA LOAN SERVICES, LLC 601 `5th Avenue Scottsbluff, NE 69361 Plaintiff vs. CODY A. CARBAUGH (Mortgagor(s) and Record Owner(s)) 83 Carol Place New Cumberland, PA 17070 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-5763 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against CODY A. CARBAUGH by default for want of an Answer. Assess damages as follows: $470,881.51 Debt Interest from 04/28/07 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIF D OUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN OM HE COMPLAINT. I certify that written notice of the intention, to file this praecipe was mailed or delivere to the arty against hom judgment is to be entered and to his attorney of record, if any, after the default occurred and at 1 t ten ays prior the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ^? Joseph A. G Attorney for I.D. #16132 AND NOW ment is entered in favor of AURORA LOAN SER S, LLC and against CODY A. CARBAUGH by default for want of an Answer and damages assessed in the sum of $470,881.51 as per the above certification. Pr onotary ALS-0075 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: CODY A. CARBAUGH 551 Bishop Avenue Chambersburg, PA 17201 AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff VS. CODY A. CARBAUGH (Mortgagor(s) and Record Owner(s)) 83 Carol Place New Cumberland, PA 17070 Defendant(s) TO: CODY A. CARBAUGH 551 Bishop Avenue Chambersburg, PA 17201 DATE OF THIS NOTICE: April 3, 2007 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5763 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 mnf> G C MCCAFFER M EVER B oseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CODY A. CARBAUGH, is about unknown years of age, that Defendant's last known residence is 83 Carol Place, New Cumberland, PA 17070, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Milnjother r Naval Service of the United States or its Allies, or ise within the provisions of the Soldiers' and Sailors' elief Action of Congress of 1940 and its Amendments. Date: ,-- GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue IN THE COURT OF COMMON PLEAS Scottsbluff, NE 69361 Plaintiff of Cumberland County vs. CODY A. CARBAUGH CIVIL ACTION LAW (Mortgagor(s) and Record owner(s)) 83 Carol Place New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-5763 ORDER FOR JUDGMENT Please enter Judgment in favor of AURORA LOAN SERVICES, LLC, agast CODY A. CARBAUGH for failure to file an Answer in the above action within (20) days rrsixty 0) days if defendant is the United States of America) from the date of service of the Complaint, in the of $1710,8 81.51. Joseph A. Goldbeck, Jr. Attorney for Plaintiff I hereby certify that the above names are correct and that the precise esi en addres of the judgment creditor is AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, 93 1 and at the name(s) and C Berland, PA last known address(es) of the Defendant(s) is/are CODY A. CARBAUGH, 3 C of la new 17070; GOLDBECK McCAFF BY: Joseph A. Goldbec r r. Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $417,000.00 Interest from 05/01/2006 through $30,400.76 04/27/2007 Reasonable Attorney's Fee $20,850.00 Late Charges $1,564.52 Costs of Suit and Title Search $900.00 FORCASTED LATE CARGE MORTGAGOR RECOVERABLE CORPORATE ADVANCE AND NOW, this jd day of A ?4L , 2007 damages are assessed as above. z ?-AJA'A-fa. - Pro P othy G) 1+ W ?,.(,lt 4+ 1 i c? P 9??- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 v Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 VS. CODY A. CARBAUGH Mortgagor(s) and Record Owner(s) 83 Carol Place New Cumberland, PA 17070 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5763 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 04/28/07 to Date of Sale at 7.2500% (Costs to be added) $470,881.51 a a U O O C[ 0 Q ova ?- o r., U A o U o Z c ?yx a.- ? s ti:s.i z O w? O } i o' w, a r 0 V? Y v v v `4 4 a ci a ? ? 4 L1 ? tY C? ~ V N 1 Q CI w ? ?U U O p ZD Q4 ?o a '? -;?z 0 sr ? All that certain piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows; to wit: Parcel #1 Beginning at a point on the northeasterly side of Carol Place, which point of beginning is a distance of five hundred twenty-four and thirty-four hundredths (524.34) feet form the north end of an arc of a curve having a radius of sixteen (16) feet connecting the northern right-of-way line of Carol Street and eastern right-of-way line of Carol Place; thence North thirty-six (36) degrees fifty-six (56) minutes thirty (30) seconds East, a distance of one hundred seventy-seven and twenty-eight hundredths (177.28) feet to a point; thence North forty-one (41) degrees twelve (12) minutes West, a distance of one hundred twenty-two and twelve hundredths (122.12) feet to a point; thence South forty-eight (48) degrees twenty-nine (29) minutes West, a distance of two hundred sixty-one and seventy- nine hundredths (261.79) feet to a point; thence South fifty-four (54) degrees thirty-two (32) minutes East, a distance of one hundred twenty-two and two hundredths (122.02) feet to a point on the northwesterly side of Carol Place; thence along the line of Carol Place by a curve to the right for a radius of fifty (50) feet, an arc distance of seventy-nine and eighty-two hundredths (79.82) feet to the point and place of beginning. Being all of Lot No. 8 and part of Lot No. 9 on the Plan of Westover Terrace New Cumberland Borough, Cumberland County Pennsylvania, as recorded on February 21, 1955, in the office of the recorder of Deeds of Cumberland County in Plan Book 7, Page 11. TAX PARCEL NO: 26-22-0820-019 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5763 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From CODY A. CARBAUGH (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 $470,881.51 L.L. $.50 Interest FROM 4/28/07 TO DATE OF SALE AT 7.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $294.50 Plaintiff Paid Other Costs Date: APRIL 30, 2007 (Seal) REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Curti R. Long, Pr otaryBy: Deputy Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Sui'1t 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff VS. CODY A. CARBAUGH (Mortgagor(s) and Record Owner(s)) 83 Carol Place New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-5763 AFFIDAVIT PURSUANT TO RULE 3129 AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 83 Carol Place New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: LEHMAN BROTHERS BANK (MERS) 327 INVERNESS DRIVE SOUTH .. ENGLEWOOD, CA 80112 COMMERCE BANK/HARRISBURG N.A. RESIDENTIAL MORTGAGE 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 83 Carol Place New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my pe onal knowledge or information and belief. I understand that false statements herein are made subject to the enalties f 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 27, 2007 GOLDBECK MCCAFFERT BY: Joseph A. Goldbeck, Jr Attorney for Plaintiff I cf .: --t 06-5763 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff vs. CODY A. CARBAUGH Mortgagor(s) and Record Owner(s) CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 83 Carol Place New Cumberland, PA 17070 Term No. 06-5763 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE!* SHERIFF'S SALE OF REAL PROPERTY TO: CARBAUGH, CODY A. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 171070 Your house at 83 Carol Place, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $470,881.51 obtained by AURORA LOAN SERVICES, LLC against you. i NOTICE OF OWNER'S RIGHTS YOU MAY BIE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancellelif you pay to AURORA LOAN SERVICES, LLC, the back payments, late charges, costs and reasonable ttomey's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 06-5763 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from ?he Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happ?ned. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this s hedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-5763 _. v Resource§ available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of ALS-0075. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. ra r ?-.J ? Z ` ! , ? ?? : ? fJ ? "CT ? ?? ? ? ? , r ® ..L ? T Y?i ^? .! C.s3 s?? `7J ? (}.3 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS CARBAUGH CODY A MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CARBAUGH CODY A DEFENDANT the at 1700:00 HOURS, on the 6th day of March , 2007 at 83 CAROL PLACE NEW CUMBERLAND, PA 17070 POSTED PROPERTY AT 83 CAROL by handing to PLACE NEW CUMBERLAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.32 Posting 6.00 Surcharge 10.00 .00 50.32 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/07/2007 GOLDBECK MCCAFFERTY MCKEEVER By: Deputy Sh i was served upon of A. D. M 12 20070A AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 vs. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 06-5763 ORDER AND NOW, this 2'S day of Z?;qo upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good f,uth efforts to ascertain the present whereabouts of Defendant, Cody A. Carbaugh, has been unsuccessful, it is, ORDERED and DECREED: t}:at Plaintiffs Motion is granted and the Sheriff and/or ;'lantiff is directed to Serve the Complaint in Nl l i.orcclesure upon Defendant, Cody A. Carbau<gh. h, postino a copy of the Compla!, . tile _in ,-Cs 5. ??rnl Place. New Cuii;b rlar,l, 11,,%, 1 "t; 'v, at,(! l'l:;intiif is cl.:.etz d to serve th., Conip?aint bv ??i„?lc?: a' 11 1r nail to the }?41Z nLani 1:.<t known LiJ,, ess at J` I hisl101) PA 17201, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Cody A. Carbaugh, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE COURT: P J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 CODY A. CARBAUGH, 83 Carol Place New Cumberland, PA 17070 TRUE C(NP" F°rkA RECORD -.t my hand In Testimo;+v and and a sea o ................., .. ....... qay Th ?? p thorwta , IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY "URTIS R. LONG Prothonotary Cumberland County )ne Courthouse Square Carlisle, PA 17013 ,...a - Q ? PRsr A ? d"t PITNfY HOWFS 02 1A $ 00.39 0004631598 FEB 23 20 MAILED FROM ZIP CODE 1 70 Cody A. Carbaugh 83 Carol Place New Cumberland, PA 17070 Q V t.- #. 1r.-w32-3- 001.= 171 L4E 1 7070 25 07114107 RETURN TO SENDER CARBAUGH MOVED LEFT NO ADDRESS UNABLE TO FORWARD RETURN TO SENDER j j *0419-01097-20-40 BC JJ: 17013 iijiijiqlild))$ 1111111111/??11 M11111 10f}#1?#1119#ill tiJ?/lf1lY?tll/T 111!#I1Ti{!} GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff ALS-0075 CF: 10/02/2006 SD: 09/05/2007 $470,881.51 AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff vs. CODY A. CARBAUGH Mortgagor(s) and Record Owner(s) 83 Carol Place New Cumberland, PA 17070 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5763 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. (?e) Premises was posted by Sheriffs Office/Q aw4mten+-?(copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). (p?) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. es tfu su 't , BY: s h A. Goldbeck, Jr. Att me for Plaintiff p ? 1 1 r • Qt) t t ? 1 N ?r??a+ r o ?`??? NT 5TH ?- - ti gyp, ??? o Q ? ?Z ' ? 'S tts r 1 '+ t. a 64 can) o av I acs '-- ? a S co t3. a ?t3 , o 5 ? +' i 4 try-- `..a 11.00 Imo' pl t N 0 a r, :. .- Form 3877 Domestic USPS Firm Mailing Book Name and Address of Sender:' Permit Number Sequence Number JOSEPH A GOLDBECK JR 1032A MELLON INDEPENDENCE CENT 701 MARKET ST STE 5000 Ascent - MAC v7.20.7.20.I PHILADELPHIA, PA 19106 --------- - - --------- -------- ---------------- ----- --------------------------- - ----------------------------------- Piece ID Article / ------ - --------- Delivery Address SS Fee Postage Value Sender Charges Addressee Name Type Insur./Register Due Total ----------------------------- ------ ------------------------------------ AMQ0947FF10-2271114342363000116665 --------------------------- FILIPPELLI, FRANCIS A. --------- C -------- 2.65 ----------- - 0.41 3.91 '430 EVERGREEN ROAD RRE 0.85 NEW -BLOOMFIELD, PA 17068 FRCRPUL00018-171114342363000116672 DEATER, TRACY C 2.65 0.41 3.91 1044 Crawford Street RRE 0.85 Bethlehem, PA 18017 FRCRPUL00018-171114342363000116689 DEATER, SCOTT A. C 2.65 0.41 3.91 1044 Crawford Street RRE 0.85 Bethlehem, PA 18017 ABNPUL0001NIIt7171114342363000116696 RANNELS, MARCIA C 2.65 0.41 3.91 2114 Berryhill Street RRE 0.85 Harrisburg, PA 17104 ALS0075CC9-5.071114342363000116702 CARBAUGH, CODY A. C 2.65 0.41 3.91 83 Carol Place RRE 0.85 New Cumberland, PA 17070 CWD6512CB10-1171114342363000116719 THE UNKNOWN HEIRS OF CHRISTINA C 2.65 .0.41 3.91 1842 North Street RRE 0.85 Harrisburg, PA 11103 CWD6512JB10-1171114342363000116726d'I BARBER, JAMES A. C 2.65 0.41 3.91 1822 Briggs Street RRE 0.85 Harrisburg, PA 17103 CWD6512JB10-117111434?.363000116733 BARBER, JAMES A. C 2.65 0.41 3.91 1842 North Street RRE 0.85 Harrisburg, PA 17103 ------------------------------------ Page Totals: 8 --------- ----------------- ---------- -------- 28.00 --------------------- 3.28 --------------------------- 31.28 Cumulative Totals: 64 224.00 26.24 250.24 Page 8 d?Hdi30y1? as ? " ol J ?G O??bjs 7Vlµ??y Form 3877 Domestic USPS Firm Mailing Book Name and Address of Sender: Permit Number Sequence Number JOSEPH A GOLDBECK JR 1032A MELLON INDEPENDENCE-CENT 701 MARKET ST STE 5000 Ascent - MAC v7.20.7.20.I PHILADELPHIA, PA 19106 - - -------------------------------------------------------------- Piece ID Article k Delivery Address --------- SS -------- Fee ---------------------------- Postage Value --------------------- Sender Charges Addressee Name ------------------------ -- - - Type Insur./Register Due Total - -- ----- ---------------------------- CITX0824DH8-3.71114342363000116504 HUMMER, DEBORAH --------- C -------- 2.65 ---------------------------- 0.41 --------------------- 3.91 32 E. Stanton Street RRE 0.85 Hudson, PA 18705 CFNA03SOBJB-8 71114342363000116511 JOHNSON, BERTHA E. C 2.65 0.41 3.91 RR 5 Box 235 RRE 0.85 Tyrone, PA 16686 CFNA0350DJ8-8 71114342363000116528 JOHNSON, DANIEL G. C 2.65 0.41 3.91 RR 5 Box 235 RRE 0.85 Tyrone, PA 16686 CFNA0683KS10-271114342363000116535 SHAEFFER, KIMBERLY A. C 2.65 0.41 3.91 3187 Catholic Valley Road RRE 0.85 Glen Rock, PA 17327 CFNA0350BJ8-8.71114342363000116542 JOHNSON, BERTHA E. C 2.65 0.41 3.91 2428 Maple Avenue RRE 0.85 Pittsburgh, PA 15214 CFNA0683RS10-271114342363000116559 , SHAEFFER, RODNEY L. C 2.65 0.41 3.91 3187 Catholic Valley Road RRE 0.85 Glen Rock PA ?- y , ALS0075CC9-5 71114342363000116566 CARBAUGH, CODY A. C 2.65 0.41 3.91 551 Bishop Avenue RRE 0.85 Chambersburg, PA 17201 GRP0265JP9-4 71114342363000116573 PERRY, JUDITH ANN C 2.65 0.41 3.91 515 Clifton Park Road RRE 0.85 Derry, PA 15627 --------------------------------------------------------------------------------------------------------------------------------- Page Totals: 8 28.00 3.28 31.28 Cumulative Totals: 48 168.00 19.68 187.68 Page 6 aa\?aiavv?,,y a a ` v 0, 1 y .r° %bls lY1N??`y Aurora Loan Services, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Cody A. Carbaugh Writ No. 2006-5763 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2007 at 1254 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cody A. Carbaugh, by posting the premises located at 83 Carol Place, New Cumberland, Cumberland County, Pennsylvania pursuant to order of court with a true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1330 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cody A. Carbaugh located at 83 Carol Place, New Cumberland, Cumberland County, Pennsylvania 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 defendant, to wit: Cody A. Carbaugh, by regular mail to his last known address of 83 Carol Place, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff BYJD Real Estate S rgeant ! 200 AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 vs. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-5763 ORDER AND NOW, this ?s day of consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Cody A. Carbaugh, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiff"s Motion is granted ane the Sheriff andlor 11lainsiff is directed to Serve the Complaint in Mortga<,e Foreclosure upon Defendant, Cody A. Carbaugh, by posting a copy of the Complaint upon the prerrisk s 83 Carol I'lace, New Cumhc; iaad. PA. 17070, and 1'1siotlff is directed to serve the Complaitt by lcli: tt?(i aad rcr:ular malt to Die 1lctC11C"I:IIi:j last known address ai 151 Bishop Avenue, PA 17201, and that all further service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known address and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 may be made upon Defendant, Cody A. Carbaugh, by sending copies of same to Defendant's last known address by certified and regular mail and by posting the premises. BY THE OURT: J. Distribution list: Michael T. McKeever, Esquire, Suite 5000 - Mellon Independence Center, 701 Market Street, Philadelphia, PA 19106-1532 CODY A. CARBAUGH, 83 Carol Place New Cumberland, PA 17070 TRUE CncV r."? 1"*'?A RECORD In Testimo, a my hand and a seal i Pa. 7 day of... ...... ., 13 A • rothonotanPY _?? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County vs. CODY A. CARBAUGH Mortgagor(s) and Record Owner(s) 83 Carol Place New Cumberland, PA 17070 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-5763 AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 83 Carol Place New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 4. Name and address of the last recorded holder of every mortgage of record: LEHMAN BROTHERS BANK (MERS) 327 INVERNESS DRIVE SOUTH ENGLEWOOD, CA 80112 COMMERCE BANK/HARRISBURG N.A. RESIDENTIAL MORTGAGE 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 83 Carol Place New Cumberland, PA 17070 (attach separate sheet if more space is needed) 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. Section 4904 relating to unworn falsification to authorities. DATED: August 10, 2007 601B K McCAFFERTY & l BY: os h A. Goldbeck, Jr., Esq. Attorney or Plaintiff r„ . ?-p ?-r, r f "° f ? "?;7 t ' ?.J f?Fi r, ? :.TJ ».? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 30th day of Spril, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5763, at the suit of Aurora Loan Serv LLC against Cody A Carbaugh is duly recorded as Instrument Number 200737177. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 0-4 A.D. 6-6 of Deeds Recorder of De94, t;wnwdmd County, Coo PA My Commission Expm m ft Fiat Monday d Jm.2010 Aurora Loan Services, LLC VS Cody A. Carbaugh In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5763 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 2007 at 1254 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cody A. Carbaugh, by posting the premises located at 83 Carol Place, New Cumberland, Cumberland County, Pennsylvania pursuant to order of court with a true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 13 30 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cody A. Carbaugh located at 83 Carol Place, New Cumberland, Cumberland County, Pennsylvania 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 defendant, to wit: Cody A. Carbaugh, by regular mail to his last known address of 83 Carol Place, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 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 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of International Plaza II, 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254-2916 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,016.56. Sheriffs Costs: Docketing $30.00 Poundage 19.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 365.00 Patriot News 356.30 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 40.50 $ 1,016.56 /d/D 9 f6 7 Lk Co ,. 199I?? So Answers: R. Thomas Kline, heriff BY,z-?C Real Estate ergeant , Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue IN THE COURT OF COMMON PLEAS Scottsbluff, NE 69361 Plaintiff of Cumberland County vs. CODY A. CARBAUGH CIVIL ACTION - LAW (Mortgagor(s) and Record Owner(s)) 83 Carol Place New Cumberland, PA 17070 ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-5763 AFFIDAVIT PURSUANT TO RULE 3129 AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 83 Carol Place New Cumberland, PA 17070 1.Name and address of Owner(s) or Reputed Owner(s): CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 2. Name and address of Defendant(s) in the judgment: CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: r LEHMAN BROTHERS BANK (MERS) 327 INVERNESS DRIVE SOUTH ENGLEWOOD, CA 80112 COMMERCE BANK/HARRISBURG N.A. RESIDENTIAL MORTGAGE 100 SENATE AVENUE CAMP HILL, PA 17011 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 83 Carol Place New Cumberland, PA 17070 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best my pe onal knowledge or information and belief. I understand that false statements herein are made subject to the _ties f 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATED: April 27, 2007 GOLDBECK MCCAFFER'I BY: Joseph A. Goldbeck, Jr Attorney for Plaintiff I R . A 06-5763 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff AURORA LOAN SERVICES, LLC 601 5th Avenue Scottsbluff, NE 69361 Plaintiff VS. CODY A. CARBAUGH Mortgagor(s) and Record Owner(s) 83 Carol Place New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-5763 Defendant(s,' THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CA"AUGK CODY A. CODY A. CARBAUGH 83 Carol Place New Cumberland, PA 17070 Your house at 83 Carol Place, New Cumberland, PA 17070 is scheduled to be sold at Sheriffs Sale on Wednesday, September 05, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $470,881.51 obtained by AURORA LOAN SERVICES, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay to AURORA LOAN SERVICES, LLC, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1-866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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. 06-5763 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 . ' 06-5763 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of ALS-0075. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows; to wit: Parcel #1 Beginning at a point on the northeasterly side of Carol Place, which point of beginning is a distance of five hundred twenty-four and thirty-four hundredths (524.34) feet form the north end of an arc of a curve having a radius of sixteen (16) feet connecting the northern right-of-way line of Carol Street and eastern right-of-way line of Carol Place; thence North thirty-six (36) degrees fifty-six (56) minutes thirty (30) seconds East, a distance of one hundred seventy-seven and twenty-eight hundredths (177.28) feet to a point; thence North forty-one (41) degrees twelve (12) minutes West, a distance of one hundred twenty-two and twelve hundredths (122.12) feet to a point; thence South forty-eight (48) degrees twenty-nine (29) minutes West, a distance of two hundred sixty-one and seventy- nine hundredths (261.79) feet to a point; thence South fifty-four (54) degrees thirty-two (32) minutes East, a distance of one hundred twenty-two and two hundredths (122.02) feet to a point on the northwesterly side of Carol Place; thence along the line of Carol Place by a curve to the right for a radius of fifty (50) feet, an arc distance of seventy-nine and eighty-two hundredths (79.82) feet to the point and place of beginning. Being all of Lot No. 8 and part of Lot No. 9 on the Plan of Westover Terrace New Cumberland Borough, Cumberland County Pennsylvania, as recorded on February 21, 1955, in the office of the recorder of Deeds of Cumberland County in Plan Book 7, Page 11. TAX PARCEL NO: 26-22-0820-019 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5763 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES, LLC, Plaintiff (s) From CODY A. CARBAUGH (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 $470,881.51 L.L. $.50 Interest FROM 4/28/07 TO DATE OF SALE AT 7.2500% Atty's Comm % Due Prothy $2.00 Atty Paid $294.50 Other Costs Plaintiff Paid Date: APRIL 30, 2007 C s R. Long, of (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 ??L7 44 Ls" . C Real Estate Sale # 35 On May 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 83 Carol Drive, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 15, 2007 By: - Real Zsta ergeant 1 1 .' V rI I ?, ;I UJI 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 20, July 27, and August 3, 2007 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. r SWORRIO AND SUBSCRIBED before me this ___3 _day of August, 2007 01 Notary NOTARIAL SEAL DEBORAH A COLLMIS Notary Pubft CARLISLE BORO, CUMBERLAND COUNTY My Commiafon Expkst Apr 28.2010 FAAL IWTATS "L3 NO. 35 Writ No. 2006-5763 Civil Aurora Loan Services, LLC VS. Cody A. Carbaugh Atty.: Joseph Goldbeck DESCRIPTION All that certain piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows; to wit: Parcel # 1 Beginning at a point on the north- easterly side of Carol Place, which point of beginning is a distance of five hundred twenty-four and thirty- four hundredths (524.34) feet form the north end of an arc of a curve having a radius of sixteen (16) feet connecting the northern right-of-way line of Carol Street and eastern right- of-way line of Carol Place; thence North thirty-six (36) degrees fifty-six (56) minutes thirty (30) seconds East, a distance of one hundred seventy- seven and twenty-eight hundredths (177.28) feet to a point; thence North forty-one (41) degrees twelve (12) min- utes West, a distance of one hundred twenty-two and twelve hundredths (122.12) feet to a point; thence South forty-eight (48) degrees twenty-nine (29) minutes West, a distance of two hundred sixty-one and seventy-nine hundredths (261.79) feet to a point; thence South fifty-four (54) degrees thirty-two (32) minutes East, a dis- tance of one hundred twenty-two and two hundredths (122.02) feet to a point on the northwesterly side of Carol Place; thence along the line of Carol Place by a curve to the right for a radius of fifty (50) feet, an arc distance of seventy-nine and eighty- two hundredths (79.82) feet to the point and place of beginning. Being all of Lot No. 8 and part of Lot No. 9 on the Plan of Westover Terrace New Cumberland Borough, Cumberland County Pennsylvania, as recorded on February 21, 1955, in the office of the recorder of Deeds of Cumberland County in Plan Book 7, Page 11. TAX PARCEL NO: 26-22-0820- 019. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st day(s) of August 2007. 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 SALE #35 4 / zz? -;;W0 ...... ....... Sworn to and subscribed befbW%&;& V aPAWMMAA Notari-1 Seal Terry L Russo;;, i\lotaiy Public City Of Harrisburg, Dauphin County M!/ ission Expires June 6, 201 iJ emb ; p nnsvivania association of Ni tg ips NOT Y PUBLIC .A CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Assignment of Bid NO. 06-5763 - CARBAUGH 83 Carol Place New Cumberland, PA 17070 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated September 05, 2007 to: FANNIE MME International Plaza II 14221 Dallas Parkway, Suite 1000 Dallas, TX 75254-2916 GOLDBECK MCCAFFERTY & MCKEEVER Date: September 13, 2007 JOSEPH A. GOLDBECK, JR.