The URL can be used to link to this page

Home My WebLink About00-02906 -" ~ ,. ",-,'- ,;;,. " :.t'-i~" ~MARK J. UDREN & ASSOCIATES ~ BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P,O, Box 24737 West Palm Beach, FL 33416-4737 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v, Virgin~~_A, Hatton ., -2-0Big MainStree1___,_,,' Shiremanstown, PA 17055 Defendant(s) ______. _n_ ____ : NO,OQ-2906- civTlterm AFFIDAVIT PURSUANT TO RULE 3129,1 Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2, Plaintiff in the above action, by its attorney, Mark J, Udren, ESQ" sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 20 Big Horn Avenue, Mechanicsburg, PA 17055 1, Name and address of Owner(s) or reputed Owner(s) : Name Address VIRGINIA A, HATTON 20 BIG HORN AVE" MECHANICSBURG, PA 17055 . -2 , 'Name-and' addres s--oT-Defendant (s ) Tri--tfie-j udgmefir:-- Name Address SAME AS # l ABOVE 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address HAROLD W. FETROW II AND KATRYN M, FETROW 1053 BRENTWATER RD" CAMP HILL, PA 17011 4, Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above, NORWEST FINANCIAL DISCOUNT COMPANY ADDRESS UNKNOW ~ , - ~ ~J ' ~I> .:.~, .4 ,~ -iii ~>, , ,5. Name and address of every other person who has any record lien on the , property: Name Address NONE 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT, 1 COURTHOUSE SQ" CARLISLE, PA 17013 Domestic Relations Section 13 N, HANOVER ST" CARLISLE, PA 17013 Commonwealt~of PA, Department of Revenue Bureau of Compliance, Dept, 280946 Harrisburg, PA 17128-0946 7, Name and address of every other person of whom the plaintiff has knowledge who has ~~ny j~nte!.e~t:_iIl_tl1e propeEty _:",~ich may ~be_~J:fecte_d_l:lY__, "'--the sale: .,. Name Address Tenants/Occupants 20 Big Horn Avenue, Mechanicsburg, PA 17055 MARK J, UDREN & ASSOCIATES I'! :l ifi I,:j Ii I~ I:: i ;,~ I verify that the statements made in this affidavit are trtie and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. sec, 4904 relating to unsworn falsification to authorities, DATED: June 30, 2000 ;i ::i ~ Mark ,J,-,Udren, ESQ, ,--,.. Atto{ney for Plaintiff ;';;'>"',d.~~_:" m.r~",""""",.._I""~""-"'1Wllj~!i~iiiI!t~ . ,-"",':"'~ ~~ ." - "'J.' ~~'-- -, "H"~ = . , , (') a c c::;, :.~~ -o~ ~ nl(!~ ,,- Z [~: r- :Zr" C/) '->- -<: '" - ~~~ ~l ~'''' Pc ~y :z: =< eJ'l ~ ~ ~ ; ~ , --' ""'-'- lL --""""""'--'<:>_"","-.~'" ~, " , "! \ > '" LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HIlL, NEW JERSEY 08034 856, 482 , 6900 FAX: 856, 482. 1199 MARK J. UDREN" STUART WINNEG"" GAYL SPIVAK ORLOFF*"" HEIDI R. SPIVAK... CHRISTOPHER J. FOX""" CORINA CAN/Z".. ALAN M. MlNATO... .ADMlfTED NI, PA, FL ..ADMl1TED PA ...ADMl1TED NI, PA TINA MARIE RICH OFFICE ADMINISTRATOR FREDDIE MAC PENN8nVANIA DE,<;TGNA TED COUN8EL PRNN.fi:Y1.VANTA n1l1l1CR 215-568-9500 215-568-1141 FAX PLEASE RESPOND TO NEW JERSEY OFFICE June 1,2001 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Re: Norwest Bank Minnesota, N A ,vs Virginia A Hatton, et al CCP, Cumberland County, PA, No. 00-2906-Civil Dear Sam: ~f~)~~1>, J f~"7\es. ~ ~~e\ This letter, in response to your letter to me of May 16, 2001, will confirm that the above captioned matter has been settled as follows: 1. Norwest Bank Minnesota, N.A. will pay over to Brett Lechthaler and Kevin V. Anderson consideration if the total amount of $15,771.60 as settlement in full, 2, In consideration for the payment of $15,771.60, Brett Lechthaler and Kevin V, Anderson will assign their December 6,2000 Sheriff's Sale bid over to Norwest Bank Minnesota, N.A" its Nominee, Successor, or Assign, 3. The Sheriff will distribute the sale proceeds in the approximate amount of $4,771.60 paid over to the Sheriff by Brett Lechthaler and Kevin V, Anderson, net of Sheriff's sale costs, to Norwest Bank Minnesota, N.A. as the judgment creditor. 4, The Sheriff, once the bid is assigned, will prepare a Sheriff's Deed over to Norwest BankMinnesota, N,A., its Nominee, Successor, or Assign, >..,~]j' " , . '. -'& \0 Samuel L. Andes, Esquire June 1, 2001 P,2 5, Norwest Bank Minnesota, N.A" Lechthaler, and Anderson, agree to execute and exchange mutual General Releases, TIME IS OF THE ESSENCE. I have sent the Release out for my client's signature. The settlement funds are currently in my possession, You will send this "letter stipulation" over to Ed Schorpp for his signature, I have enclosed four original copies of this letter stipulation for original signatures for our records, and the one to be filed with the Court. Also, you will fmd the original General Release, and Assignment of Bid for your clients' signatures. Finally, the Flowers still have not joined in. Of course, I will have the case marked "Settled, Discontinued, and Ended" to all parties except for the Flower parties once the above stated has been consummated, Thank you, By: S inneg, Esquire Attorney for Norwest Bank Minnesota, N,A. AGREED: By: ark J, U , squire Attorney for Norwest Bank Minnesota, N,A. ~~ Attorney for Brett Lechthaler Kevin V, Anderson Martson Deardorff Williams & Otto By_ ~~ EdwardL,Schorpp,Esq Attorney for Sheriff Enclosure C.C. Edward L. Schorpp, Esquire James D, Flower, Esquire James D, Flower, Jr" Esquire "" "'" "'~UliliII~--rlri>a""~~Olli~'~Ii:JI~~"",,_1 Wij_~ ,. .~.~~'"~.,,, ~- :I!!i .... o C <- -get n;fT"": ,7:i, '2r' :~~~~ .<\..,..... ;F=-c: :~(-.~ .Pc ~ ", i:--", ~ t,_ ,f'" JUN ,) ~", o ,- ,- .~-~. f"0 C", 0> ':AI (..;l - '~ . i .. -./-, ~ . ,'1"' , !'~' (-:) '.I ::;::-~ :a -< . ",I: -. -'-.- -.- -"--'-'--- ,-,_,,"-'n_'_-' - '~- < ~n," '.- "" '0 -,} . SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (7J7) 761-5361 22 June 2001 FAX (717) 761-1436 Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Norwest Bank of Minnesota vs. Virginia A. Hatton et a/. No. 00-2906 Civil Term \ l. 11 ~ ;1 [ Sir: Enclosed you will find a Stipulation, in the form of a letter, signed by the attorneys for the parties in the above matter, This Stipulation resolves the matter raised by a Petition filed by Norwest Bank to set aside the Sheriff's sale, I request that you enter this in the docket and place it in the file, If you have any questions or need anything further, please contact me at your convenience, Sincerely, L, Andes amh / Enclosure cc: Stuart Winneg, Esquire Edward Schorpp, Esquire James 0, Flower, Esquire James 0, Flower, Jr" Esquire ~" l~_ .,... MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P,O, Box 24737 West Palm Beach, FL 33416- 4737 Plaintiff v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) . - ,~~Itw!, ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO, CO - ;{'1DIc, C;uLl 't~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or, for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 --d? (j], ' (ff) ( ~ r ~\ l ~[~ l - , l!'_I,"~-'-, AVISO Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda, Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted, LLEVE ESTA DEMAllDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 or 800-990-9108 , ~ I, _-.~"''''" NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached docUll1ent. Unless you notify us within 30 days after receipt of this Notice and the attached docUll1ent that the validity ofthe stated debt, or any portion of it, is disputed, we will assUll1e that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment a~ainst you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continu,e the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN Is! Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 -- " Q" "~ ' ~..' "..-""""''''" 1, Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: LL Funding Corporation Assignee: Norwest Bank Minnesota Recording Date: 2/3/99 Book: 602 Page: 544 2, Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3, On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g), The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 20 Big Horn Avenue MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Allen Township COUNTY: Cumberland DATE EXECUTED: 5/22/98 DATE RECORDED: 5/29/98 BOOK: 1456 PAGE: 886 The legal description of the mortgaged premises is attached hereto and made part hereof. 4, Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by I', " ~" 1- ;"'1110.."" I" ~ "'*~'*'_""Oltiiil.i'-~;<:" said Mortgage itemized below, shall be immediately due, 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6, The following amounts are due on the said Mortgage as of 5/3/00: Principal of debt due and unpaid Interest at 9,25%* from 8/1/98 to 5/3/00 (the per diem interest accruing on this debt is $26.86 and that sum should be added each day after 5/3/00) $79,754,61 16,179,38 250,00 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 5/3/00) 1,378,08 Late Charges (monthly late charge of $41,20 should be added on the fifteenth of each month after 5/3/00) 864,32 Forbearance Balance (470,00) Other Fees 2,164.25 Attorneys Fees (anticipated and actual to 5% of principal) :\ 987,73 TOTAL $104,388,37 * The Interest Rate and Per Diem are subject to adjustment as more fully set forth in the Note and Mortgage. .-; - - .--,1 'MY_<"'_""",,",'h': 7, The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, accordance with the requirements of those acts, and the date appearing on the copy attached hereto as exhibit A, and made part hereof, and defendants have failed to proceed within the time limits, or has been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $104,388,37, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged p Mark J, Udren, ESQUIRE MARK,J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I,D. No. 04302 Ol;Ij;Jd"""",,-""""'-"'"" ALL THAT ClllR!eA:IN E'J:lllClll OR E'AElCl!lL OF LAND, SJ:TUATE m t1E'E'lllR ALLEN TOWNSHJ:E', ctlMBEllLAND COllNTY, E'ENNSnVJ\NJ:A, BotlNDEO AND DESCl\J:BED AS I'OLIoOWS: Bl!lGJ:NNmG AT A E'OJ:NT ON THE NORTHlllRN LJ:EN OF BJ:G HORN AVENUE AT THE I!\ASTEBN LJ:NE OF LOT NO, 51 AS SHOWN ON THlll E'LAN OF SECTJ:ON J:, M'r, ALLEN HEJ:GHTS; THENCI!l ALONG 'rHE I!\ASTERN LDlE OF LO'.!! NO, 51, NORTH 05 DEGllEES 07 mNUTES 00 SlllCONDS Wl!lST, ONE HUNDRED SIXTl!lEN AND FORTY-SJ:X HUNDREDTHS (116,46) FEET TO A E'OJ:NT; THENCE ALONG LOTS J:N TIlE E'LAN OF SECTION 2, ,M'r, ALLEN HEIGHTS NOIlTH 84 DEGBEES 53 MIN\l'R:S 00 SECONDS I!\AST, NDlETr-EJ:GHT lIND ZERO HUNDREDTHS (98,00) FllllllT TOA E'OJ:NT; THENCE ALONG THE Wl!lSTlllRN LINE OF LOT NO, 53 AS SHOWN ON THE E'LAN OF SECTJ:ON J:, M'r, ALLEN IlEJ:GHTS, SotlTH 05 DEGBEES07 M:I:NlJ'J!ES 00 SECONDS I!\AST, ONE HUNDRED SIXTEEN AND FORTY-SU: H1llIlDRED'l!HS (13.6,46) FlllE'l! TO A 1'OJ:NT; THENCE ALONG THE NOElTHlllRN LDlE OF BJ:G HORN AVENUE SotlTH 84 DEGllEES 53 M:I:NlJ'J!ES 00 SECONDS Wl!lST, NJ:NETr -lllJ:GH'l! AND ZERO HUNDREDTHS (98, 00) FlllET TO 'rHE E'LAC.E OF BEGJ:NNJ:NG, BlllJ:NG LOT NO, 52, E'LAN OF SECTJ:ON J:, M'r, ALLEN HEJ:GHTS, SAJ:I) E'LAN BEmG RECOllDEO J:N THE CT1MI!l!:PT."'lD COllNTY llECOllDER'S OFFJ:CE J:N E'LAN BOOK 18, E'AGlllS 14 AND 15, -'- . ~~L,. -'K~,_"",,_hh March 9, 2000 DATE: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is 9n offi~i91 noti~e that the mortgllge on your home is in default-and the lender intends to fore~lose. Speeifi~ inform9tion ahout the nature oUhe default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (JIEMAP) may he ahle to help to save your home. This Notice e'q)19ins how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CRRDIT COUNSEI,ING AGRNCV WITHIN 30 DA VS OF THE DATE OF TmS NOTICE. Take this Notice with you when you meet with the Counseling A~ney. The namll, address and phone numher of Consumer Credit Counseling Ageneies serving your County are listed at the end oHMs Notice. Uyou have any questions, you may call the Pennsylvania Housing Finance Ageney 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 CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDOESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMALLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of6 EXHIBIT A ~ J_ " ,<~;~il.---i..J. < ~ ~~ --, . ~ , lilifAli~_i\<"I<\';, HOMEOWNER'S NAME(S): VTRGIN1A A HATTON PROPERTY ADDRESS: 20 RIG HORN A VF.NTIF. MRCH A NTCSRIIRr., PAl 70~~ 30149868 LOAN ACCT. NO,: ORIGINAL LENDER: CURRENT LENDER: 1.1. FlINDTNGCORPORATTON NORWESTRANKMTNES.~OTA, No\>, AS TRTJSTTI.F. FOR TRF. !lOllTlJI'lJlN PAC$C SF.r>;IlRF.D ASSTiiTS CORPO'ATT01ll,MORTr.A~F. r.O~l\I ASSF.T. Ro\>CKF.DPASSTTTROT1GH l'F.RTTFlCATF.S SF.RmS 1998-2 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY RE EUGTRI,E FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOStTRF. AND 'HEI,P YOU MAKE FlJTITRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TBE"ACT"), Y()U MAY BE ELIGffiLE 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 OTllEll ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSITRE - 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 that 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, THTSMEETING MUST OCCITR WITHIN THE NEXT (.~Q) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIST A NrE, YOU MUST RRING YOUR MORTGAGE IJPTO DATE THE PART OF THIS NOTTrE CALLED "HOW TO rImE YOlm MORTGAGE DEF A lIT .T", EXPLAINS HOW TO RRING YOlm MORTGAGE IJP TO DATE. CONSUMER CREDIT COITNSEI,ING 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 name.~, Rilil"""~e!;; and telephone numhet'll of designated consumer credit C'.ollnseling agencies for the county in which the property is located are set forth at the end of this Notice, It is only necessary to schedtlleone face-to-face meeting, Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in defatllt 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 Prowam, To do so, you must fill out, sign aIld 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 APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Page 2 of6 ~~..~L ~, .~_"""""'-"'O ~ > ,~.I~,~.......' '" " ",-" .....~. '"' -......."._i"',... . """iJ>.~ ~~~, jllu'~~ -....l. .l, . .- ~. 1- , ,"~ ., ,........,""'"~.'.'~,411>.,iJ..II;1;1j.-, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the, Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency 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. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have IDed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE VOIJR MORTGAGE DEFAm,T (Bring it up to date). NATIJRF. OF THR DEFAllJ.T - The MORTGAGE debt held by the above lender on yourproperty located at: 20 Big Hom A venne Meehanieohurg, PA 17055 IS SERIOUSLY IN DEFAULT because: A, YOU HA VB NOT MADE MONTIUY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payment nfS823.91 for S~tp.mher, 1998 thmngb March, 2000: S15,654.29 Monthly Late Cha~e' oU41.20 for S~temher, 19911 thMUgJI FehmaQ',2000 : S741.60 Other charges (explain/itemize): Deferred J.ate Charges,: 541.20 Otbllr Fees: Sl,949.00 ' F..crow Advanr_: Sl,.i711.011 TOTAL AMOUNT PAST DUE: S19,764,17 B, YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot applicahle): N/A HOW TO CJJRE THR DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TH)i; TOTAL AMOUNT PAST DUE TOTBELENDER, WHICH IS $19.764,17, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH BECOME DUE DURING TIlE TIIIRTY (30) DAY PERIOD. PaymP.nm mnlrt he mRtip. either by (".ARh, C';RRhiP.r'R checl(, Mrtinp.d r.hP.r:'k nr mon~ orner ~Rtif": payable anti Rent to- Mark .J. JJdren & Associates 1040 N. Killgll JligJIwilY, Suite 500 Cberry Hill, N;J 011034 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not lI"e ifnot applicahle) N/A IF YOJJ DO NOT CIJRE THF, DEFAJJJ.T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, tbe lender intends to exercise its rigbts to acr.elerate tbe mortga.ge debt. This means that the entire outstanding balance of this debt will be 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 instroct its attorneys to start legal action to foreelo.e upon yonr mortgagl'd pmperty. Page 3 of6 ,eo" ' M-~_iIl"'~~.~~ ~-"'~~ ,- ..'-' ""- mol l~Lj ~~ ""J= "I '" ,...IH'fl..,,,,r;.iw~~,-,j~} IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, llyolI cure the default within the THIRTY (;111) DAY period, you will' not be reqJdred to pay attomey's fees. OTHF.R I,ENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, If your debt has been discharged in bankroptcy without your having reaffirmed it, then lender cannot pursue this remedy, RIGHT TO CURE THF. DEF AIlI ,T PRIOR TO SRF.RIFF'S SAI,F. If you have not cured the default within the TIIIRTY (30) DAY period and foreclosure proceedings have begun, you "'ill hRve the right 1n cure the e!efRult Rne! prevent the ""Ie at any time lip 1n one hour before the Sheriff's Sale You may do llO hy paying the total amount thP.T1 pa.~ duel pln~ any1ate or other r.hSrtge.Cl; then due, TeAlIDnahle a1t.om~'~ fee~ :mrl {",mrr.Cl; connP.clp.rl With the foreclosure s.Slle :mil any other cos.ts. C".onneclen with the Sheriff's. Sale 8!l: Rpecifiec1 in writing hy the lender Rne! hy perfonning any other requirements une!er the mortgagll, 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. EARI,IEST PossmLE 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 6 months from the date of this Notice, A notice of the actua1 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 I,ENDER: Nsme nfT .enderISprvieer! Address: Oewen Federal Bank, FSB 1675 Palm Beach I,a,kes Blvd., Suite 5A West Palm Beach, FL 33401 800/310-9229 N/A Steve CeppagJia Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SAI,E You should rea1ize 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 started by the lender at any time, ASSUMPTION OF MORTGAGE - You _ may or-X- may not (CHECK ONE) 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's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of6 do -' ..... =~_..,"",-~""","<<-,,~.,< NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information thatis required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of6 '- ,~.,~~ ~'. _~_"""'o",""~ " ,j,', ,~ ,~- - I-~ - ...."""_,'''"'-,.iL.~:ti'' YOU MAY AI,SOHAVF.TImRIGRT: . TO SELL THE PROPERlY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTlTUTIONTO PAY OFF TInS DEBT, . TO HAVE TInS DEFAULT CURED BY ANYTIllRDPARlY ACTING ON YOUR BEHALF, . TO HA VB THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE TInS RIGHT TO CURE YOUR DEFAULT MORE 1HAN 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. CONSUMF.R CRRDrr COUNSRLING AGENCIES SRRVING YOUR COllNTY (Fill in a liot of all Cnun""lhlg AK"nciP... 1i.f1!d in. A.op"ndir t; FOR THE COUNTY in which the property i. locaf1!d. using add/tlona/pages if ner.esmryJ CIIMRERI.AND COllNTY CCCS of Western Pennsylvania, IDe, 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services ofFranldin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle St, Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Urban League of Metroplllitan Harrisburg N, 6th Street . Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Page 6 of6 ~,. , ~09: 3400 0001 ~~, ~i ~ '" "'" _ 4354 7769 ~i/""'~~~ i ~i f "p~:....l .. iia .. ti ~lil ~ ~I!. ~ lm.1-.~ ~ -5? -~ 0 (~.~?~ AD j~~g a , .'f" C'l: - Q " ..~ ~,~ & (I r- i-ri'F' [ i! !* I;!' ;!' ~ 1~':s. III Gill -rcp~ * K ,. fl * ?+d 9' - ,F,J/-> ~ i:tJ< 0 F-l?3 ;c= is ~ l:i : - ,..j" ; ,0 ~! 0t i'- : I~ , ' I ~ ::s: '/'0 -<.. F D D """l :s-~c..s::> p \.N -. -< r -. ::) --' Ls:> -' ('>. p" ~-6 >- C' -.;;" . (~ :) ;t.... ~ ~:\>-e-!;; ~ < -T c= 0 ~ :> (C::> o or. ~O~ ." ,,0 ; ~ ;> -J = (JI 01 i: () o~ ffi ~F- ;11 zc:r- :0 . CJlo -< CIl2S,:U ioiI! :r!;zm"'" ;:iT!G>z2 _ C1I CIlllOjf c8~~O g 28m o <0 ~ ~> m -v -v IT" .... J oo..a> .. ...001'> (1'0....\11 ll- llOV' fII :Co 200NlltO ~~~\ ~ ~ "lj e t:ll ~ ; ~'tl ",000 .t-ClN ,;,':';'0';'" --, "0 - '";;: ., " g ~ ~il-.;~~-n "~- · ...- ,. ~ i! ~;"i'~' gf" h~n? ~t5 fi fi~ ~ ~ ~ ~~ : ~ ~ ~i .U!l ~5'~~!l !tz ~ ~il' ~ ~, 5 3S: : ~ '" f!.~", ~"'~ n~o'!Pf!! [[" &!t.g !!oiii' [ ~ .. oW _~,., ~. 0,"'0:0 ;;:;;:'" c.';;:'" ( 18 CiS mo-g :fjS-o ~3d15t6' iij)> !!!. !!!3Cll S. a a:"'~ l~ w _ 0. _ m ,,0 "~".. 0 ~ z - ~ 0. C . m"" " il =. [11iii 1ig," oif30!!!. ~CJ" 35'!!''O a~!!!. (, . '" _ . Q o'~ it ~ ~'&l:Oil' 0 m 5 ~ Ii- ~ g ~ '6'- ! ~ OJ 1[0';' ito." 0,. :&" g CJ ;;; o~ -< 0. :::. -~ ' . n."-"'~ 'O~3'wo<z ","'0 CI ~ ~ g.-g[~![ ~~~:oi!' ~iii ~ ~ ~~'';; :5. _ . W ",_<' c ,,~'" ":0 0" 0" ~ 0 ... .. 03;;: ~),. C3m~3 5'> ". !l " CD 6. c..ro~ -<;'~~..f ~JJ!!H-. ~G:I 0' g :7 3 !1 "Cl ~~... '-.a C/)~o~ ;m -l. ~, OJ "',;;:'~ ~.;, '0"".' o.-!l' "0 '2. '" .' '" iff g"'~'- ,,'" '<: g . ~ rr:::;;'S Ql,a:- 3:D:S~ :l:J"O n'_ E.. Dr ~ _ ~Dl- Q!(D,o, lll(l)~ a CIl..JJ iil~ - _. '"' (II CO,I. ::\...c8."Q.ll) 100 rJl'--< en _ <"00. ....... "'15 m"" ",,'< ,Ill;:;: m !',' :E "'0 m '" W 0. ' "'- 0" < ' ::r :r!!t.~. Q s- g (iill.l m f{'~G ~:!! cr g: l~ ~~ g?<i~~ ~~ ~ ~ ~ I 3 d'l *0." o'~'O il e - ill Q " ,I:, ~ . g ~ 0'0' \I~ ,,![~ "'50 5' m i1: f =!l- . _ ,,0'0 m" "0 I ~ .. o.ii~ 3ii ~~,g!lO' () "- ~ '<i I':;. ~ ill 3CJ~ !!o 0. fitS !'\ 3 ~ ~ ~ S' f'J.!'\ ~ %ll. ;;:&'\l !!ta ~ f'J." a 'f'''' sa ~!l" !!om O'~ fl: 0. ;l' ,,=. mot _" ._o"m ' 0' ...::! o.m ,.,w o..~~:t! ~ '" I o' S:!!l ,,$ "~!ll :Oa f'J. .:< ~ !!o, 0'0 "'O'O'~a;;: i CD... in...CD3_0 "T\ ~ ! " '" :c ' ' $ DOl'" _ _ m a ~ l s. E. il. a d ~ Ii' 3: ~ ~~ = a ~ 3: CD .-f:-, < - e, I.>> ~ - 0'\1 ~ Of 0 ~ dg' .!!, !' ;, m H ",- ... + ." !" '" 6' :>i 3 " ;; '" i!' 0> ~ 3 ~ !\ '- '" i '< ~ co [ co co ~ ~. ~ "...t oD ~....c m-S:> 5' ~w 3 "'" f.a> "'<::> C> D i<l ~ iji l' ~ + ~ -5- o -<; cP -, ::> :s: F G> ~cW -. -. p a ~)- 0;::) "'\ ' c: .:s ;:t:.. ~~~ ;IS g cr ;::r c :::5 8i ~ 0", ~ o t ~ ;;: ~ ~ 0. ii' . . . i!f. g ~13 "''''0 n OAf ::::!.CDo CD :::)osta33" fL st::rel'<.;:o."'O a. cpg:~g:::Gi" ~ i!l'1!r 1I> ~ :II iii;, '~ a"f'~ii _ ""a ~ ".3 R .{g cri.D) ~~ D) :t c:: ::I Co- fil1l>3"'O.!" '0 g~~~! CD 0 CD ~'Ci5 a/ ~~~ lli~!": !IJ ..." a. 0 (fl :!:;' ill''' i13; 3~i-8 % F ~ ~.g _. CD - !l ~ ~ :'" !' >< "'.. rlilr 5fl~ ~~ ~~ ~. ~ ~ ~~ m - O"~ "'.. ~ ~ " '" i ii ~ .." DODD ~tp -< ..~ -..' ,) "..:.......~::.. , -lJO_ .".. Ii \' ~. CD V1 ~ .;,,:,...~ .. ~ " -..Jw :t~ . * ~; m . 2 OUNJ~o ~ f !ilW",'" ,; ~. , \ ~~ !8 ~.~ t I , 0 I, .- ~~ ~ ;~~ .r-ON ~ "~ 70"1"1.3400 0001 4354 773& ~,~: < -- , ~ ijj LS::> 3 US' :J ~ ~ ~-> p d >- E :5 :, cf) ~ -~ ;: =t: (";i 0 ("'" :> -r ::J D- Bt ~:Il ~ Uh 30 33 ~~~:II Q i!t i~ a 1l!i .Em. = cy E;-< c:'S !. a !i ii iF ~ * o I , ~ o "':0 J: O~ !ll a~ :II ;Z:C:5: -<~2S~c J:-'zmOll; I=nlG>ZO . cnCJ) SlG:II ~g~~~ g :28en 8 :;::0 .... .-> -<..... m en "" r- c ..II ..II lJJ .s= c c c c C ".. .<= lJJ In .<= "" "" lJJ '" ~~~...,,~.-~'-'>,.,.,-""'("""~ '- ~, ~- ,. ~,: f: r ;i'.. ,,~ - __ M~ ~""""", ~ - (I)::iS: ~. · 61 '1:1 mn~ · 3 g ~ ~ ~ i!,3' .ii ~ ..,,0. - - -3' - " ~ i!~S'n~ ~;~~~ ~5 ~ f;''g )>:::~ '} !? ;!;i UI =J, 3m !!::J ~5'o.::J"C-~::J ~- ::0; a.~ ;jl !!!. E: 3::s. " ~ .. "w w ~ '~ -" _z.. ~ 5 "," -, [ ~ go 9:g,,:!l:'ll: ;;~-;jJo'il: j.!l~ 0. i!,:< ~ a.g' ~ii' i\ lli ;\l il!!'.g :>l~if it; 3'g.if ~~ ~ ~i!' a ~ ~.E'" K i ~ ~~il' !!Q'a 3€3~n5 0: 3~' n n~ ~ i ii il-~f;' ~~~ U~~_i g~ ~ ~H ~ f-~~ ~ . " _, a, Q.~ "0' -=', ~ .0 "z" .. - ~ ~ !!. ~"O '" .-.<g 0. "'irS'":O 0:< ., c; @ <' g !i! [ 10. ~g 0. ~a!!' ~ C'9'iri!i. ~ m .. ~ ,. ~ ~ c;: g: ~3S: h.~ ",3.~5 5'~ ~ il'!i " co c.~l!!. ,,0.'< ",,,~n'". '" 0 co c. ~ _. ,,,,': '0. ,,~:o 0 m il' 0 ~ 3 .. ." 31 '. a;~ "'00'.." ' 3 m l!!. :: ~<ii ~ ;.,' '8-[~n ~i' ~~ '0 ~ 1 g Jl...~ ...,. !!'.,,~g_:;; ~ g 0 [ _ "'~ a;' !!~ ~Jll 0.,.'3 .Ii 3J'" A; it m "" ~"Oo. ~iI:' ;<ol'.~'a~'lll '" rc I ~"i!! 3Q~' ~ii18~-~~ H : I " . ~p. ~ i g,,~.Q 0.0 ~ 'i' ; 3 l~ ~Co .... c;l1Il 3 Si ~:e ::J Q . ~ ~gm il'S' f;'~~b"'9' U ~ ... c5 ::J g;m 3" am -g m a. n l!!." s: '< li3 Com"C ::T ~<(/I!l" m 01 D.'I 3 m ~[J) A(lIiit~ ! 3 ~ ~ ~ ~ 1"~~ n ~~'il!a ~ 1" g i 'f'" 5- ~ ~ ~. S' 0 So 0. '!l [ ;: e. i!,9' ~a; .~O~~ ~ 0' ' ~ < ~ ",m 0 l!!.O~"O ~ ,. , ~. ~!'l :>'~ ~,~ ~ ir" 1" '" f =. il'g ::il'9'~!1. ~ i 0....m::Ja Q := i '" ~ ~~')8'.W ", !.l'i n~, ~~l-~~ ~ D. ~ ~ l" !!, if s: 16 ~ ! ~ . ~ i ~~~ ( J1 P ~~ '"" .e. P 3 iii ,," ~ H ~\)Q, ,. ! 0 ~ 't' ~. l' . a j ~ m' + dl ~ '" !Xl ~ ~ 1; 0' .. z 3 !l' ~ '< [ ~ 2 ~ ~= C> '- " '" ~ 18 o o i 5' ~ o 3 ~ C> i1IC> i c ~ + , " !" ~ ~ ~ r" 0:0 - :3 (s>. =2 'i=' p' ~~>- E. -. . _'5 '5 x:... j~~ ~ -:-) d 5 ~ :) 01'\ U1 Q'> :::r b !" ~ - " ~.~ "''''';"~",,,"4''C ,... .,. . ~ !<?;!'l "0""0 ~ 0 1D...+5o(l) 0 .~ :J 0 :;r,r+ 33" ~ st:re,,< -,,:..,,- Co CD ~::E,g ::;;"S[.: m a- (D ~'.'" :tI (t) .-, l!. aLl ~~!!ii' .. ::::;:0. ',m ~"...3, R {Il sal\) ~ I>> _c:J >> o:::r3o.01\) ~ CD !iU: .' !Ii if CD Co < ['.'., 3 ~lilii!~ ",.. ;:; So a: en . ,: rnCD:T~g~~ ,<:TO) 3gCD~B ~. ~. .g ~. ~ it SO (D CD' .;:0, P >< " "In n:ifi ~J U, 0.0. ~m U !~ "'ij' ,[ 3 ;>> f " i!, !i' l ~ ! ~ en <5' " III o il ~ '" DODD ifm'~~ (!l ~~--~ " ' ~-~-",-.;;~;" V Po R I F reA T ION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents; The undersigned understands that this statement herein is made subject to the penalties of lB Pa.C,S. Section 4904 relating to unsworn falsification to authorities. Mark MARK Udren, ESQUIRE UDREN & ASSOCIATES ,.(,,,--, < -, ~ -:WiJjli!> _ !""""",r-- ,-, 1EUlMJ~~llll.l-!~l~I~*'-l:mfu.,klh,i~~ ?? r? tt- /k. ~ .() ~ ~ f' ~ .t ~ ~ b ~ I ~~ J - is. ~ lr) CJ _0,__'._ ~ ~. liiIllIIi - (') <:::I 0 C C1 -",1 -~ ~ '-l -rJ ~fl ;:L:~ ~~ :n m r:~ -< z: ,>~ , -.fTl -,', r'" ~~ (/J '"'' ID g -< t:',) ~i "0 C:' -,'''" .' 'j; v '>? c:. ~ L_ Cu =2 :.l' '... -< ~ .' , = '='.","" <', 1-1Illi>._~H;!I; JAN - 8 2001) " MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v, Virginia A, Hatton Defendant . : NO, 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner N orwest Bank Minnesota, N ,A" as Trustee's Petition to Set Aside Sheriff's Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside, It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J, cc: Mark J, Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions , Kevin V. Anderson, Appraisal Solutions Virginia A, Hatton James D. Flower, Esquire James D, Flower, Jr., Esquire -:.'"" ""'"il!itiiiliil!filiUl,~' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS mGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant RULE TO SHOW CAUSE AND NOW, this day of ,20_, upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may me an Answer to the Petition on or before 3, In the event of a response, the Petition shall be decided under Pa,R,C,P, No. 206.7 and Cumberland County Rule of Civil Procedure No, 206-2, 4, Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwhile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135, BY THE COURT ,-, "~ ., "', ~',""b~i~'1i- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS mGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County v, Virginia A. Hatton : NO, 00-2906 civil term Defendant PETITION OF NORTHWEST BANK MINNESOTA, N.A., AS TRUSTEE TO SET ASIDE SHERIFF'S SAI,E OF REAL PROPERTY PURSUANT TO, INTER ALIA, Pa.R.C.P. 3132 Plaintiff/Petitioner Norwest Bank Minnesota, N.A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass~Through Certificates, Series 1998-2, by its Attorney, Mark J, Udren, Esquire, respectfully petitions this Honorable Court to set aside the Sheriffs Sale of December 6,2000, pursuant to inter alia, Pa,R,C,P, 3132, and in support thereof, avers as follows: 1. Plaintiff, as first mortgage holder, and judgment lien holder/creditor, foreclosed on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055 (hereinafter referred to as "property") and subsequently scheduled the property for exposure at Sheriffs Sale, Cumberland County, PA, for December 6,2000, 10:00 a.m (hereinafter referred to as "the sale"), 2, Prior to the sale, foreclosing counsel, Mark], Udren & Associates, retained the services oflocal counsel, the Law Offices of James D. Flower, Esquire and James D, -" ~~m ~.'-~~d~f)'. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF COP\ ~.. ,"-----,~~-,...=.- Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 .; Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v, Virginia A, Hatton : NO, 00-2906 civil term Defendant PETITION OF NORTHWEST BANK MINNESOTA, N.A., AS TRUSTEE TO SET ASIDE SHERIFF'S SAT.E OF REAL PROPERTY PURSUANT TO, INTER ALIA, Pa.R.C.P. 3132 Plaintiff/Petitioner Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed PasscThrough Certificates, Series 1998-2, by its Attorney, Mark J. Udren, Esquire, respectfully petitions this Honorable Court to set aside the Sheriff's Sale of December 6,2000, pursuant to inter alia, Pa,R,C,P, 3132, and in support thereof, avers as follows: 1. Plaintiff, as first mortgage holder, and judgment lien holder/creditor, foreclosed on property commonly known as 20 Big Horn Avenue, Mechanicsburg, P A 17055 (hereinafter referred to as "property") and subsequently scheduled the property for exposure at Sheriff's Sale, Cumberland County, PA, for December 6,2000, 10:00 a,m (hereinafter referred to as "the sale"), 2, Prior to the sale, foreclosing counsel, Mark J, Udren & Associates, retained the services of local counsel, the Law Offices of James D, Flower, Esquire and James D, - r lobJ._ " .~ ~ -"'''''''""",)}",''<c Flower, Jr., Esquire, (hereinafter referred to as "local counsel"), to appear on behalf of the Plaintiff at the sale of the subject property and bid up to a maximum amount of $95,625,00 on the subject property, 3, Local counsel agreed to appear at the sale on behalf of the Plaintiff, and local counsel was then timely provided "bidding instructions", with instructions to bid the amount of $95,625.00; and furthermore, local counsel had confirmed their receipt of the bidding instructions, 4, Inadvertently and/or negligently, local counsel, although present at and in attendance at the sale, negligently failed to bid on the property on behalf of the Plaintiff at the December 6, 2000 sale of the subject property, 5. Although the Sheriff was aware that there was no representative at the sale on behalf of the Plaintiff, and that there was a lack of competitive bidding, the Sheriff negligently allowed the property to go to sale, and be sold at a grossly inadequate price, 6. Upon this office receiving notification from local counsel that it did not bid at the sale on Plaintiff's behalf, the undersigned counsel immediately contacted the Cumberland County Sheriff's Department who advised this office that the property was sold at the sale to a third party bidder, Brett Lechthaler of Appraisal Solutions, for the amount of One Thousand Five Hundred ($1,500,00) Dollars, which amount came forth as result of a lack of competitive bidding. 7, The approximate fair market value of the property is $115,000,00, while the judgment in the foreclosure action was $106,093.03 as of July 14, 2000 pursuant to Order of Court, True and correct copies of fair market value amount and judgment amount are attached hereto as Exhibits" A" and "B" respectively, 8. Therefore, at the least, Plaintiff is looking at a minimum loss of $94,125,00 (the difference between the correct bid price and the actual purchase price at the sale) while the third party purchasers are looking at a windfall of up to $113,500,00 (the difference between the approximate fair market value of the property and the purchase price of the property), having been unjustly emiched at the, expense of an inadvertent and/or negligent mistake by local counsel on Plaintiff s behalf, ,'-_. -- - ,-- " ';' ~ '~ ~ -"""-," """'rtdilill~M,;IUili" 9. As a result of the inadvertent and/or negligent mistake by local counsel in failing to bid at Sheriff's Sale, the Plaintiff seeks the setting aside of the sale of December 6, 2000, pursuant to, inter alia, Pa,R.C,P, 3132, so as to re-sell the property at a newly scheduled Sheriff's Sale, affording it an opportunity to correct the harmless inadvertent error and recover the, monies duly owed them, 10. The conduct of the sale was negligent and/or fraudulent as the Sheriff allowed the sale to continue, despite the Sheriffs knowledge of Plaintiff's absence at the sale, said sale now causing the Plaintiff to suffer the exorbitant approximate loss of $94,125,00 plus ongoing attorney's fees and costs in the pursuit of a remedy to stem its losses, 11. The Sheriff knows that at Sheriff's sale set up by a Mortgagee, the Mortgagee is always in attendance to insure competitive bidding and adequate price at sale, This is common knowledge throughout all the Counties of the Commonwealth, In fact, it has been an ongoing custom of many of the Counties to stay or postpone a sale if the Mortgagee is not present at the sale, thereby protecting both the interests of the Mortgagee and those of the Sheriff, This sale should never have happened, 12. The third party purchasers will neither be harmed or prejudiced by the setting aside of the sale and the ultimate re-sale of the property as they did not purchase this property as future residence for themselves, only as an investment. The third party purchasers are investors and buy and sell distressed properties as part of a business enterprise; and, inter alia, they will have a fair opportunity to openly and freely bid at a new Sheriff's Sale, 13, The Defendant will not be prejudiced and/or harmed by the setting aside of the sale as the property, pursuant to law, has already been foreclosed against her. 14. The only prejudice to be suffered if the sale is not set aside is that of the Plaintiff as the [mancialloss suffered by the Plaintiff as a result of this foreclosure action approximates at least $106,093.03 (the amount of Plaintiffs judgment) and therefore, the failure to have the sale set aside will reinforce this loss, However, if the sale is set aside, the Plaintiff can reduce its ongoing loss by at least $94,125,00, the difference between the actual amount to have been bid by the Plaintiff and the actual purchase price of $1,500.00, - ~, ~~~IL L, --'" ~ .~'~",,~"J""./' " 15. But for the negligent actions of the Sheriff and local counsel, the third party purchaser would never have purchased the property, or at the very least, would had to have paid a more reasonable value for the property, otherwise, the property would have been sold to the Plaintiff as attorney on the writ, who would have then privately marketed the property at its fair market value to stem its losses. 16, The Sheriff lacked the authority to sell the property. 17, The Plaintiff, by and through its counsel, attempted to resolve its apparent differences with the third party purchaser, Appraisal Solutions, prior to the fIling of the within Petition in accordance with Cumberland County Rule of Civil Procedure No, 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasions, 18, The Plaintiff, therefore, seeks herein, the setting aside of the Sheriff's sale of December 6,2000 for, inter alia, the following reasons, as more fully set forth hereinabove: a) To forego its significant loss in this foreclosure matter by having the sale set aside and allowing the Plaintiff to re-sell the property at a new Sheriff's sale to recover the approximate $94,125.00 loss due to the inadvertent mistake of local counsel in failing to bid at sale on behalf of the Plaintiff; and b) Due to gross inadequacy of the price that the property was sold for at the execution sale; and c) Due to lack of competitive bidding; and d) Unjust enriclnnent that, if the sale is allowed to stand, the third party purchasers would be unjustly euriched in the approximate amount of $113,500,00 (difference between the purchase price and approximate fair market value of the property) as more full set forth hereinabove; and e) The Sheriff lacked authority to sell the property; and f) For reasons of equity and justice, to correct the inadvertent and harmless mistake of the Plaintiff, and allow the Plaintiff to be in the position it would have been in but for the inadvertent and/or negligent mistake of its local counsel, which position would not harm and/or prejudice the Defendant or the third party purchasers of the property. , . - ~ ^ - ',. 'I, ~,,'"-"" '1!ijj'''''.I<'''''~I~",j~kil.-' 19, The equities are overwhelmingly in Plaintiff/Petitioner's favor and therefore, because the Plaintiff has established proper cause, the Court, as empowered by, inter alia, Pa.R.C.P, 3132, should do what is just and proper under the circumstances: set aside the Sheriff's sale of December 6,2000, and allow the Plaintiff to proceed to set the property for a new Sheriff's sale date, and enter any other Order which may be just an proper under the circumstances, Pa,R,C,P. 3132, Respectfully submitted, / MARK J, UDREN & ASSOCIA 'o~ ~-'"",",',J_o VERIFICA TION Mark J, Udren, Esquire, hereby states that he/she is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition to Set Aside Sheriff's Sale of Property and Brief in Support are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, MARK J. UDREN & ASSOCIATES // Dated:~ " EXHIBIT A '.. ~-L >kc'"~t.,~hfw , :"'..;-,-....". .. ~ ~ I' ,~ ""I~~.!iv:; " . ,~.. ..... ~-"". ~'" . ,',,r~: .~... ..'_' .. '. clARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P,O, Box 24737 West Palm Beach, FL 33416-4737 Plaintiff v, Virginia A, Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) . ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE ", ,:.-) ('] (" .z:: -.]l~' ~~ ~~\~; CD '-,i ~:Z: : NO, 00,~2906 civil. term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSID:R-.ANILASSESSMEN'l'_O.:LDAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 05/04/00 to 06/30/00 Late charges per Complaint From 05/15/00 to 06/30/00 Escrow payment per Complaint From N/A to N/A I hereby certify that Defendant are as shown above, accordance with Rule 237,1, a DAMAGES ARE HEREBY ASSESSED DATE: $104,388,37 1,622,26 82,40 0,00 TOTAL $106.093,03 (1) the addresses of the Plaintiff and and (2) that notice has been given in copy which is attached hereto. ~ J. ~SOCIATES Mar~ J, Udren, ESQUIRE Attdrney for Plaintiff \ AS INDICATED PRO FROTHY , . - , ~ I ,. ..~~lio/O~n,1 .... ... EXHIBIT B JAN 02 2001 10:50 ",,11-.- -" ~"W.";~~"~"'-"""",,,~,,,~,\ ., ~".'" P,01/01 I ~ ~:A..:.~~.rn ~;~I, ~.. ~ ~~" 7J.~1 '- .'"r' ,""~~':'~-~~, P,RGE;a3 :.. ~ , , CARTE:&.. -4SSET MANAOElIIIIEi!irT. .lIIc, ra"..) .....D."'.OO 01'11$.. ' ........... O.....moO" - -'" , (::salS) 4lIIa..oao "',l\J( "qRnOVllP~' VI"'Q'N~ fotA~ .....:; e...~"'UI C:8l'tN CMll.,....nu J12A "8, --.uA:~== DOIIUDDII8DDZ 7L~llrlll.q", '1II1JllIfiiiljii"Jii~.J1IIII'1 .: '-.QU~, PA "70s.. ,~!~'!~~1~11111111l11l!~'!!I~e~~U~~"J/JllfBI' - ~ IlIlolol:ll"'MlnPhta"'" . a t"~~~.tlftnMm 11'Il~ PI_toG c:T AO....O_.. U~a R U"B~?o 00 $0, --.' , .- , . [J,', PV"ftIllIllPfl""~. - ',. .. ItE'Otlll~. __"'_ ~....t.b\o U1U"'CI_ II .. .... !.~~~-' -,....-c;o_= C _II' ~Ih..,.....--....;..t -. "ilII_ I;'oftd~~ IS: ~:.ue~_.." . '_r~~,!'t:l:~ . ---'NlI"I!MP.lIli CON, fTII"'-. . -~~~!O? .' "'I!t'" ^lI'l!IN_ ".nA" Cl ".~' DI......._~ '0 . .'''''_M C 'U 'Mae a....p...ea... ........w ,.....,D.... ."". De. 0.-"".... :U~UJid I..:,,",.~. C!!lIfQ",.""ffn;;,:!lt &:;;.'0 ~""'S1_ ._ 110 '. '... ;roruttuDtS. _, "~''''.. >,- ""JIpronrlll rn ItI. Ot.:Ut.I".... AMI.~ .. tin v........ "ot. rc.r-IN ~'" 111 t""- ........o~""'~... "...,....". r,;,r........n f""""~. . I... -J ----x-....-_""'Ik,~ .. ,~]r:;:~ WI.~rrnnt...... r-rie... wI...11'\ r..., ~_~~ ...' . ___ Mo.uha"~"/^'-'Innl,","" ""'Nt. ~ ~I~., .~. '~'''''''''"Lr.U'''''~~t''f ~:. .' ~YQl't~J~11 "I V " ..IJ'.;;;vr'denv,,,,. I'rwt,.nmonffllllf_Uftl .....-._NiUlP""1 InrM'.n_ r_ . .'u" ~...~ ~1I"C!Wo ~_.. II ...,-." . , ,.,"" -, . fouO~...A"I'..-a.....AIlI!r'II\1!11..ft...."~al3J:l...WI...._ .._.A ~ritn .~a ,*.-w"n~w, Tn t I. "'t '_ft,., . -- "'. e , , ,o';'e e_~e - .n__ ....m ....~ -0 ..""noLo- >-' >~- -.t ..ww ~ - U ..... .-w__ ...."n..I1;.D ''''h . __"'en .......... ...e_'" - ~,,~, ~~e~"', i= :n'j;U~~~~~::.;;::t..lboe-"-~' e..__~::.""" by '<I.n.. _._~__ ___~ ~1lIII ~hr,,;.. ~u..ft rJ:."." ..,.,..M'. fte ft'" ,,,u,h1n voq'~ "..._ " " . If -" ,1'.'" b"::r "~vo:~ I.ri eh~~~:~"b Jt> e ...... ".V_Dm_blOw. ,"V".. eft. ,....." 25 _v~... "o,v e-' - oJ.- ~ = := u~ _. Su p~ aft "..",... _ __ ':"" ' ....n..'..._'..~....._, no ~~~.... ........a1k&. Ii.!:!e ~a.._ __..::''''':..., .',..:, , : " .., -. . - " .' a..... *=' -- .....-.;t.. "".l'!........". ... oal.:l0.l1.3"'~ ~..I...' .---. ~""_. ~""'PI~"_,__- r; "'~~~#'~ WWlUM *' .. ,~, .35 ... . .. """'- 9a(l .' ...- .. .. not, ~G on~ __ 1"10 ".ru :r............. qn..1R'i dtSba I; IS ""d.. " Q....ll.. Ii: .... ~ ... -.., Leriw~ '.Ii'.J:. . ~._""' IU.PII""_R ;;:::..".....':R~A~b'l!t!ltk;;:,~ll!oh '.....G.....~ "'11) <<578700 lat".... a"'lIn..,. .''''Qlia.~~; '. ~....u..1.Q.,gga ..."A'.. _.. S:US/OCl"t ~.~,....; "_~'!!I"'8""'_. .. IP' ~''I-fl.' ""~IG~"~~,~ .- .:', . 1a:1Irnl' .- ); ~'.' I,",:; - ~ .", . " !" ',..-:.... -.... ':~.. l~ ~ ..... .,. . , :" '.,- , ~~-l... '. "1" . . , \\*~ ':'.' -...... -.- -. or-/._ (jR~_Ji qq TOTAL P,01 L ~ ~"~L~' _lliI<;,,, ~ ~ -,"-'- , J, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CML DIVISION : Cumberland County v, Virginia A, Hatton : NO. 00-2906 civil term Defendant CERTIFICATE OF SERVICE I, Mark J, Udren, Esquire, hereby certify that I have served true and correct copies of the Plaintiff's Petition to Set Aside Sheriff's Sale of Property and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record, Regnlar First Class Mail Certified Mail xxxxxx Other (certificate of mailing) Date Served: J(;.(\v\'1Nf Y, ~ I TO: Virginia A. Hatton 20 Big Main Street Shiremanstown, P A 17055 Defendant Kevin V, Anderson Brett Lechthaler c/o Appraisal Solutions 19 N, Baltimore Avenue Dillsburg, PA 17019 Third Party Purchasers Cumberland County Sheriff's Dept, One Courthouse Square Carlisle, PA 17013 James D, Flower, Esquire 26 W, High Street Carlisle, PA 17013 James D, Flower, Jr., Esquire 26 W. High Street Carlisle, PA 17013 ,.. "",."~.~';.',-",,,- ..........nlj~'W'~,;~~,~;~~i>~;"_kj~$ffll"li&\l:iij:Wi? ~TIU I ~~__.he " ,,"- ~ (.1 '-' . - >;, 4 CJ 0 C) C -Tl =.:.... ....,1 U ~ ,i ITI L, , ~; t , " ..,~- :-? U:' , c..'-' -< (~} ~> "1) --,.;~ -' -~-~ ~:;. (") :X cOO, ~ .-' C': L. ('''\ I"rl j;:;' (~: 1''' C) ::;::;: ':...j 51 -< (-:J -< ~~ _ J , . ~ L " ~""-""~" JAN . B ZOW MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040N. KINGSIDGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N,A., as TruStee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff ATTORNEY FOR PLAINTIFF . : COURT OF COMMON PLEAS : CML DIVISION : Cumberland County v, Virginia A. Hatton Defendant , : NO. 00-2906 civil term , , (j ORDER AND NOW, to wit, this day of , 20 , upon consideration ofPlaintifffPetitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff's Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, P A 17055, is hereby set aside, It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the PlaintifffPetitioner. BY THE COURT: J. cc: Mark J, Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V, Anderson, Appraisal Solutions Virginia A. Hatton James D, Flower, Esquire James D, Flower, Jr., Esquire - ~ ., I , '"~ """,,,,,,ll;~W4',~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CML DIVISION : Cumberland County v. Virginia A, Hatton Defendant . : NO, 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration ofPlaintiffJPetitioner Norwest Bank Minnesota, N,A" as Trustee's Petition to Set Aside Sheriff's Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside, It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the PlaintiffJPetitioner. BY THE COURT: J. cc: Mark J, Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V, Anderson, Appraisal Solutions Virginia A. Hatton James D, Flower, Esquire James,D, Flower, Jr., Esquire . I. -~ - ~- ~,~ ~';"~~,,j MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton Defendant . : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A" as Trustee's Petition to Set Aside Sheriff's Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside, It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner, BY THE COURT: J, cc: Mark J, Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V, Anderson, Appraisal Solutions Virginia A. Hatton James D, Flower, Esquire James D, Flower, Jr" Esquire - _ _.' .J~~~ -""".''''''""'''"' '. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY J.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County v. Virginia A. Hatton Defendant : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff s Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, P A 17055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire ..,J, ~ ~~ I--.,~-~ ~-, 'n'.Cj.)<"li1c MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County v. Virginia A. Hatton Defendant . : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff s Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA l7055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire ~~ L....... , 'c ~"~'~~~"_ "~fi "Ml:>""""",,-,~i,1 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IDGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N .A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton Defendant : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff s Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6,2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire . >~. ~ OM~''''_'''''''-'' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY J.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N .A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton Defendant : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff's Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire ~ .1 , Ie .". -.-' ~-'i,,,,,,,,imlli!#;'~~ I .JAN ~ 8 20lJl,~ ! ./}'\1 MARKJ. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IDGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant ' RlJI.R TO SHOW CAUSR AND NOW, this . consideration of the foregoing Petition, it is hereby ORDERED that: day of ,20_, upon 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the. Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT *"' ..., , ~.:; 1- _W~_ ~"'''~''~-6L""d,- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 . 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RlJI,E TO SHOW CAUSR AND NOW, this . day of ,20_, upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwhile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT - ~ I . - ~,~"'''''''''...,." MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY J.D. NO. 04302 1040N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RlJI,E TO SHOW CAlJSR AND NOW, this day of . consideration of the foregoing Petition, it is hereby ORDERED that: l. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; ,20_, upon 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT ""~,-, ,""""","-,;, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RlJI,R TO SHOW CAUSE AND N9W, this day of ,20_, upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may file an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within days of the date of response; 5. Notice of entry of the. Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT ~~ J ~ ,. ,-'. ,,,",." .-L"_,,'1><..'.I""',"'. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RUI,R TO SHOW CAUSR AND NOW, this . day of , 20 , upon consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT -"' -'~~l/O,1~': MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY J.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant ' RlJI.R TO SHOW CAUSR AND NOW, this . consideration of the foregoing Petition, it is hereby ORDERED that: day of ,20_, upon 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent(s) may file an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT b,y -~-.-,' . I", - ~~ . . MARK J. UDREN & ASSOCIATES BY: MarkJ. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RlJI.R TO SHOW CAlJSR AND NOW, this day of . consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; , 20 , upon 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT - 1-. -"""~""""""'""""'. MARK J. UDREN & ASSOCIATES BY: MarkJ. Udren, Esquire ATTY I.D. NO. 04302 104ON. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . Plaintiff v. Virginia A. Hatton : NO. 00-2906 civil term Defendant . RULR TO SHOW CAUSR AND NOW, this day of . consideration of the foregoing Petition, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent(s) to show cause why the Petitioner is not entitled to the relief requested; ,20_, upon 2. The Respondent(s) may me an Answer to the Petition on or before 3. In the event of a response, the Petition shall be decided under Pa.R.C.P. No. 206.7 and Cumberland County Rule of Civil Procedure No. 206-2. 4. Depositions shall be competed within _ days of the date of response; 5. Notice of entry of the Order shall be provided to all parties by the Petitioner within _ days of the date of this Order; and 6. All proceedings to stay meanwbile including, the transfer, conveyance, recording and registry of the Sheriff's Deed, pursuant to Pa.R.C.P. 3135. BY THE COURT ='. ',- '. - ~~, -"-'9 I I I SHERIFF'S RETURN - REGULAR CASE NO: 2000-02906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA NA VS HATTON VIRGINIA A SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HATTON VIRGINIA A the DEFENDANT , at 0010:09 HOURS, on the 25th day of May , 2000 at 20 BIG HORN AVE MECHANICSBURG, PA 17055 by handing to VIRGINIA A. HATON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So An;;~~ R. Thomas Kline 05/30/2000 MARK J. UDREN me Sworn and Subscribed to before this 1 ~ day of ~,;ld-t.rO A. D. ~ Q Ih,U,.; ~ P 0 onotary By: J1..- 7A.~ Deputy Sheriff "~ -~ '~, Io.~; , , -l<QJliIIIi""iOiilI!.l--'i . MARK J. UDR~N & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass~Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Eeach, FL 33416-4737 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virgini,,_1\.' Hatton ---20-Blg Main-Eftreet ------:N'O:-OO-29(j"6c:Lvil term Shiremanstown, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER ~ ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 05/04/00 to 06/30/00 Late. charges per Complaint --From--05!lS/00 to-0613o/00 Escrow payment per Complaint From N/A to N/A $104,388.37 1,622.26 82.40 0.00 TOTAL $106.093.03 I hereby certify that (1) Defendant are as shown above, and accordance with Rule 237.1, a copy the addresses of the Plaintiff and (2) that notice has been given in which is attached hereto. SSOCIATES MAR i i Mar Att J. Udren, ESQUIRE ney for Plaintiff DAMAGES ARE HEREBY ASSESSED DATE: ..J~ 110(,' <.toao AS INDICA.TED ~ ~I a d2:ir~ ) R. Rb PROTHY ~ i; ~" ,~ ~~'.... ~ J,-_ ~< ""......,""'IclJi- > MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass- Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) NO. 00-2906 civil term DATED: TO: June 19, 2000 Virginia A. Hatton 20 Big Horn Avenue Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue . Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICACION IMPORTANTE US TED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAB DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD~DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFlCACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINEROSUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _~I>"H,_ . MARK J. UDREN & ASSOCIATES ,BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416- 4737 . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 : NO. 00-2906 civil term Defendant(s) TO: VIRGINIA A. HATTON 20 Big Horn Avenue Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. ~ npi:othon6Ear]i ~ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-482-6900 - I """'~_~:1:"'\'''_, . , '..",~.;.,. '-OO'_-,.....?!.,.'.. .,;!, -.' ';~.;.,...., .- . ','... .r< _"'. ...,..... "T "",,':" " ...,..c:,.." - , -'''' _n', "" . ...'<..",-,'.: ',,', .. . o MARK J. UDIl.EN &< ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virginia A. Hatton 20 UgigMairi Street Shiremanstown, PA 17055 Defendant(s) : NO. 00::'2906 civil term . PRAECIPE FOR JUDGMENT FOR FAILURE TO ANS~-AS.SBs.sMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (13) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 05/04/00 to 06/30/00 Late charges per Complaint From 05/15/00 to 06/30/00 Escrow payment per Complaint From N/A to N/A $104,388.37 1,622.26 82.40 o 00 TOTAL $106.093 03 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy which is attached hereto. MARK Mar1_J. Udren, ESQUIRE Attofney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY ","- LJ;!hJ!J.1I:.~~____PitlI~..,.k@i"'-"'\'-lO:JW,'l!...j~~ ~' "~~>..., ~'''''' _.-~-'~~ '" . r ~ ~ 'l<;} ~ , 0 F 0 0 CO "Cl 'v c (::.;) <,", "\) "'t;;:;:,' c..... .... , p:! rn~'~-: ~ ~ ~ z- L~I I' "- ....n ...) "7('/ ..p (/5 .> '--rTi t~t~: ..~ ,t, (U '\;I '-..() L J " :;-:! ;:+) - ~:;C) r .,","", :::cj ~=O - .;') ........C ~ C~rn :z: -"i =::! n; .to- .:D -< ".- .~~" " . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff v. Virginia A. Hatton Defendant(s) , ~ 1"-, '-........""- ., ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 00-2906 civil term @@J/jJ)'rf -- -- - ~- -- - -~-~-~-~--------~-- - .---~-_.--- PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: June 30, 2000 ___B~Y :~ MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Att ney for Plaintiff ,~- ~- . , - ~'" ~ V E R I F r CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/{ I crt , ~t>Jw~ T]. tl e : Prest..{."tQ Fir Company: V {;CL "., """-~~>h,."i~""""'IiI~'_"_'_"__~ "~~'""i:!.~~~'o#.ff!iID;,uTh':_'iM~~~_~'~ L " iJiitl' _m (") c: ? "'Of;: nlrl'; :2::6 71'''- i~~\: ..,:,:-. _'....f_ 71..) <:;:-::::() ,..,......C 2: =< . -. , c c:) '- :;.; f;" ---' .--'~~J --~' iT; .... ,. . , ~ \-:-~ :!! ~~ -)(;5' ;.-"~ f (( -'-~ b! "T. '< ~ ~" . . ..~ . ,-. I.. ,. ...."~~""".- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Virginia - A :--Hatton--------. 20 Big Main Street Shiremanstown, PA 17055 : NO. 00-2906 civil term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue writ of Execution in the above matter: 20 Big Horn Avenue Mechanicsburg, PA 17055 Amount due $106.093 03 Interest From July 1. 2000 4.447 23 ~ ~ - to--Date-of-Sale-December-- 6-;---2000----------------- - --- ----- Per diem @$27.97 (Costs to be added) $ MARK J. UDREN & ASSOCIATES Mark ~; ATTO LEY dren, ESQUIRE FOR PLAINTIFF ",~,~,. ~_lii~~i~Jjolli1;\i;;~l~~" ~iIillI_~ h d=,,,,~_~ 0 ~__ ~_> "~ -",d1 "_" ~- -. ~ 0- ~~ U,; ~ ,-19 ~ >} ~ ~ ~ t ~ , Ii1 , ~ Q ~ ~ 0 ~ Q a ~ () c 0 () 0 (~ ~ c: -. "-." , I ~ S: I "0(1, f ~ r~ l'JJfr' - --','::-D ..(J ~ , ~'-._t, ,--- /r~-' ";--, ~ ~ ... 'q~:: ~'.. . ,-J';"::; " i - .... .... -.......c, ,j,,-, ~ ... - ... r-:c' 'C' ~~,::;; :::; - ~... ~ cv ..() .~ ~-~,....... ;::r: -0.1,.. ; t-5R <t . ""'c ....0 ...... };'c 't;;1 , - .... 2:; --J ...... > -. _0 -< (.Ii --< , - .~, ~-, ~-" _I~,. eft ,~ __,_I. . -~-.,.- ,-~ _~,_ "C , ~ - " .~:~-I I MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416- 4737 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE . NO. 00-2906 civil term Plaintiff v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF SS COUNTY OF THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Virginia A. Hatton Over 18 As captioned Unknown ab~ew~ N~ -rrIJV..-, 'Oii...O-1-o T~tle: (J Company: V(/CL rt'&rU.tf}f- Sworn to and subscribed before me this lib day ~ of ~ f\ ' 200l> ~crNJJA-/ tary Public ULIA TOWERS ,.,'Sii'fil!;-. J SSION # CC 839563 iir"I"?\ MY COMMI 25 2003 1'; ::1 EXPIRES: Maj . ' "d,,'/IJi~" ~~~i>:... -;...-i! Bonded ThIU Nolal)' pUblIC U "r;,Rf..,," i',';;;;j,..h ~C 1Il!II~ill&t'<l!\H~~Mii!1iIWil;i.~~'i~[Mmil{JiliAAJ:l"'~,,"'$!aai~illrlJ~ti ~' -- Mlli. ,n )~" '~J!Ug~~1iIIl8li ~, . n-'"_'~:liii () r=O ~-=-) C C) ':S'.. , "1) r-' '- nlr~ '- ~f;i 2~:t; ,- 2:'-- iT; CD'):-- Ci -<:2. ~;::! -0 C) -" ""-.;"i... J -- ;~:~f,~~ 58 j....'" ~ 5;! -< .1'"' ::D -< , I. ".. -~l~~ ~~ - ~~?>~-,- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 043b2 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virginia A. Hatton 20 BiglVlafnStreet ~ ._~:-No.--66:::E,06 dvf:C-term Shiremanstown, PA 17055 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: ~A. In Assumpsit (Contract) B. In Trespass (Accident) --X-C. In Mortgage Foreclosure ~D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: ....lLA . --.-B . ~C. =D.;~ ~E. ~F.. An individual Tenants by Entireties Joint Tenants with right of survivorship -.-~-Apartnership ~~.- -~---_. ~.- ~ ~ -- . ~ Tenants in Common A corporation III. The Defendant(s) is (are): ....lLA . ~B. ~C. Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: ESQUIRE # as above Mark J. Address MIl'" 1 - 1-'-'-'~mil>.l!ll~!!>'~;;,*IliJ;li!w.~lIlli'1ilil'OJ~"~j'<li.,H[-,;b-J",,,~,,,,-1i:clih!ilL"""';?:~iOI"j~r;;1tt:m_L ._..<k_""o' ,. ~~. J~..~~ ~ *' "~"~~ (") c US: ~~~;' ~5, j,_~t.==,j ;:b:c ~~/'-',; :~r- Z =< ~<--.. -" co c> .S:: ,-- ~7? "'''i "r" :!2 -"- -- :j~":) }~~ 5;1'1 ...--{ ~'" 5J .<.; ~~ Ul < -,=~- ,'--~ ..,,'*=''''~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. ---Virglnr~-HattoIi.- 20 Big Main Street Shiremanstown, PA : NO. 00-2906 civil term 17055 Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOGIATES Mark J. Udren, ESQUIRE ATTO EY FOR PLAINTIFF ~<" , . .....' ~ lid~lliI1""<ii~~llJlI;fu~!i~'~l~WNi;ille<r"~"""""N~""J\liiI;r""-'=.~:#WI!IMiliil'-h~~,_.j-. . ~~ ~ -~-'" '" - k:~ () c- LJ~ rn (~~ 21l: ;::--_.1...,' 05\:. j::;;?: ::::;t.; -'::'-;;:Ci .;;:~(j "'>;:-C' ~ ;:::> ,-",I , ~ p S~) j'; ")r:]) ':Irn .--:f(~~' is!'~ ~E .~; -<: '- -0 ~- ~ I.,? C:Jj , ,.-~ " ~; ,""U ~ ~__L ~'-' <l<I>U1_"",""" . ~ * MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 0430~ 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) :No:-o-(f~2906-Civil-Eeriii _m NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIRGINIA A. HATTON 20 Big Horn Avenue Mechanicsburg, PA 17055 Your house (real estate) at 20 Big Horn Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 6, 2000, at 10:00 AM in the CUMBERLAND COUNTY COURTHOUSE, COMMISSIONERS HEARING ROOM, 2ND FLOOR, CARLISLE, PA to enforce the court judgment of $106,093.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. --------------- -------NOTICE'.OF 'OWNER-IS RIGHTS YOU MAY RF. ART,F. TO PRF.VF.NT THTS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take i~ 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) 482-6900 mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. more chance you will have of stopping the sale. to obtain an attorney.) The sooner you contact one, the (See notice on page two on how ~ " Jd .,-' ~ ~d__~'" . . "' YOU MAY STILL--BLABLE TO SAY~~QE'.ERTY AND YOU HAV~THEK.~..RIGHTS EVEN IF THE SHERUF I S SALlLDQES-'l'AKE~~:E'I..ACL 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 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 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff ~ wi thin -3 0~-days-after--the-sa-1Er.-l'hrs-schedu~le-wilr-sta te- who~wi 11.. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you .act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA - - ------------- --Cumnerland --County -Bar--Associ-at16rin 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 , . ""'Ilir" ..*1'" !IlIIIlili~tl"!~ll"",,~,j;-">J;Iti~i.!it,.t ~ ,1 ~"-" ~~~~ IS- 0 (::J ~~~ C c.:~ .,.. , -Of? c: ~p[P r ~~,~ .~ ~;C~-i -'D ~~C) .;i ~;;c' ~~c: t~,) z ~ =< (}1 -< . ~'-~ ~- ,.~ ~. . ~,'.i'-' I ~ - .....~I ~ .'__'m . . .;.~ . ... MARK J. UDREN &: ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets corporation, Mortgage Loan Asse~-Backed Pass- Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) : NO. 00-2906 civil term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the writ of Execution, on the daters) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant (s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. BY: /fU' UDREN & ASSOCIATES Dated: October 26, 2000 Mark J. Udren, Esquire Attorney for Plaintiff ~~~~ - - ~""4>Ulii/!!!l;L , MARK J. UDREN & ASSOCIATES BY: Mark J.-Udren, Esquire ATTY I.D. NO, 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. BOX 24737 West Palm Beach, FL 33416-4737 Plaintiff . - COURT OF COMMON PLEAS : CIVIL DIVISION :. Cumberland County : MORTGAGE FORECLOSURE v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) : NO. 00-2906 civil term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 20 Big Horn Avenue, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed owner(s) : Name Address VIRGINIA A. HATTON 20 BIG HORN AVE., MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address HAROLD W. FETROW II AND KATRYN M. FETROW 1053 BRENTWATER RD., CAMP HILL, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. NORWEST FINANCIAL DISCOUNT COMPANY 301 E. CITY. LINE AVE., BALA CYNWYD, PA 19004 - ~" I~ .~{,l1:!i',-_; , 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQ., CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 20 Big Horn Avenue, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: OCTOBER 26, 2000 1fU-. Mark J. Udren, ESQ. Attorney for Plaintiff illI " ~ ~ . '" - -~~'" '" .1- . -_-h",,~,'- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Mtnnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through C~rtificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416- 4737 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 00-2906 civil term Plaintiff v. Virginia A. Hatton 20 Big Main Street Shiremanstown, PA 17055 Defendant(s) DATE: July 19, 2000 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): VIRGINIA A. HATTON PROPERTY: 20 Big Horn Avenue, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 6. 2000, at 10:00 AM, at the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM 2ND FLOOR CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff oI);;"a..,date _ specified by the Sheriff not later that 30 days aftef s~, Distribution will be made in accordance with the schedule ~l~}BIT A exceptions are filed thereto within 10 days after the filing6f the schedule. ~ .~ '" '" o.b' "3 :;: --- vr--~ <:'- ~ .. -u (J) -" o 3 w '" "" A;: ~-< in' a .- 0., "-c ~3 Ul,,- " " , " g.2 "-0 ii' o " . ;0-< " 0 ~ [ <z (;--,:1.5 - ~ g- . """ 00 w _ C;i' -" ~" 0" " . ci w 3" - . ~ CD (') o 3 ::!. CD m c. 0' '< -I '< "0 CD :< :0. m " ." ~ -~ . " 9. '" . --'" <Z g. "6 C' . <! ::l "'" o ~ Cl '" -~ ?J~'i!1;; 8"*ii5: , In n_ tI) -00. ~ o~[ n~a~g; ~[3~gg: ~ [gJ::; 2. a III N.., Ut::l < 0-0> 00 III ;:! Q~!::Is E ~:,S!g.z ~ 3 i~.;'~;; !.!.....~ ~~ ~rg~gii"; !!!.1JO~2g.a. ~~~;;2g ",,~g~~~ tI)!!!..~3.Q, '.i:~~;!~~ 2. <II !!!. III a. ~ ;g;~!!!fi' III sa.,. mill ~ 'i!1 ~ 3.~ S. 1~.""~:a g.~g[~3 !!!; 0.-11I III '" ~ 8~i~~ III CCI'< fI :g 3 -g,~ ~ III ~~~~~~ ;:!tI)-lZ'..1II -<lII..,lIIl11ij; _1IIC1C1na. ~~~~~~ '['3 a~2.= g~~:g;! Q.g~"'::llll if!!!.~~3'~ 5'~in='i!1~ " ~ III 3 ;;; 3 - lIIlII:. <: ~ ;: 1? 9- ~ ~. "'~3~iiia !!!;!!!....e.....1II " -!!!.,iii.::g3 ~Qo~.o~ . 3E:'8~ =''''''''''''' ~.t:g~~ ~ ~ ~~. ~ 2..!!!...~~ 'tl o ~ 'tl CD ::l ~I ~ ... ~ W ",I - N ~ ~ ~ o ." '-F;.~"~r,.,,, .,<~. ~.t~ -~'" "',~..~.;j ('v , . 'i.' .~., r.r~ .. " 't: .;;. \' ~~. . '<e- ~_ \ 11.~..,:, ~1~r;:~':'ft.,l '~"'~\.i' ~-W2~ 'Jr.. I I I I i ~~ ~"m~~l ,I I~__~ '" ~"I NI ... w "" '" ~. "'"1- ':< 0.... { r.""\' - ~i f-! .::.. ~";;>~~I-:\f~.i"'" ~ 3~) 1. Jli: ~~h C> t'> .s R- t -i. a", .,. "'- r~ t-1.1 " ,,'\ _" ov- , ~r"~:, .J'F':+~' ~~-\>:.. ~tp" ~"}~j ~~ "l: .::. ~ ~ti?'- ~ I~ ~ ~ 5-' ~ L" ?, ~ J'S' -i.. ~ '" "i--",T ~ -rl~.t>~,r "f>'>r:::'t ~ '" ~ ~~ - f'."'" {;i. t-" - ~ ~lFtl~-- ~ ~~..,~:::. " D~~ ~~ ~ .9 ... '~ "" ~ ~:l'-~"'J t~.~~ of" ~ " '~~ oi' :~~ ; ~~ '-~ ~ft · ~;:t" e ~i ~ ~~ ~ -, , . I I I ,~ - .~~ """_~=":l, I ~ S' o Ql>-;: Ul a. 3 CD Q- (ll ~ rn rn g.g: ::l z> .... 0. c,,- ~ 6:[2 ~ (1l ::- T . "- "'" ::0 ~ Z 0 - ... s: ~ 0)> e. ():z: ~ > :I:^ . Q. m- L. Q- ;oZC:' ~ ;000> ; -<Ul;o~ .rD ::C::Cmo ~ r(;5z." CD ':.J: Qo :!! .!!. z~)>(') '-~(/)m m 0-<(/)00 ~ 0'",0 -0 8c9 ~ ~=1~ mm <.nUl o o o :; o " 5: S< " w w 0000 n('):i"::tI ~o~~ :iatD~ " 0. 0 0. " " 0. -0 o ~ .- '" " 00 ~o ~a:g.~ ~;;~ ~ g rD e:- ~ In 0 11>;0 ~ s: a. CD ~ CD ~~ .s- o - 1!- Q . :I: ~~OO~9 I.C g, ~ :E~ ~ 01 ::I _. - 2!. ~ Ie s: ~ CD ED 0-0 iil 'C So 0 o.-g -::1;'"'8 ~~.g ~~ ffrS:~!: 10 QI -(II (1l 14.2' 5" ~ C" ._.. .:- CD ~ ~ g ;; () ';.:- <:I fi CD go ll:I ~ CD ~~ ~i? ::;:;;(11 - (1cn~ o~ ;;. og-s .. "- !? "'n::;O ~ ~?J-a. " " " "'ncn ~. g 9 ::. rnn> e;!!.w 5"~~ i;'3 00" o -:::r l~ 91 '" =t'D os=- ;:~ ~. =--....c . -" ,,-00. =....1)1 , . I -nUl " ':t: ", r- I "u.b\T A \.'. fr~l"" \ - - ;--" w 0 " ..". ,.,..... .......,',........~....,.u,.. --,.... <I~' .".ro'", .,,".....-. . "U en "T1 o 3 :;[ ... :-' "T1 CD 0- ~ C Dl -< r-i ![~ &.; e-c '<3 rne- e e ~ ~ "-0 e~ '." o. o o o ~ ~ to to "" n~ C"'3 ii!;' c UI - 0- CD o o 3 'tl iD - CD Co C' '< ~ 'tl CD ,. ~ S' :- 5' "" o ~ ~ III ~ "Il 0_ :i' - "Il CD ::l --< ~~~~i ~~Wiil ~ (,I)~~8Q. ~3o~l'l 8~g:~~! ~ a~ ~g'g ~ffi~;;ag ~ ~i ~g:i ='0'~~5 E a;"G;8,g! lD 3 lD 00 III ~ ;:a;'a: ~j gg~~ ~~. !!.lI)b~g-Z. 3 ag =l 2 0 ~88"~3; Cn~a!il!!l~ "g~~~~~ ~lD~lDalll ;~~~!!lg ~~~~.~[ ~.~~~ ii!?: g.lD m S.CII lD 1lI~.::Io.~3 .a ~i~ ~~ gj 05'3.g-g ~ c.g~l:! ~ "E.~S'1ll3lD ~:=iil';i!!l~ :::Icn-st......;- ~m~~~~ ~a1ii:Jg3 ~ltI::!r!/!.lll a3~"\:l 2;= I\jlDciil!l-l ag~ z: g";- O'!!.g ~5'3 5=~u,=~~ Q.=lD3il13 III s::lD lD:J e !'Jill cg.lil 3 i 2 ~ ~ iirg: 3~!!~~~ ~g ,rID'?:] . =-s::Jij'g~ 3m....o" ;:=01-0 III g~!5n:';i ~ E ;!;.1f 2.!!.lDg~ rid 0- ee!. <z ec "-3 !ag- .,,~ 00 0~ -." Oar 310 o e e 0 ." o o 3" . o .f! ." ~ I o ~ il' o e ~: <0 fJ' " ~ ~ ~ CJ1 ~ ... ~ ~ '" '" C' .- -,"."...- ,loi ec:;. \, ~', ;,,' -" - ~ ~ co CX> ~ o '.! c"if ; ..' n f,;: ;: "')j~~:: ~~~ ~"I; f.I) ,,.... ~ ~ w~: :m. 7 .- -~ I ... '. :", t'" ~~,,- OJ CJ1 ~"' "" '" '" ""--. ~l. ~ r 3. o ~ 8 z)> ffi 3 a: e-"- ~ e "'z ~o m::O .:;; om -en :;!-i r:!! -z z> mz ~Q m> . r roO >0 s;:iii OC -<ii:: zm ~~ 0- . en .,,0 >0 ~c <oZ 0-< 00 "'9 ~~~A ;1-. o ;:' e -. .'~'~~i!;.l,,,:o_ Q~~ en "- 3 ro Q- CD ~ e " "-"'~ ~cno. T z " 3 e Q. > "- "- ;; o o e !' f!l ;; 1! " ~ "- ." o ~ o 3l o e > c- "- ;; o o OO....l.S:: ~I~)> CDmO;C N;oZ^ ~;c, c.... -<^C (')~zo cr,,;o s:!"""cnm IllZIZ mc....-Qo ;00":> !j;CXlIen z8~en c""-<g I en;;; )> !:-i -i -im -i men o CJ1 Z 0 o DODD Q8a~ ~o~~. ~ o.cD' ;; "- ." o o or '" e DD~D ~ag.~ @;;~ c CII CD e. 3 ClIng;' s:gCb~ ,,"- 0 =~ ~. " - ~ Q' ;:' e 9~oO::O() Qle. CD::T .a = <<'" ~ CD ~ Ssa;~ 10 :f:f cD Ql o "'U Cih, So 0 e.oo :;~oo !e.~a ;0:- g !eo Ql-g CD < S'S-:::::Ql' lQ.2!. -CII cD' ~f5 rI; 2: 5i ~ g ~Cb ~ ~~ n Q _c e f5~ o~ ::;;f5 !i Clrn. OCD *' ,,~"- !i ~ "- Ii' ,,;0 <<:' m;:c~ ~ "TlfJJ-e" m~- ~~~ S:C!::K g:i'r~ ~"" !!!.cD'3 00" 0-". ~.~ ~ CII _.Cb os=~ ;:10 (ii' :='Q~ o ~~ crO"- E""Ql . 0 I ."rn m ;z: "-.,~'",- ~.. liIAl!~!JlU- ~~." ~~. "" -,-,,,,,."',_~..w 'c:,[" ~ L ~~.___. . (") 0 C) C C.::J -n s: ~ ""D ce,1 ~=J ~-;~ ~lJ rn r'l C;'.:::: Z .~ , ~~::0 ~, '.J:2 - j 'v '-' I (') ~'~",'l GCJ ""'D ::1=\ ~ ,,-~ ~C) ~- -"'" ':c:,,.!. 0 :;;0 S:? (~ i11 j C -I 2": ::::> ~- ~ :J:J -< \D -< ".~ I ^, It . I:~ . ,,,,_k.,_. MARK J. UDREN & ASSOCIATES BY: MarkJ. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : THE COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY, PA v. Virginia A. Hatton Defendant NO. 00-2906 civil term PRAECIPE TO WITHDRAW PETITION TO SET ASIDE SHERIFF'S SALE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the Plaintiff/Petitioner Norwest Bank Minnesota, N.A.'s Petition To Set Aside Sheriffs Sale, without prejudice, which was fIled of record on January 5, 2001 as the Plaintiff/Petitioner will file a new Petition To Set Aside Sheriffs Sale simultaneously with the ming of the instant Praecipe. Respectfully submitted: Mark J. Udren & Associates: a J. en, Esquire Attorney For Norwest Bank Minnesota, N.A. <~0".<> ~ Ilil qM~~""""'''''''''''''''''_imL~'~1ilOt_J!h~';-''''-!~~JM-J:';b&ii",<l!'>!M-.,q~I'!f':nll ~ ~ _-.w" ~-,;~""," ,.,,- [7~ ~ , ~-~, ... ~ ....~ ..,.' o C..::: :;-,,- ;:]r-;~ rn!~-;-: ~~~~ -",' -" ~C ~~? )> ~::~ ~ ~~ Q C:) ....+-" :~ "1> ~ --< ;'0 C1' - ~ .., -",._~""",-i' F:\FILES\DATAFILE\Gendoc.cur\10282-res_lIlde Created: 01122/01 03:05:43 PM Revised: 01126101 07:42:58 AM NORWEST BANK MINNESOTA, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2, Plaintiffi'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-2906 CIVIL TERM VIRGINlA A. HATTON, DewndanURespondent AND the following Respondents for the purposes ofthe within Response only: SHERIFF OF CUMBERLAND COUNTY KEVIN V. ANDERSON BRETTLECHTHALER APPRAISAL SOLUTIONS JAMES D. FLOWER, ESQUIRE JAMES D. FLOWER, JR., ESQUIRE, Respondents RESPONSE OF THE SHERIFF OF CUMBERLAND COUNTY TO PLAINTIFF/ PETITIONER'S PETITION TO SET ASIDE SIlERIFF'S SALE AND NOW, comes the Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, and responds to Plaintiff s Petition as follows: 1. Admitted in part and denied in part. It is admitted that the Sheriff scheduled the property for exposure as stated. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averment concerning Plaintiff s lien position, and the same is therefore denied. 2-4 Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. 5. Denied. The Sheriff had no actual knowledge as to who was representing Plaintiff at the sale. Upon the Sheriffs inquiry made immediately prior to any specific sale, no one 1.- announced that they were representing Plaintiff. It is further denied that there was a lack of competitive bidding, as several bids were received for the property. Any averment attributing negligent conduct by the Sheriff is a conclusion of law requiring no answer herein. Finally, Respondent is without knowledge or information sufficient to form a belief as to whether or not the price obtained at the sale was grossly inadequate and the same is therefore denied. 6. Admitted in part and denied in part. Upon reasonable investigation, Respondent has no knowledge or information sufficient to form a belief as to the truth of the averred notification and the same is therefore denied. It is admitted that Respondent's personnel advised Plaintiff s counsel that the property was sold as alleged. It is denied that the sale price was a result of a lack of competitive bidding. On the contrary, several bids were received for the property. 7. Admitted in part and denied in part. The Sheriff admits the judgment amount as averred. After reasonable investigation, Respondent is without information or knowledge sufficient to fonn a belief as to the truth of the remaining averments and the same are therefore denied. 8. Denied. After reasonable investigation, Respondent is without information or knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. Plaintiffs averment as to unjust enrichment is a conclusion oflaw requiring no answer herein. Further, any averments of inadvertent and/or negligent mistake are conclusions of law requiring no answer herein. 9. Denied. The averments of this paragraph are conclusions oflaw requiring no answer herein. 10. Denied. The averment as to the Sheriffs alleged knowledge of Plaintiffs lack of representation is denied pursuant to Paragraph 5 above. It is denied that the Sheriff"allowed" the sale to continue. On the contrary, the Sheriff had the legal duty to continue with the sale as he had received no instructions and/or order to stay, postpone or otherwise discontinue it. The averments as to negligent conduct on the part ofthe Sheriff are conclusions oflaw requiring no answer herein. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of Plaintiffs averments of damage and the same are therefore denied. 1l. Denied. It is denied that the Sheriff knows that mortgagee is always in attendance at sales. The underlying basis of Plaintiffs petition refutes this averment. On the contrary, when - """"'H'~";~ ~ I ~,,,,;;;{&,,,,-, no bids are received on a property, the same constitutes a no-bid sale. Bidding did take place on this sale, and the Sheriffis under no legal obligation to inquire at sale, nor as a practical matter could he be assured, as to adequacy of price. By way of further answer, the Sheriff may not act as the agent of any bidder at a Sheriff s sale. On the contrary, the Sheriff is an impartial officer empowered and required by law to expose properties for sale. He is not, and may not be, the agent or representative of any bidder at a sale. Plaintiffs averments as to common knowledge throughout all counties of the Commonwealth is denied. On the contrary, most mortgagees know that they act at their peril if they do not attend the sale to bid on properties on which they have foreclosed. It is denied that this sale should never have happened. On the contrary, the Sheriff followed the rules of civil procedure with respect to the instant sale and received no instructions from Plaintiff or any other person, and received no judicial order, to stay, postpone, or otherwise stop the sale of the instant property. This sale happened because the Sheriff was under no instructions to stop it, and because the Sheriff may not unilaterally act as the agent for any bidder. After reasonable investigation, Sheriff is without knowledge or information sufficient to form a belief as to the custom in other counties of the Commonwealth and the same is denied and not relevant to the instant proceedings. The Sheriff is under a duty to expose a property for sale unless otherwise instructed to the contrary by proper authority. The remaining averments of this paragraph are conclusions oflaw requiring no answer herein. l2-14. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. Further, these averments contain conclusions of law which require no answer herein. 15. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. Further, these averments are speculative and assert events that mayor may not have ever occurred. It is denied that the Sheriff s actions were negligent, the same being a conclusion oflaw requiring no answer herein. l6. Denied. This averment is a conclusion of law requiring no answer herein. By way of further answer, the Sheriff was duly required to sell the property under applicable law. I. '. l7. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. l8. Denied,. The averments of this paragraph and its sub-parts are conclusions of law requiring no answer herein. By way of further answer, Respondent answers as follows: a) Denied. Afterreasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied; b) Denied. After reasonable investigation, Respondent is without knowledge or ;information sufficient to form a belief as to the truth of this averment; c) Denied. Competitive bidding did occur at the sale; d) Denied. Afterreasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment; e) Denied. The Sheriff was required to expose the property for sale under applicable law; 1) Denied. The averments of this clause amount to speculation and are pure conclusions of law requiring no answer herein. 19. Denied. The averments of this paragraph are conclusions oflaw requiring no answer herein. 20. Denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to whether or not the named persons and/or entities should be Respondents in this action. It is specifically denied that the Sheriff should be a party to this action. BY WAY offurther answer and/or New Matter, the Sheriff of Cumberland County avers as follows: 21. The Sheriff of Cumberland County is, and is required to be, an impartial officer who conducts real estate sales under applicable procedural and substantive law; he is not, and may not be, the agent of any person in the conduct of a real estate sale. -'~,;oo;.;';W".,,-_~,~" 22. In the performance of his duties, the Sheriffis obligated to expose a property at a duly scheduled foreclosure sale unless he receives instructions to the contrary from the foreclosing creditor or the Court. 23. In the conduct of an execution sale, the Sheriff is under no duty to inquire as to the adequacy ofthe "knock-down" price. 24. In the conduct ofan execution sale, the Sheriffis under no duty to ensure competitive bidding on a particular property. 25. As an impartial officer, the Sheriff is not permitted to protect the interest of an execution creditor at the time of exposing the property for sale. 26. The actions and/or inactions of the Sheriff in conducting the sale of the subject property did not in any way contribute to a sale at a grossly inadequate price. 27. The Sheriff has not violated any of the procedural rules governing the execution and sale process, but rather provided a working mechanism to enforce a judgment. 28. The Sheriff has no legitimate interest in setting a price for the property; instead the Sheriff allows the market to operate. WHEREFORE, Respondent Sheriff of Cumberland County demands that Plaintiff s Petition be dismissed. MARTSON DEARDORFF WiLLIAMS & OTTO B~~ Edward L Schorpp, Esqu re Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Respondent Sheriff of Cumberland County Date: ~"",vAiE'Y e:?6/ ~al - " '-- "'-.'- ~:-"',p...-", VERIFICATION BASED UPON PERSON KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I verify that I am the Respondent, Sheriff of Cumberland County in the foregoing action, and that the attached Response ofthe Sheriff of Cumberland County to PlaintiW Petitioner's Petition to Set Aside Sheriffs Sale is based upon the information which has been gathered by my counsel in preparation of the defense of this lawsuit. The language of the Response is that of counsel and not mine. I have read the Response and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Response is that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn falsifications to authorities. Date: ,;t/ d?1 Cl/ By: /~JL 1tf R. homas Kline, eriff of Cumberland County "', " I ',*"",,_..l,&-1>.U, CERTIFICATE OF SERVICE I, Tricia D. Eckeuroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Response to Petition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark J. Udren, Esquire Mark J. Udren & Associates 1040 N. Kings Highway, Suite 500 Cherry Hill, NU 08034 Mr. Brett Lechthaler Appraisal Solutions 19 South Baltimore Street Dillsburg, PA 17019 Mr. Kevin V. Anderson Appraisal Solutions 19 South Baltimore Street Dillsburg, P A l70l9 Appraisal Solutions 19 South Baltimore Street Dillsburg, P A l70l9 Ms. Virginia A. Hatton 20 Big Horn Avenue Mechancisburg, P A l7055 James D. Flower, Esquire SAlDlS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle,PA l7013 James D. Flower, Jr., Esquire SAlDlS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A l7013 D'tW ~'J u, Z4 MARTS ON DEARDORFF WILLIAMS & OTTO ~/tJ/J f) f)i;/W~~ n ia D. Eckeuroad Ten East High Street Carlisle, PAl 70 13 (7l7) 243-334l ." l'iml:iOO:'.?lli~~~~lii.lli!ll~~~~lio~I"''''@.-1Iil1'ilifilli!'I/Mffi_~~~~~IiIIll!.~ - ~ ....."-,,"," ~fI/!w'" .;"~;~_.-,, '''"'", 0 0 C' c: .. :;J:: <- ~'::i "UW "'" .,,~ ~'r'1 ITlrn :~ '''11z;.',-:.. :z.::o N ""fTl :ZC c~~ ~~i:;' 0> lkCJ -0 ~O :J;: ~() .~'-nl C W s:; ~ 55 eN '< - a,,-~I-"~.> I , ~ "-'>v_", , I "' ~ '" 'a1J~_ , : NORWEST BANK MINNESOTA : NA, AS TRUSTEE FOR THE SOUTHERN PACIFIC SECURED: ASSETS CORPORATION, MORTGAGE LOAN ASSET- BACKED PASS-THROUGH CERTIFICATES, SERIES 1998-2, Plaintiff, vs. VIRGINIAA. HATTON, Defendant. AND J tthhe following Ref sthPOndtehnts for !:! e purposes 0 e wi in 'II Petition only ;!J 'Ii I:,; Ii SHERIFF OF CUMBERLAND COUNTY, KEVIN V. ANDERSON, BRETT LECHTHALER, APPRAISAL SOLUTIONS, JAMES D. FLOWER, ESQUIRE, and JAMES D. FLOWER, JR., ESQUIRE. Respondents. IN THE COURT OF COMMON PLEAS OF CUMBERLANC COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 00-2906 CIVIL TERM ANSWER SAlOIS Respondents JAMES D. FLOWER and JAMES D. FLOWER, JR., aver SHUFF, FLOWER & LINDSEY as follows, in response to the Petition of NORWEST BANK MINNESOTA, N.A. to set ATIORNEYS.ATeLAW 26 W. High Street Carlisle. PA aside Sheriff's Sale of Real Property: 1. Admitted. 2. Admitted. " II SAlOIS SHUFF, FLOWER & LINDSEY ATIURNEYS-AT-lAW 26 W. High Street Carlisle. PA - - " '-," 1--. . ~. '~~" 3. Admitted. By way of further answer, the bidding instructions were FAXed to the office of Respondents late in the afternoon on December 5, 2000. Unfortunately, the FAXed instructions were not brought to the attention of either Respondent by staff until after the sale took place on December 6, 2000. 4. Admitted: 5. After reasonable investigation, Respondents are without sufficient knowledge or information to form a belief as to this averment. Respondents are not aware of any negligence on the part of the Sheriff. 6. Admitted. 7. After reasonable investigation, Respondents are without sufficient knowledge or information to form a belief as to the fair market value of the property. 8. Admitted. g. Admitted. 10. After reasonable investigation Respondents are without sufficient knowledge or information to form a belief as to the truth of this averment. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted, except to the extent of the amount of the loss, which after reasonable investigation Respondents do not have sufficient knowledge or information to form a belief as to the amount thereof. 2 .; II ~ , -- SAlOIS SHUFF, FLOWER & LINDSEY ATI'ORNEYS-AT-LAW 26 W. High Street Carlisle. PA ,---- -, \'" , , ~' ;'-;, J: ili . -~_'it, 15. Admitted, except to the averment of negligence on the part of Sheriff and local counsel, which is a conclusion of law to which no responsive pleading is required. 16. This averment is a conclusion of law to which no responsive pleading is required. 17. After reasonable investigation, Respondents are without sufficient knowledge or information to form a belief as to the truth of this averment. 18. Admitted. Respondents concur in the relief sought by Plaintiff. 19. Admitted. 20. Admitted. WHEREFORE, Respondents request that the relief sought by Plaintiff/Petitioner be granted. SAlOIS, SHUFF, FLOWER & LINDSAY Respondents James D. Flower, Jr. 1.0. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 3 II SAIDIS SHUFF, FLOWER & LINDSEY ATIORNEYS.AT-LAW 26 W. High Street Carlisle. PA ~!ii,\ VERIFICATION I, JAMES D. FLOWER, JR., one of the Respondents in the within ,I captioned action, hereby verify that the statements made in the within instrument are true r! and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. February 1, 2001 4 II =~~ L -- '" .ti;l, ~ ~~~"- , ..... JAN - 5 2~~) MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton : NO. 00-2906 civil term Defendant PLAINTIFF/PRTITIONER'S RRTRF IN SUPPORT OF ITS PRTITION TO SRT ASIDR SHRR1FF'S SALR OF RRAL PROPRRTY J. STATEMRNT OF FACTS The facts, as set forth in the within Petition, are incorporated herein by reference as though fully set forth at length. II. ARGUMRNT The Pennsylvania Rules of Civil Procedure, Rule 3132, "Setting Aside Sale" states in pertinent part: Upon petition of any party in interest before delivery of the... sheriffs deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which Iilay be just and proper under the circumstances. It is well established that a Sheriffs sale may be set aside for gross inadequacy of price. Capozzi v Antonoplos, 414 Pa. 565, 201 A.2d 420 (1964); Continental Bank v Erank, 343 Pa.Super. 477, 495 A.2d 565 (1985); Greater Pittsburgh Business Development Corp v Braunstein, 390 Pa.Super. 454, 568 A.2d 1261 (1989). Moreover, equitable grounds can warrant the setting aside of sale including the lack of competitive bidding at the sale. See. ^-- . HW; '" ~'. e g , Fenton v loki, 294 Pa. 309, l44 A.136 (1928) (protection of Plaintiffs interests due to improper and/or mistaken bidding and lack of competitive bidding). CL, Federal I.and Bank of Baltimore v Richards, et al ,47 D.& C. 389 (1942, Lackawanna County, Pa.); CL, Hephllm v Stein, l7 D.& C. 10l (1931, Philadelphia County, Pa.). To prevent "injustice", a Sheriffs Sale can be set aside where a mortgagee's attorney is unable to bid to protect the foreclosing attorney's interest. Hephllm, ill. Unjust emichment is properly pled herein as the primary relief sought is legal while the unjust eurichment equitable doctrine is ancillary thereto. Dengel v. Harvey, 4 D. & C. 3d 708 (1977);CL, City of Philadelphia v Penrose Management c.ompany, 142 Pa.C. 627; 598 A.2d 105 (1991) (alloc dn in _ Pa. _, 609 A.2d 169). As set forth in the within Petition, the Plaintiff intended to adequately protect its interests with regard to the property by having local counsel be present at the sale with the instructions to place the minimum bid on behalf of the Plaintiff and to bid up to a specific amount at the Sheriffs sale in the case of competitive bidding. As set forth in the Petition, local counsel negligently, mistakenly and/or inadvertently failed to bid at the sale such that no competitive bidding took place and, therefore, inadvertently, the Plaintiff did not have the opportunity to properly bid the amount it was seeking. As a result of the Plaintiff's local counsel's inadvertent and/or negligent mistake in failing to bid at sale on behalf of the Plaintiff, the property was sold to a third party bidder for $1,500.00, and the sale lacked competitive bidding. This purchase price is blatantly and grossly inadequate as defined by the governing case law whether viewed from the perspective of the Plaintiffs $106,093.03 judgment amount; the $115,000.00 approximate fair market value of the property or the Plaintiffs proposed bidding price of $95,625.00. The purchase price does not even equate to 2 % of any such formal or informal price indicator set forth above and thus, in essence, allowed the third party bidder to have become unjustly emiched. The third party bidder should not be entitled to this extremely unjust windfall as a result of purchasing the property at a grossly inadequate purchase price. The conduct of the sale was negligent and/or fraudulent as the Sheriff allowed the sale to continue, despite the Sheriff's knowledge of Plaintiff's absence at the Sale, therefore, the ~ .l. . I . ~' ~ ),~- - -.. Sheriff lacked authority to sell the property. The equities in this matter weigh heavily in favor of the Plaintiff. Setting aside the sale to allow the Plaintiff to resell the property at a new Sheriff s sale will not cause prejudice and/or harm to any of the parties. The third party purchasers purchased this property, like many others they have purchased in the past, for investment/business purposes, not as a residence. The Defendant's interest has already been foreclosed. The Plaintiff, by and through its counsel, attempted to resolve its differences with the third party purchaser, Brett Lechthaler and Kevin V. Anderson, Appraisal Solutions, prior to the filing of the within Petition in accordance with Cumberland County Rule of Civil Procedure No. 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasions. The prejudice and/or harm suffered by the Plaintiff in this case would be substantial if the sale is not set aside. Such prejudice and/or harm includes, inter alia, a significant minimum fmancialloss of approximately $94,125.00, merely for lending money to a person in order for that person to be able to purchase a home. The re-sale of the property would help alleviate some of this significant overall financial loss, and will continue to allow the Plaintiff to have funds available for other persons who also need such funds to purchase a home. Therefore, the Plaintiff seeks the setting aside of the Sheriffs sale of December 6, 2000, for the following reasons: principles of equity, fairness and justice; to allow it to correct an inadvertent mistake and submit a correct bid for a subsequent sale; to prevent purchase of the property at a grossly inadequate price and as a result of a lack of competitive bidding; to prevent unjust enrichment; to prevent its own significant fmancialloss; and to prevent any prejudice and/or harm against itself as a result of its inadvertent mistake. , Finally, if a Petition To Set Aside the Sale pursuant to Pa.R.C.P. 3132 is timely med, then, the Sheriffs Deed shall not be executed and acknowledged before the Prothonotary, and the Deed shall not be delivered for registry and recording. Pa.R.C.P. 3135. To the best of Plaintiff's knowledge, information and belief, the Sheriffs Deed has not been executed, acknowledged, delivered or recorded. ~~ - ,,"-,'- . ~, ~~-"'I"'j -. m. CONCT,USION For all the reasons hereinabove stated, and as further set forth in the attached Petition, the Sheriffs sale of December 6, 2000 should be set aside, and the Plaintiff be allowed to resell the property at a new Sheriffs Sale. Respectfully submitted: MARK J. UDREN & ASSOCIAT quire aintiff/Petitioner -'""~ - L~"" " >~'l'~"~;-;"; JAN 1 0 zo~ ~ , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton, et al. : NO. 00-2906 civil term Defendant/Respondents PI,AINTIFF/PETITIONRR'S BRIEF IN SUPPORT OF ITS PRTITION TO SRT ASIDE SHRRIFF'S SALE OF RRAI. PROPRRTY I. STATEMRNT OF FACTS The facts, as set forth in the within Petition, are incorporated herein by reference as though fully set forth at length. II. ARGUMENT The Pennsylvania Rules of Civil Procedure, Rule 3l32, "Setting Aside Sale" states in pertinent part: Upon petition of any party in interest before delivery of the. . . sheriff s deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. It is well established that a Sheriffs sale may be set aside for gross inadequacy of price. Capozzi v Antonoplos, 414 Pa. 565, 201 A.2d 420 (1964); Continental Bank v Erank, 343 Pa.Super. 477, 495 A.2d 565 (1985); ('yfeater Pittsburgh Business Development Corp v Braunstein, 390 Pa.Super. 454, 568 A.2d l26l (1989). Moreover, equitable grounds can warrant the setting aside of sale including the lack of competitive bidding at the sale. ~ e g , Fenton v loki, 294 Pa. 309, 144 A.136 (1928) (protection of Plaintiffs interests due to improper and/or mistaken bidding and lack of competitive bidding). IT, Federal I,and Bank of Baltimore v Richards, et al ,47 D.& C. 389 (1942, Lackawanna County, Pa.); IT, Hephurn v. Stein, 17 D.& C. 101 (1931, Philadelphia County, Pa.). ,''''''''''''''=' ~ , ~~ :-.~ r ~r_~'<~,":-" . To prevent "injustice", a Sheriff's Sale can be set aside where a mortgagee's attorney is unable to bid to protect the foreclosing attorney's interest. Hephurn, id. Unjust enrichment is properly pled herein as the primary relief sought is legal while the unjust eurichment equitable doctrine is ancillary thereto. Dengel v Harvey, 4 D. & C. 3d 708 (l977); cr, C.ity of Philadelphia v. Penrose Management Company, 142 Pa.C. 627; 598 A.2d 105 (l991) (alloc dn in_ Pa. _, 609 A.2d.169). As set forth in the within Petition, the Plaintiff intended to adequately protect its interests with regard to the property by having local counsel be present at the sale with the instructions to place the minimum bid on behalf of the Plaintiff and to bid up to a specific amount at the Sheriffs sale in the case of competitive bidding. As set forth in the Petition, local counsel negligently, mistakenly and/or inadvertently failed to bid at the sale such that no competitive bidding took place and, therefore, inadvertently, the Plaintiff did not have the opportunity to properly bid the amount it was seeking. As a result of the Plaintiff's local counsel's inadvertent and/or negligent mistake in failing to bid at sale on behalf of the Plaintiff, the property was sold to a third party bidder for $1,500.00, and the sale lacked competitive bidding. This purchase price is blatantly and grossly inadequate as defined by the governing case law whether viewed from the perspective of the Plaintiff's $106,093.03 judgment amount; the $115,000.00 approximate fair market value of the property or the Plaintiff s proposed bidding price of $95,625.00. The purchase price does not even equate to 2 % of any such formal or informal price indicator set forth above and thus, in essence, allowed the third party bidder to have become unjustly euriched. The third party bidder should not be entitled to this extremely unjust windfall as a result of purchasing the property at a grossly inadequate purchase price. The conduct of the sale was negligent as the Sheriff allowed the sale to continue, despite the Sheriff's knowledge of Plaintiff s absence at the Sale, therefore, the Sheriff lacked authority to sell the property. The equities in this matter weigh heavily in favor of the Plaintiff. Setting aside the sale to allow the Plaintiff to resell the property at a new Sheriff s sale will not cause prejudice and/or harm to any of the parties. The third party purchasers purchased this property, like many others they have purchased in the past, for investment/business purposes, not as a residence. The Defendant's interest has already been foreclosed. ,,1il<f......,........ .~~_." . ".~ L~ -"~;r.,K",_'h The Plaintiff, by and through its counsel, attempted to resolve its differences with the third party purchaser, Brett Lechthaler and Kevin V. Anderson, Appraisal Solutions, prior to the filing of the within Petition in accordance with Cumberland County Rule of Civil Procedure No. 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasions. The prejudice and/or harm suffered by the Plaintiff in this case would be substantial if the sale is not set aside. Such prejudice and/or harm includes, inter alia, a significant minimum financial loss of approximately $94,125.00, merely for lending money to a person in order for that person to be able to purchase a home. The re-sale of the property would help alleviate some of this significant overall financial loss, and will continue to allow the Plaintiff to have funds available for other persons who also need such funds to purchase a home. Therefore, the Plaintiff seeks the setting aside of the Sheriffs sale of December 6, 2000, for the following reasons: principles of equity, fairness and justice; to allow it to correct an inadvertent mistake and submit a correct bid for a subsequent sale; to prevent purchase of the property at a grossly inadequate price and as a result of a lack of competitive bidding; to prevent unjust emichment; to prevent its own significant fmancialloss; and to prevent any prejudice and/or harm against itself as a result of its inadvertent mistake. Finally, if a Petition To Set Aside the Sale pursuant to Pa.R.C.P. 3132 is timely med, then, the Sheriffs Deed shall not be executed and acknowledged before the Prothonotary, and the Deed shall not be delivered for registry and recording. Pa.R.C.P. 3135. To the best of Plaintiffs knowledge, information and belief, the Sheriffs Deed has not been executed, acknowledged, delivered or recorded. III. CONCI.lJSION For all the reasons hereinabove stated, and as further set forth in the attached Petition, the Sheriffs sale of December 6,2000 should be set aside, and the Plaintiff be allowed to resell the property at a new Sheriff s Sale. Respectfully submitted: , Esquire or Plaintiff/Petitioner _,L"..~ ~> , ~ J~~~ . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton, et al. : NO. 00-2906 civil term Defendant/Respondents CERTIFICA TE OF SERVICE I, Mark J. Udren,. Esquire, hereby certify that I have served true and correct copies of the Plaintiff's Petition to Set Aside Sheriff's Sale of Property and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: January 9, 2001 Appraisal Solutions TO: Virginia A. Hatton Kevin V. Anderson 20 Big Main Street Brett Lechthaler Shiremanstown, PA 17055 c/o Appraisal Solutions Defendant 19 N. Baltimore Avenue Dillsburg, PA 17019 Third Party Purchasers xxxxxx Cumberland County Sheriffs Dept. One Courthouse Square Carlisle, PA 17013 James D. Flower, Esquire 26 W. High Street Carlisle, PA 17013 James D. Flower, Jr., Esquire 26 W. High Street Carlisle, PA 17013 . . " .1 .~"1~4'~I;\-,i~NI~J-;!r MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N .A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County : NO. 00-2906 Civil Term Plaintiff v. Virginia A. Hatton, et al. Defendant CERTIFICA TE OF SERVICE I, Mark 1. Udren, Esquire, hereby certifY that I have servied true and correct copies of the Order Of Court dated January 18, 200 l, with regard to Objector/Exceptor Norwest Bank Minnesota N.A.'s Objections and Exceptions To The Sheriff's Distribution Of Sale Proceeds Pursuant To Pa.R.C.P. 3136(d) upon the following person(s) named herein at their last known address or their attorney of record. _ xxxxxx _Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: January 24, 2001 TO: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 Virginia Hatton 20 Big Horn Avenue Mechanicsburg, PA l7055 Kevin V. Anderson c/oAppraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 James D. Flower, Jr., Esquire 26 W. High Street Carlisle, P A l7013 James D. Flower, Esquire 26 W. High Street Carlisle, P A l7013 Virginia Hatton 20 Big Main Street Shiremanstown, P A 1701l Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 Third Party Purchasers Brett Lechthaler c/o Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 ',~- '':' ,"..-0. "~" ~ '-,N-Illo~' - . . .>~ 'fiIfl~!Ii!I!i:I,"li~mi~1;iil\l.,-~fi~~~~ '-~~' I ~ _ ~~ I .~:., - ill ~ ""' ~ >- 1Iii~~gl~ _ "^",,,,, I, 0 0 0 C -n ~ '- ''''{)OJ ~"" :Il rnf1>-; -,,,,~ :Z:J:' , 7i:j:: W - ;:4 ~':r:; ~:;:i g~ 1:;0 -0 ~- 3 ;z:() )>0 r:? c -.; ~ <=" ;r> W ~ ~ ~~ ~. ,~~ -""'<<J,,,,c_=-J,,_\ MARKJ. UDREN & ASSOCIATES. BY: MarkJ. Udren, Esquire ATTY J.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 00-2906 Civil Term Plaintiff/Petitioner v. Virginia A. Hatton, et al. Defendant/Respondent CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Order Of Court dated January 12, 2001, with regard to Plaintiffs Petition To Set Aside Sheriffs Sale Of Property upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail - -Certified Mail Other (certificate of mailing) Date Served: January 24, 2001 TO: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 Virginia Hatton 20 Big Horn Avenue Mechanicsburg, P A 17055 Kevin V. Anderson c/o Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA l7019 James D. Flower, Jr., Esquire 26 W. High Street Carlisle, P A 17013 James D. Flower, Esquire 26 W. High Street Carlisle, PA 17013 Virginia Hatton 20 Big Main Street Shiremanstown, PA 17011 Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 Brett Lechthaler c/o Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 MARKJ. UDREN & ASSOC ~ By: ark reIi, Esquire Attorney for Plaintiff/Petitioner .""",, '~'~'-'~U '''~''." '...."~r'ujjtj ~'t'....iili""~~!llliiP~~~.-,~""'H:!i!"'~ ~- ~q -,-,- " ..~",,~.'- III ~~ J..IJil~~~1 ,. 0 0 C) -n C ""t 3':: - :": -,1 -'Q OJ :~ -"., -;;;. Q;nJ~ .'((\ .r.-.....'_. (..i.':l -O'~ \,..... ~\?~ ;-,j~! __ ,1 ""l~ -', - ::1: ~.ffl )':r-. ~...." -- .0 r;:' ::::, 7C ?E ~ "'" '0" :.::: "{ , ,. '~l. , < Norwest Bank Minnesota, N.A., as ) Trustee for the Southern Pacific Secured ) Assets Corporation, Mortgage Loan ) Asset-Backed Pass-Through Certificates, ) Series 1998-2, ) Plaintiff/Petitioner ) ) vs. ) ) Virginia A. Hatton, ) Defendant/ Respondent ) ) AND ) ) the following Respondents for the ) purposes of the within Petition only: ) ) Sheriff of Cumberland County ) Kevin V. Anderson ) Brett Lechthaler ) Appraisal Solutions ) James D. Flower, Esquire ) James D. Flower, Jr., Esquire ) Respondents ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2906 CIVIL TERM NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWEf\!TY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. BY(~~ muel L. An Attorney for Defendants Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761c5361 II -,~ Norwest Bank Minnesota, N.A., as ) Trustee for the Southern Pacific Secured ) Assets Corporation, Mortgage Loan ) Asset-Backed Pass-Through Certificates, ) Series 1998-2, ) ~ Plaintiff/Petitioner ) ) vs. ) ) Virginia A. Hatton, ) Defendant/ Respondent ) ) AND ) ) the following Respondents for the ) purposes of the within Petition only: ) ) Sheriff of Cumberland County ) Kevin V. Anderson ) Brett Lechthaler ) Appraisal Solutions ) James D. Flower, Esquire ) James D. Flower, Jr., Esquire ) Respondents ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-2906 CIVIL TERM ANSWER. WITH NEW MATTER OF KEVIN V. ANDERSON AND BRETT LECHTHALER TO PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE AND NOW comes Kevin V. Anderson and Brett Lechthaler, two of the Respondents listed in Plaintiff's Petition, by their attorney, Samuel L. Andes, and make the following Answer, with New Matter, to said Petition: 1. Admitted. 2. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the II I -~" averments contained in this paragraph and so deny and demand proof thereof at a hearing. 3. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and so deny and demand proof thereof at a hearing. 4. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and so deny and demand proof thereof at a hearing. 5. Denied as stated. More than one party bid on the property. The other averments set forth in Paragraph 5 are denied because Respondents, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth or accuracy of those statements and so they are denied and proof of them is demanded at trial. 6. Denied. After reasonable investigation, Respondents are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and so deny and demand proof thereof at a hearing. 7. Admitted in part and denied in part. It is admitted that the judgment in the foreclosure action as of 14 January 2000, was $106,093.03. Respondents, however, deny that the fair market value of the property is $115,000.00 and state, instead, that the value of the property, in its present condition, is substantially less than that. III 1\ ~~ 8. No answer is required to the statements in this paragraph because they state conclusions of law. To the extent that a factual response is required, Respondents deny the statements in the Petition because they are based upon an inaccurate estimation of the fair market value of the property. 9. Respondents admit that Defendants seek such relief but deny they are entitled to it. Otherwise, this paragraph contains a request for relief to which Respondents are not required to reply. 10. Denied. Respondents deny the conduct of the sale was negligent or that the Sheriff knew, or had any way of knowing, that the Plaintiff was not represented at the sale or that Respondents have been unjustly enriched or have received a windfall. 11. Denied. Respondents do not believe that mortgagees are always in attendance at Sheriff's sales of mortgaged properties or that there is a custom in any county in Pennsylvania to postpone or stay sales in the event that the mortgagee does not appear at the Sheriff's sale. Respondents deny that the sale in this matter "should never have happened." The other statements set out in Paragraph 11 are denied because Respondents, after reasonable investigation, lack sufficient knowledge or information to form a belief as to the truth and accuracy of those statements and so they deny same and demand proof thereof at trial. 12. Denied. Respondents have invested significant amounts of their time and effort in the preservation and improvement of the property which is the subject of this action and will suffer significant loss if the sale is set aside. Moreover, Respondents, as members of the public, have a real interest in seeing the validity of Sheriffs' sales upheld and not set aside where problems are caused il by the negligence of Plaintiffs or their attorneys. " '! ~ -' , 13. Admitted. 14. Denied. If the sale is set aside, Respondents will suffer significant financial loss because the monies and efforts they have invested in the property will be lost to them. If the sale is set aside, the public will suffer serious and irreparable harm because the validity and sanctity of Sheriff's sale proceedings will be undermined. If this court declines to set aside the sale, the only loss will be the Plaintiff's failure to recover all it had hoped or expected to recover from the Sheriff's sale proceeding. 15. Denied. The statements in Paragraph 15 of the Petition are pure speculation and do not set forth existing facts. As such, no answer is required. 16. Denied. The Sheriff had legal authority to sell the property and, in fact, was under a duty to conduct the sale pursuant to the Writ of Execution issued by the Prothonotary of Cumberland County. 17. Although it is admitted that Plaintiff's counsel contacted one of the Respondents herein, it is denied that Plaintiff, by its attorney or otherwise, made reasonable or sincere efforts to resolve the problem. It is further denied that the third party purchaser is, or was, "Appraisal Solutions" and stated that the purchasers were Brett Lechthaler and Kevin V. Anderson. 18. The statements set out in Paragraph 18 of the Petition are legal arguments and do not set forth facts to which an answer is required or an answer can properly be made. To the extent an answer is required, Respondents deny the averments set out in Paragraph 18 and incorporate herein the other portions of this Answer and New Matter. Ii " , 'If , 19. The statements in Paragraph 19 are mere conclusions of law to which no answer is required. To the extent an answer is required, Respondents incorporate herein their statements elsewhere in this Answer and New Matter. 20. Respondents deny that "Appraisal Solutions" was a person who purchased the property which is the subject of this Petition. The other averments set forth in Paragraph 20 are admitted as the identity of the Respondents, but Respondents herein deny that there is any legal basis for their inclusion in the case or for this court to take any action against them. WHEREFORE, Respondents pray this court to deny Plaintiff's Petition and confirm the sale of the property conducted by the Sheriff in this matter. NEW MATTER 21. The averments set forth in the foregoing Answer are incorporated herein by reference. 22. The purchasers of the subject property at the Sheriff's sale are Kevin V. Anderson and Brett Lechthaler, the proper Respondents herein. "Appraisal Solutions" was not the purchaser of the property. 23. Plaintiff scheduled the sale in this matter and had adequate advance notice of the date, time, and conditions of the sale to be conducted by the Sheriff. 24. Plaintiff failed to appear, in person, or by other representative, at the Sheriff's sale. 25. Plaintiff at no time advised the Sheriff that it was not able to appear or attend the sale and at no time requested that the sale be postponed or rescheduled. 26. Plaintiff, by its own conduct and its own failures, caused the problem for which it now seeks relief from this court. ~.' '. '" 27. Plaintiff is estopped from bringing this action now to set aside the Sheriff's sale, since the problem was entirely of the Plaintiff's own making. 28. Plaintiff waived any right to object to the Sheriff's sale by failing to appear at the sale or taking any steps to postpone or delay the sale in Plaintiff's absence. 29. Plaintiff seeks a rescission of the sale of the subject property and Respondents' purchase thereof. 30. Respondents have invested their own funds and their own efforts to take possession of, preserve, and improve the property which was sold by the Sheriff and which is the subject of this litigation. 31. This court can no longer restore Respondents to the same position they enjoyed prior to the date of the Sheriff's sale because this court cannot return to Respondents the funds and efforts they expended in reliance upon the sale. WHEREFORE, Respondents prays this court to deny Plaintiff's Petition and to confirm the Sheriff's sale of the property to Respondents. ~ Sam L. An s Attorney for Respondents Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ': ,- - :"" -.~. ,:< ' - " COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND KEVIN V. ANDERSON, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. e~ KEVIN V. ANDERSON Sworn to and subscribed before me this b +4> day of t=ehrI.A..<>.A 7 ' 2001. L'1~~ Notary Public. r l!'rttt fflTff81AII1Al ~ llAf~'lJtfs~f:.~'llC- ~es AIIG 17 CO. ,I . 2004 - ~.-' , . , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer, With New Matter of Kevin V. Anderson And Brett Lechthaler to Plaintiff's Petition to Set Aside Sheriff's Sale upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Mark J. Udren, Esquire Mark J. Udren & Associates 1030 North Kings Highway, Suite 500 Cherry Hill, NJ 08034 James D.Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 Date: Aj'1.1 ';J.OCJ I Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 James D. Flower, Esquire 26 West High Street Carlisle, PA 17013 ~ Attorney for Respondents ~ , "- - .~ .: ,-,' I~- ~, " . ~~ '''Iliob_-_ ..r... NORWEST BANK MINNESOTA, NA, AS TRUSTEE FOR THE SOUTHERN PACIFIC SECURED ASSETS CORPORATION, MORTGAGE LOAN ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 1998-2 PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. VIRGINIA A. HATTON DEFENDANT/RESPONDENT AND the following Respondents for the purpose of the within Petition only Sheriff of Cumberland County Kevin V. Anderson Brett Lechthaler Appraisal Solutions James D. Flower, Esquire James D. Flower, Jr., Esquire, RESPONDENTS : 00-2906 CIVIL TERM ORDER OF COURT AND NOW, this /2-- day of January, 2001, upon consideration of the foregoing petition, IT IS ORDERED: (1) A Rule is issued against respondents to show cause why the petition to set aside sheriffs sale of real property pursuant to, inter alia, Pa.R.C.P. 3132 should not be granted. (2) Respondents shall file an answer to the petition within twenty (20) days of service. (3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within fifty (50) days of service. ~ ~ - _ '.' ,,~,,' -'Co'- ,I. "0 "w.I:"", t# '.. (5) Briefs shall be filed in chambers not later than Monday, April 9, 2001, Argument shall be held on Thursday, April 12, 2001, at 8:45 a.m., in Courtroom No. II of the Cumberland County Courthouse. (6) Notice of the entry of this order shall be provided to all parties by petitioneL (7) All proceedings shall stay pending further or Edg" B. B.yley. J. ~ . ~,O\ t~o\-\~ Mark J. Udren, Esquire For Plaintiff/Petitioner Sheriff of Cumberland County Kevin V. Anderson Brett Lechthaler Appraisal Solutions James D. Flower, Esquire James D. Flower, JL, Esquire :saa I I Iii Ii 1..:. 'i Ii II Ii '1 ! I ,1 Ii il III .... t A ~!"""",.,.....!.IIII~NiMIl t'~ ,'~ ;~)I- n! f !"i \1 I') ~.J i \.j ,>; , ;.... - on:: './.- .'~)T/JiY 1.',; 2: (~~ ,,~ r'U':....,.i;_,J'-.:.':: r'. (-""-" I'I"'"V v I"I"',-_::'.,n. ,_/._,1..,;)\ I ( P1F";\!i',I(;Vl \,'!".\:I , _. .j -~.....' I ~\"I \! ,) i-\. , f"lI!IIl'l!i\U~ ,. ~~~\~l$l!l_~.'::I~ ~-, . ,",'" ~.. "~ " "~~...... - --.. ~".. "-~'~~'mW-.MiJ"""I..."",;;;.,, ~, . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton, et al. Defendant/Respondents . : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee's Petition to Set Aside Sheriff s Sale of Real Property, and supporting documents thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA l7055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire _M~~ ~ ~ ~ '~V!_",,,',,,~,,,",-__ . . MARKJ. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virginia A. Hatton : NO. 00-2906 civil term Defendant/Respondent AND the following Respondents for the purposes of the within Petition only: Sheriff Of Cumberland County Kevin V. Anderson Brett Lechthaler Appraisal Solutions James D. Flower, Esquire James D. Flower, Jr., Esquire Respondents PRTITION OF NORTHWRST RANK MINNESOTA, N.A., AS TRUSTER TO SRT ASIDE SHERIFF'S SAI,R OF REAL PROPRRTY PURSUANT TO, INTER ALIA, Po.R.C.P. 3132 Plaintiff/Petitioner Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2, by its Attorney, Mark J. Udren, Esquire, respectfully petitions this Honorable Court to set aside the Sheriffs Sale of December 6, 2000, pursuant to inter alia, Pa.R.C.P. 3132, ,{~lifOj c.~,~ '"'" ~~ . . ~"""",""",,,"(,," . . and in support thereof, avers as follows: 1. Plaintiff, as first mortgage holder, and judgment lien holder/creditor, foreclosed on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055 (hereinafter referred to as "property") and subsequently scheduled the property for exposure at Sheriffs Sale, Cumberland County, PA, for December 6, 2000, lO:OO a.m (hereinafter referred to as "the sale"). 2. Prior to the sale, foreclosing counsel, Mark J. Udren & Associates, retained the services of local counsel, the Law Offices of James D. Flower, Esquire and James D. Flower, Jr., Esquire, (hereinafter referred to as "local counsel"), to appear on behalf of the Plaintiff at the sale of the subject property and bid up to a maximum amount of $95,625.00 on the subject property. 3. Local counsel agreed to appear at the sale on behalf of the Plaintiff, and local counsel was then timely provided "bidding instructions", with instructions to bid the amount of $95,625.00; and furthermore, local counsel had confirmed their receipt of the bidding instructions . 4. Inadvertently and/or negligently, local counsel, although present at and in attendance at the sale, negligently failed to bid on the property on behalf of the Plaintiff at the December 6,2000 sale of the subject property. 5. Although the Sheriff was aware that there was no representative at the sale on behalf of the Plaintiff, and that there was a lack of competitive bidding, the Sheriff negligently allowed the property to go to sale, and be sold at a grossly inadequate price. 6. Upon this office receiving notification from local counsel that it did not bid at the sale on Plaintiff's behalf, the undersigned counsel immediately contacted the Cumberland County Sheriff's Department who advised this office that the property was sold at the sale to a third party bidder, Brett Lechthaler of Appraisal Solutions, for the amount of One Thousand Five Hundred ($1,500.00) Dollars, which amount came forth as result of a lack of competitive bidding. 7. The approximate fair market value of the property is $115,000.00, while the judgment in the foreclosure action was $106,093.03 as of July 14,2000 pursuant to Order of Court. True and correct copies of fair market value amount and judgment amount are attached ~~..~.-. -- , ~ . ~" "__~""~",c- . . hereto as Exhibits" A" and "B" respectively. 8. Therefore, at the least, Plaintiff is looking at a minimum loss of $94, 125.00 (the difference between the correct bid price and the actual purchase price at the sale) while the third party purchasers are looking at a windfall of up to $113,500.00 (the difference between the approximate fair market value of the property and the purchase price of the property), having been unjustly euriched at the expense of an inadvertent and/or negligent mistake by local counsel on Plaintiff's behalf. 9. As a result of the inadvertent and/or negligent mistake by local counsel in failing to bid at Sheriff's Sale, the Plaintiff seeks the setting aside of the sale of December 6; 2000, pursuant to, inter alia, Pa.R.C.P. 3132, so as to re-sell the property at a newly scheduled Sheriff's Sale, affording it an opportunity to correct the harmless inadvertent error and recover the monies duly owed them. 10. The conduct of the sale was negligent as the Sheriff allowed the sale to continue, despite the Sheriff's knowledge of Plaintiff's absence at the sale, said sale now causing the Plaintiff to suffer the exorbitant approximate loss of $94,125.00 plus ongoing attorney's fees and costs in the pursuit of a remedy to stem its losses. 11. The Sheriff knows that at Sheriff's sale set up by a Mortgagee, the Mortgagee is always in attendance to insure competitive bidding and adequate price at sale. This is common knowledge throughout all the Counties of the Commonwealth. In fact, it has been an ongoing custom of many of the Counties to stay or postpone a sale if the Mortgagee is not present at the sale, thereby protecting both the interests of the Mortgagee and those of the Sheriff. This sale should never have happened. 12. The third party purchasers will neither be harmed or prejudiced by the setting aside of the sale and the ultimate re-sale of the property as they did not purchase this property as future residence for themselves, only as an investment. The third party purchasers are investors and buy and sell distressed properties as part of a business enterprise; and, inter alia, they will have a fair opportunity to openly and freely bid at a new Sheriff's Sale. 13. The Defendant will not be prejudiced and/or harmed by the setting aside of the sale as the property, pursuant to law, has already been foreclosed against her. 14. The only prejudice to be suffered if the sale is not set aside is that of the ~~" . ;. I. ~ ,~" ~. ","""_-,,"WM') Plaintiff as the fmancialloss suffered by the Plaintiff as a result of this foreclosure action approximates at least $106,093.03 (the amount of Plaintiff's judgment) and therefore, the failure to have the sale set aside will reinforce this loss. However, if the sale is set aside, the Plaintiff can reduce its ongoing loss by at least $94,125.00, the difference between the actual amount to have been bid by the Plaintiff and the actual purchase price of $1,500.00. 15. But for the negligent actions of the Sheriff and local counsel, the third party purchaser would never have purchased the property, or at the very least, would had to have paid a more reasonable value for the property, otherwise, the property would have been sold to the Plaintiff as attorney on the writ, who would have then privately marketed the property at its fair market value to stem its losses. 16. The Sheriff lacked the authority to sell the property. 17. The Plaintiff, by and through its counsel, attempted to resolve its apparent differences with the third party purchaser, Appraisal Solutions, prior to the fIling of the within Petition in accordance with Cumberland County Rule of Civil Procedure No. 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasions. 18. The Plaintiff, therefore, seeks herein, the setting aside of the Sheriff's sale of December 6,2000 for, inter alia, the following reasons, as more fully set forth hereinabove: a) To forego its significant loss in this foreclosure matter by having the sale set lIside and allowing the Plaintiff to re-sell the property at a new Sheriff s sale to recover the approximate $94,125.00 loss due to the inadvertent mistake oflocal counsel in failing to bid at sale on behalf of the Plaintiff; and b) Due to gross inadequacy of the price that the property was sold for at the execution sale; and c) Due to lack of competitive bidding; and d) Unjust enrichment that, if the sale is allowed to stand, the third party purchasers would be unjustly emiched in the approximate amount of $113,500.00 (difference between the purchase price and approximate fair market value of the property) as more full set forth hereinabove; and e) The Sheriff lacked authority to sell the property; and t) For reasons of equity and justice, to correct the inadvertent and harmless mistake of the Plaintiff, and allow the Plaintiff to be in the position it would have been in but ,~- ~~" - - I ~ "~, ~ ~riill....~~t.- harm and/or prejudice the Defendant or the third party purchasers of the property. 19. The equities are overwhelmingly in Plaintiff/Petitioner's favor and therefore, because the Plaintiff has established proper cause, the Court, as empowered by, inter alia, Pa.R.C.P. 3132, should do what is just and proper under the circumstances: set aside the Sheriff's sale of December 6, 2000, and allow the Plaintiff to proceed to set the property for a new Sheriffs sale date, and enter any other Order which may be just an proper under the circumstances. Pa.R.C.P. 3132. 20. The Respondents for the purpose of the instant petition only are named as captioned and are as follows: Virginia Hatton, Defendant Mortgagor/Real Owner; The Sheriff Of Cumberland County whose office conducted the Sheriff's sale; Kevin A. Anderson, Brett Lechthaler, and Appraisal Solutions, the persons who purchased the subject mortgaged property at the Sheriff's sale; James D. Flower, Esquire, and James D. Flower, Jr., Esquire, the attorneys retained by the plaintiff to bid at the Sheriff's sale on Plaintiff's behalf, but who ended up not bidding, at all. Respectfully submitted, / """"~ ~ ~ . -.1 ~ ." "~fO$W"",_'~ VERIFTCA nON Mark J. Udren, Esquire, hereby states that he/she is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition to Set Aside Sheriffs Sale of Property and Brief in Support are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MARK J. Dated: January 9, 2001 ",,,~. " . EXHIBIT A ~~ I", . ""~"""<i"lI!llIliJ4iIltlii.if,II,f ,,' "'.'-",,' "'. ,,-~h .' ~~ .- - .~" II'"' ~ ~'~""":5l1llillJ~v..l!b _"~';'..", :""..i,t.--..., .,c.,'"'".... ,~,.,,> .~,_~_..~..""__~ '."'.",", "'.:1'" '-,:', " ,--' .' "'/;. ....,.':-- .\-(~,- ..CoMARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County 9. --. C"J =1-\ , . : MORTGAGE FORECLOSURE - S ,-,-..- . . -;.. ~ ".,-' v. Virginia A. Hatton 20 Big Main street Shiremanstown, PA 17055 Defendant(s) : NO.00-~2906 civiJ.term . PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER..ANDJSSESSMENT..O.F...DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant ( s) for failure to file an Answer to Plaintiff I s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 05/04/00 to 06/30/00 Late charges per Complaint From 05/15/00 to 06/30/00 Escrow payment per Complaint From N/A to N/A $104,388.37 1,622.26 82.40 o 00 TOTAL $106.093.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy which is attached hereto. i J. ~SOCIATE3 Mar1_J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRoPR01'HY , ,J'li . . . EXHIBIT B .,'~~~""","-~ ..~~ , .-~." _w<.~ J_ - - - ....~~ I,,~~. " J~k_ -->,~ "'~'~.," ~ ~..., '~IiMM!CI'"'\1 I""Il;CI I ~ HSGi. 71.~~ . '~~.~...r..-:#i!. ". .,... "'. ..... .... ."r' . - "-. ItI!Ui.NLI""C . ..........~c.~-u.... . . ;. '1:.. .'",..,"~ .o.lJ~ 'I!ItONOTCON"r. .. IlIN. .au_.. .....'-_ .,. ......: -"""'_.. . U....... -..._.. qU.., ...... ~!'':'..~1ilTY ''''-5!~T1_i . " If_n......... .r,r............. ' ""-,' I04I<Ili -..... . ........... "'-- -..~. II' unnq 1"'ftDJ.... .- . .' CARTC;:L ~SSET MANAGI:lIIIIEi!lrT. INC. raoal ..-....00 C1flloo . II........ Oll-Oaf...,,, - ~'. , '_:I) 04:soo.0.0 ~"':l( flE?RftD. W\fFI~' vt~G1'N~ HA.~ -*1 ~,' _UI CattN C""'-f1.....1 114M ...... I . . ~..... "., Moor- ilK, ~..,,~::;"> DO.UOOll8aoz ~~II.tillll'IlII.UIIIIliIlJlIllJI/II"U"J'/II"1 ." f'.. 170SG IIP/IIt/ll !I/IIt.JIIIIJIIII pm II/IIJnIlJ11lfJII/I'IlIl}/JI 1181 ' " ....,..,....,.. "...., -"~':--":,"' .....,.......T"PTYIi... :SF' - G_ .............Mt.. """"'" ' c::r I"C.".. ~~..~ ~ ."'..,., ........ . CT -"0_,. UNUlB8 "'_u..a_ '1'0 Co $0. '. n-..........- .. '.' "~''''--~'5Cl'' :.... 1.1.~,,,,,,,_, .. ~...&\aIaI:;., -_....- . ~ U CIt,............dMr.,.,U., CnmlH'UIao U.lAftaa.. . ......"'UTtnl. OWIIPfl MunG,,, . . '_..................."....- ~:h...___ ~I.l'ln\l...... M. - _6",,"1i'I'~ 1fa4. ..,..... NoW.., !II t,"'- II"rwbw1monw '''-_''' ............. ~""" 0....... ..........lGOtPftnlltlr.....nnft "Wftlt'!.".,............,."........ . -=_].. ~""'Jll" .. !!l:Ift.SGD s...rn;;..PI3ft'...... ,."..... -till." r....' ~~" a_' . --,. ~~""""'tIftA.....,... .. t.. o..a.r.. .. .'".. PftftWc:)'......... Lletl..... Asiotti. ;"j'C,.~-~: _ \ FRGE'E13 .~ ~~~.- --;--:- ..~. .'~ ~ . .'~. ':. - /~...,' t ,c_.~_; .. Qlh....A...__.m1lllL . 1;lcIftutC..:a,. ~114: . .. . ~cueUfnlI\lLhl.~lIl'I..n:l.'~ . ""'1'1-" QlO!;""."f',O "' qN, fYII" . ~"'O'I' ........ AIUtN.. "!CIiIl'a " CrI ...... Qltilto.~ Q .U..".... . U ,PiIGb a_lllP-rlce ". w '....;-D... .~. _ alll A&&. ~ot'U'" .1flI..~\ !W Q,,"", f_ iaro ,..... .'.J Q II ~;:. .. D..w,'.., .-- J:)AI.1D-'1.3~ ......" - .... ~ , Hjf!""",, ... rrw....._. ""'~1lI' p...... ,II _. _ . ......lMio .. w....ItI#a. a "',.... .,. .. a . ,. .. . n. .. ans - ft. l'l",,' CORp --,.... ." ..... . . ... . vallie '". . . t ___.._ "fA 1 .' '"" .. . INO""'.........-.._...............'..~N_..... a"ll ..~_. _A ~ri.. a_a .1IlI.._ n",,?,. :, ~".. -.. I &.. .. ...... ""_. ...*.. to ,... '.11,,:, .-. ~.:.- -~* - on_. .....11\ """~ -. -_n....-. . - ..~ --c..-" ..';:' .u _ .....__ ...."mJl'.~ u,.. . --_en ~ .:.___.... M"__'" - ""'?o"" .....-.....-=- :: :h~ -';:"~ ,,~':,:.-:- ..:::.~...t}...._-~. ..:_:;;-;;,;;...... b)' .'--r ~'_""'_,;- I!l_'--""I:!r_ ..". ~......hB"" ""- -~ - :lI--_, "Ir<.~ tbP.!IJ:!2lI"" ;;::0:: __, .'11 ""lI;hin v"Q!''i _.~_ V ' ~~-" 8~""'O.._.Il'" b<RiJ' V~~t!f:ln ~~~~~1 M1 ..lto....!~..e1!i~..._.. '?_-....""'.... :Pb~.os. ~... . ,.. ............ 1:1\. ""'" !"! ..., - " 1......_ "'1$"" .n _".1'. . . . ....n... ....... .............. - n.. ....".... .... _,,_~, ,,__ .... __u_ _'~_"'. .... . . ._ " ..... " .; -=-- . . .' . . - .--- . ~... --=.- ~..., ~."....P.n .~ -::.ix~~"'tt": ae :02"B__~ J..I.~.\:"..;....:"a_........k.:::...,..h p......... ..,,, "'l787oo - ..', _' ..... .. ...... ... "'....0110 -..- "W:-'" , .. ..... III!""",._ "'."" S1:IS,oal"1 _.. . aI".....apInIQft_''(.....~~ ' -....,-.. -. 1II'1l!..-..:....... ...CIa~...t "'_~"!ll_" ... . .. . " :.. .". .".. C1.......!II! .'. . 111'8.1' 118'0''', .. .~... ..... . . _.... B_oOi '2lS4.. 13'ACId.. '~".) { "\ . . ~A' .?', ~ ...." ;po " "/.!I , .. ~ ,1,= 11I08 '. '. .- ~S :.\. cP .' ~. I'.~: ::- -:.... '1:; '.' ,.. .. I.. .,,:~_ .:..... ':C;.. . - ~ . '" *' '.. . . -}:.-\\ ~1JA~~ e '-7 . \\* ~ " ..~.. "C. ., .' .. ': ~. '. :" IA.. :'-.J'" ';. .W., .' . to.. '. --.... , -- ~. .-. Q.,.-I.- (jR~_ /J qq TOTAL P.01 """~~' .""^ . "'1~!;!;lij~I!tiMJJIi!t!Willilil~~jM".<'I!-!\",,,,,,.jfM'"~"'"-.''''i,;e'''ri~iliW~d''' -~,~~ '_~~1!!lW'" ~. '~""jJ~~~!l&lj""'- C) C) (""1 <:"0: . , ~." .-, -0 1'"'1': , . 1 Z ...'." " :.>~ cu- - C::J en c:) ....:~ , . .J '- -- ;'c'" :::.-. :.j :E -.;.;-, . - C) j:::; f;~! ::=l I " l ~:':~~l L~: -< 'V 51 -< (]) -< . . I.. I' i Ii ii H !I Ii Ii II ..d ,,' -,.;. - _'~ ",,'0._' ,'"1.1' .'" -,__ ~_ .~ k - ~""" NORWEST BANK MINNESOTA, NA, : IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR THE SOUTHERN : CUMBERLAND COUNTY, PENNSYLVANIA. PACIFIC SECURED ASSETS CORPORATION, MORTGAGE LOAN ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 1998-2 PLAINTIFF/PETITIONER V. VIRGINIAA. HATTON DEFENDANnRESPONDENT 00-2906 CIVIL TERM ORDER OF COURT AND NOW, this /~ day of January, 2001, upon consideration of the foregoing petition, IT IS ORDERED: (1) A Rule is issued against respondent to show cause why the objections and exceptions to the sheriffs distribution of sale proceeds pursuant to Pa.R.C.P. 3136(d) should not be granted. (2) Respondent shall file an answer to the petition within twenty (20) days of service. (3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within fifty (50) days of service. (5) Briefs shall be filed in chambers not later than Monday, April 9, 2001. Argument shall be held on Thursday, April 12, 2001, at 8:45 a.m., in Courtroom No. II of the Cumberland County Courthouse. (6) Notice of the entry of this order shall be provided to all parties by petitioner. (7) All proceedings shall stay pending further order of court. ,- ,-. '" ,~ ~ ~_~, - I",,, ~.~" ~~ "~~o ~ . Mark J. Udren, Esquire For Plaintiff/Petitioner y ~\ {\ _~ 1>,0 \.,.<< O\'\~ Sheriff of Cumberland County Kevin V. Anderson Brett Lechthaler Appraisal Solutions Virginia Hatton :saa .r .~~ -' !IIWI/!Il!IIl!I~~I~~ "~ . .,,<' ,- , '--", i-'I.., "'"",.( ;,/'''; 1 C\\ V, roO ...' " - ~ ; ;., 9~ ;i5 j -\ ~ \ ""_ -,1,-' ' i -'(---\i '!'l'.rry \)JiV:L,.';~.. \.,.;J.... "I "'-"'I""'l'..nl'I' n::l\ii\;;:)I in'I,"" ..... m'l':, _~~< ~ ~M!l'l\~;Il!;j~~."",..~,,".~ ""~ ~~'" ". -'. ~ , .=-~ , -... =~ - ~- - ~ I ~ -~~~MSlili~~b;Ij'~",., MARK J. UDREN & ASSOCIATES BY: MarkJ. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DMSION Cumberland County Plaintiff NO. 00-2906-Civil Term v. Virginia A. Hatton Defendant(s) OBJECTIONS AND EXCEPTIONS TO THE SHERIFF'S DISTRIBUTION OF SALE PROCEEDS PURSUANT TO Pa.R.C.P. 3136(d) Objector/Exceptor, Norwest Bank Minnesota, N.A., as Trustee ("Norwest") by and through its attorney, Mark J. Udren, Esquire, respectfully objects and excepts to the Sheriffs Distribution of sale proceeds pursuant to Pa.R.C.P. 3136(d) with regard to the Sheriffs sale of December 6,2000 on property commonly known as and located at 20 Big Horn Avenue, Mechanicsburg, PA 17055 ("property") as follows: 1. The Sheriffs sale was improperly held as, inter alia, the sale price of the property was grossly inadequate; there was a lack of competitive bidding; and the Sheriff lacked authority to sell the property; and 2. The Plaintiff is seeking to set aside the Sheriffs sale and therefore, incorporates herein by reference as though fully set forth at length its pending Petition To Set Aside Sheriffs Sale Of Real Property Pursuant To, Inter Alia, Pa.R.C.P. 3132, having been filed on January 10, 2001, and attached hereto, made a part hereof, as Exhibit" A". 3. The Respondents for the purpose of the instant Objections/Exceptions are as follows: Virginia Hatton, Sheriff of Cumberland County, Kevin A. Anderson, Brett Lechthaler, and Appraisal Solutions. .,,...J_M~ I 1~4,M1illW't--Ai::i"~~',,<, WHEREFORE, Norwest, Objector/Exceptor, respectfully requests the Sheriff and the Honorable Court refrain from distributing the proceeds of the Sheriffs sale until the ins Objections/Exceptions are disposed of by the Honorable Court. Respect MARK J. , Esquire orney or Objector/Exceptor ~Norwest Bank Minnesota, N.A. ~~,,-"h "_ "h.~ ~,~ , L ~"'-'_""';~_'r#~" VERIFICA nON Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Objections/Exceptions are true and correct to the best of his knowledge, information and belief. the undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section, 4904 relating to unsworn falsification to authorities. Dated: b . -.- ~ 1- ~>J_-'!;&"">,,,h,, MARKJ. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County v. . Virginia A. Hatton, et al. Defendant/Respondents . : NO. 00-2906 civil term ORDER AND NOW, to wit, this day of , 20 , upon consideration of Plaintiff/Petitioner Norwest Bank Minnesota, N .A., as Trustee's Petition to Set Aside Sheriff s Sale of Real Property, and supporting documents .thereto, and upon consideration of any Reply thereto, and after hearing, it is hereby ORDERED AND DECREED that the Petition is hereby GRANTED; and that the Sheriff's Sale of December 6, 2000, on property commonly known as 20 Big Horn Avenue, Mechanicsburg, PA 17055, is hereby set aside. It is further ORDERED that the property shall be re-sold at the next available Sheriff's sale, with costs of sale to be borne by the Plaintiff/Petitioner. BY THE COURT: J. cc: Mark J. Udren, Esquire Sheriff of Cumberland County, P A Brett Lechthaler, Appraisal Solutions Kevin V. Anderson, Appraisal Solutions Appraisal Solutions Virginia A. Hatton James D. Flower, Esquire James D. Flower, Jr., Esquire ,-' I, EiUI8/T A ~"-'" '.'" ~ c" ~~."'", .1.'<'>" """">lillMi~_~i'li'1 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage LoanAsset-Backecf Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County . v. Virginia A. Hatton : NO. 00-2906 civil term DefendantiRespondent AND the following Respondents for the purposes of the within Petition only: Sheriff Of Cumberland County Kevin V. Anderson Brett Lechthaler Appraisal Solutions James D. Flower, Esquire James D. Flower, Jr., Esquire Respondents ~TITlON OF NORTHWEST llANK MINNRSOTA, N.A., AS TRUSTRR TO SET ASIDR SHRRTFF'S SAJ.R OF RRAL PROPERTY PURSUANT TO, INTRR AHA, Pa.R.C.P. 3132 PlaintiffIPetitioner Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through CertifiCates, Series 1998-2, by its Attorney, Mark J. Udren, Esquire, respectfully petitions this Honorable Court to set aside the Sheriff's Sale of December 6,2000, pursuant to inter alia, Pa.R.C.P. 3132, -*"'~' I~~ " and in support thereof, avers as follows: 1. Plaintiff, as first mortgage holder, and judgment lien holder/creditor, foreclosed on property commonly known as 20 Big Horn Avenue, Mechanicsburg, P A 17055 (hereinafter referred to as."property") and subsequently scheduled the property for exposure at Sheriff's Sale, Cumberland County, PA, for December 6,2000, 10:00 a.m (hereinafter referred to as "the sale"). 2. Prior to the sale, foreclosing counsel, Mark J. Udren & Associates, retained the services of local counsel, the Law Offices of James D. Flower, Esquire and James D. Flower, Jr., Esquire, (hereinafter referred to as "local counsel"), to appear on behalf of the Plaintiff at the sale of the subject property and bid up to a maximum amount of $95,625.00 on the subject property. 3. Local counsel agreed to appear at the sale on behalf of the Plaintiff, and local counsel was then timely provided "bidding instructions", with instructions to bid the amount of $95,625.00; and furthermore, local counsel had confirmed their receipt of the bidding instructions . 4. Inadvertently and/or negligently, local counsel, although present at and in attendance at the sale, negligently failed to bid on the property on behalf of the Plaintiff at the December 6,2000 sale of the subject property. 5. Although the Sheriff was aware that there was no representative at the sale on behalf of the Plaintiff, and that there was a lack of competitive bidding, the Sheriff negligently allowed the property to go to sale, and be sold at a grossly inadequate price. 6. Upon this office receiving notification from local counsel that it did not bid at the sale on Plaintiff's behalf, the undersigned counsel immediately contacted the Cumberland . County Sheriff's Department who advised this office that the property was sold at the sale to a third party bidder, Brett Lechthaler of Appraisal Solutions, for the amount of One Thousand Five Hundred ($1,500.00) Dollars, which amount came forth as result of a lack of competitive bidding. 7. The approximate fair market value of the property is $115,000.00; while the judgment in the foreclosure action was $l06,093.03 as of July 14,2000 pursuant to Order of Court. True and correct copies of fair market value amount and judgment amount are attached --~ ""'~i"'"M~'iik'i.''' ,~ - . - .~ .""""" rl> j(""",~_~""". hereto as Exhibits "A" and "B" respectively. 8. Therefore, at the least, Plaintiff is looking at a minimum loss of $94,125.00 (the difference between the correct bid price and the actual purchase price at the sale) while the third party purchasers are looking at a windfall of up to $113,500.00 (the difference between the approximate fair market value of the property and the purchase price of the property), having been unjustly enriched at the expense of an inadvertent and/or negligent mistake by local counsel on Plaintiff's behalf. 9. As a result of the inadvertent and/or negligent mistake by local counsel in failing to bid at Sheriff's Sale, the Plaintiff seeks the setting aside of the sale of December 6; 2000, pursUant to, inter alia, Pa.R.C.P. 3132, so as to re-sell the property at a newly scheduled Sheriff's Sale, affording it an opportunity to correct the harmless inadvertent error and recover the monies duly owed them. 10. The conduct of the sale was negligent as the Sheriff allowed the sale to continue, despite the Sheriff's knowledge of Plaintiff's absence at the sale, said sale now causing the Plaintiff to suffer the exorbitant approximate loss of $94,125.00 plus ongoing attorney's fees and costs in the pursuit of a remedy to stem its losses. 11. The Sheriff knows that at Sheriff's sale set up by a Mortgagee, the Mortgagee is always in attendance to insure competitive bidding and adequate price at sale. This is common knowledge throughout all the Counties of the Commonwealth. In fact, it has been an ongoing custom of many of the Counties to stay or postpone a sale if the Mortgagee is not present at the sale, thereby protecting both the interests of the Mortgagee and those of the Sheriff. This sale should never have happened. 12. The third party purchasers will neither be harmed or prejudiced by the setting aside of the sale and the ultimate re-sale of the property as they did not purchase this property as future residence for themselves, only as an investment. The third party purchasers are investors and buy and sell distressed properties as part of a business enterprise; and, inter alia, they will have a fair opportunity to openly and freely bid at a new Sheriff's Sale. 13. The Defendant will not be prejudiced and/or harmed by the setting aside of the sale as the property, pursuant to law, has already been foreclosed against her. 14. The only prejudice to be suffered if the sale is not set aside is that of the ,~-.-'~~ ~... , il'rJ.-l!<Mi:t'~dc'~~U1'~ Plaintiff as the financial loss suffered by the Plaintiff as a result of this foreclosure action approximates at least $106,093.03 (the amount of Plaintiff's judgment) and therefore, the failure to have the sale set aside will reinforce this loss. However, if the sale is set aside, the Plaintiff can reduce its ongoing loss by at least $94,125.00, the difference between the actual amount to have been bid by the Plaintiff and the actual purchase price of $1,500.00. 15. But for the negligent actions of the Sheriff and local counsel, the third party purchaser would never have purchased the property, orat the very least, would had to have paid a more reasonable value for the property, otherwise, the property would have been sold to the Plaintiff as attorney on the writ, who would have then privately marketed the property at its fair market value to stem its losses. 16. The Sheriff lacked the authority to sell the property. 17. The Plaintiff, by and through its counsel, attempted to resolve its apparent differences with the third party purchaser, Appraisal Solutions, prior to the filing of the within Petition in accordance with Cumberland County Rule of Civil Procedure No. 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasious. 18. The Plaintiff, therefore, seeks herein, the setting aside of the Sheriff's sale of December 6,2000 for, inter alia, the foIlowing reasons, as more fully set forth hereinabove: a) To forego its significant loss in this foreclosure matter by having the sale set aside and allowing the Plaintiff to re-seIl the property at a new Sheriff's sale to recover the approximate $94,125.00 loss due to the inadvertent mistake ofIocal counsel in failing to bid at sale on behalf of the Plaintiff; and b) Due to gross inadequacy of the price that the property was sold for at the execution sale; and c) Due to lack of competitive bidding; and d) Unjust enrichment that, if the sale is alIowed to stand, the third party purchasers would be unjustly enriched in the approximate amount of $113,500.00 (difference between the purchase price and approximate fair market value of the property) as more full set forth hereinabove; and e) The Sheriff lacked authority to sell the property; and f) For reasons of equity and justice, to correct the inadvertent and harmless mistake of the Plaintiff, and allow the Plaintiff to be in the position it would have been in but "-'_ ~,L,.,"_&" 1- -. ~"""tr,,,,,,,~...?~, harm and/or prejudice the Defendant or the third party purchasers of the property. 19. The equities are overwhelmingly in Plaintiff/Petitioner's favor and therefore, because the Plaintiff has established proper cause, the Court, as.empowered by, inter alia, Pa.R.C.P. 3132, should do what is just and proper under the circumstances: set aside the Sheriff's sale of December 6, 2000, and allow the Plaintiff to proceed to set the property for a new Sheriff's sale date, and enter any other Order which may be just an proper under the circumstances. Pa.R.C.P. 3132. 20. The Respondents for the purpose of the instant Petition only are named as captioned and are as follows: Virginia Hatton, Defendant Mortgagor/Real Owner; The Sheriff Of Cumberland County whose office conducted the Sheriff's sale; Kevin A. Anderson, Brett Lechthaler, and Appraisal Solutions, the persons who purchased the subject mortgaged property at the Sheriff's sale; James D. Flower, Esquire, and James D. Flower, Jr., Esquire, the attorneys retained by the Plaintiff to bid at the Sheriff's sale on Plaintiff's behalf, but who ended up not bidding,. at all. Respectfully submitted, ~b - ~.= ":iOi!"~~~,,-~'~;,,f: VERIFICATION Mark J. Udren, Esquire, hereby states that he/she is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Petition to Set Aside Sheriff's Sale of Property and Brief in Support are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: January 9,2001 MARK J. ~,..."'_~~ "_J ~. 'U _~ ..J....,,~""_.iMWii;lWi;o 4 . . EXHIBIT A '''~'''~<\"-.... fAl. .~,~", ~ ,&~~ ~ , ~w......... ~_jf'~I'_i ..:,:,.HI.:-..;,l.M-8. .. ,""','--'. . ',..;-... ..... '~".'" ,,, ..... -.....lo'.~ '...... .,. ..... .".... "" ........... ~ ... '''' ~.... . ....' .,.".; :.-.:';.\" .MARx J. ODREN & ASSOCIATES BY: Mark J. Udren. Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY. SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff : COURT OF. COMMON PLEAS : CIVIL DIVISION : Cumberland County ( J ~::."\ Q 2-; -- c. ?: !.:-; .' --cu:.: S-..: ! ; ;~-.:. ':PC;.~ . ....,':~ ~~;)" .~- -..::::), ~c~ -0 .:~:!} :..c." ::.; '~~';t) @~ . : MORTGAGE FORECLOSURE v. v~rginia A. Hatton 20' Big: Mairi Street. Shiremanstown, PA 17055 Defendant(s) : NO. 00-:2906 civil term . PRAECIPE FOR JUDGMENT FOR FAILURE TO AN.sl!lER-ANILASSESSMEN'LO~AMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I stomplaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 05/04/00 to 06/30/00 Late charges per Complaint From 05/15/00 to 06/30/00 Escrow payment per Complaint From N/A to N/A $104,388.37 1,622.26 - 82.40 o 00 TOTAL $106 093 03 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy which is attached hereto. "^; J. pSOOIATE' Mar1_J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED nJl.'1'F., IW""L-" .' n~_,.;!;Il~"""""i1-" .. 4 . . EXHIBIT B -""..~~. _u ,"M _J~ .. - ~-......I........ ~ - -'~-~~,""i!'____]oIfl--_ ~~=~1 . : T.P'.l.~-535.:. \ PflGE,Q13 ~"'-i!:S,~.;~t'""'~:":".~..~ tiS!".' '.'~""""'. ~...-..:~'__,,-:_ ~. '. :.. .... :~~-"'." '. -':.. ,. .. , CA~e;I-~SSET MANAGE!M~T. INc. r....a) 420....00 Ofl'l".. . ......... O-..roO" - ~ '" , '.:sa:l) 06:sa.8C8o ""'lit ,,~~. VI~q'N~ ttA~ ~; ~.,c;.."'UI CGtt.. CJIl.ft-.nt& .14"" . c.rrelP'LV.'-DDa...,a0Il811D2 _~. .... ~...,. tt"Noor- ". '. ~.flrllQqRlfll"JIIl",IIJlIl'JI/II..J/~l)1/1I11l Ilfll/l{lD "111 lllllJIIIIJlIl1 pru IIlJIJIl1IJ1U'JIIII'Il/I}1I1 /fBI ' rJlIlIS_. ,......"'::'; --~. rnllnf'P.RTP TYPIII at"' . - G-lI..........InPh_ . c=r I"'~~"'.....n'...... .....kltII . CT AO....O_ Ul'll..lllBllI R_"'~B""" '1'0 ..... $g. lor . : ~.~-_~'SDO .... fJ.~!!.- _' . - U ,"'lJbft I....... d..........." . M_a-..,,,AUlO....'M.NI..... ~:lt. --....;._ ". - _4 ~....lIerrutft" "1MIws~ 1_._ ..-..pa.,..;panllftf.....aa" ~ .'".' So. ,..... 17GSG .;' . [l--'I'f'IIo"'- . ',' .. IU!DIII....z:aaa&.I.__._ Cnm'....1bIa LJ--._ . 11II " QIh..,"..:........- . .....dIC.:." ~ . .. . .....1lIIte~u...............ft_::Iw-- . ~ D.l;o;"""......C! .. . CON; nil" . ~~ ...~... ,..,... ft,.. Cl! ......, -.. - o 'u.t ",... ~. 'P.... lllIliil'Rttee '. ~ ea.' D... ~. =- eft ReM. ~fII..~., ..........."n V........ "-t. rc.,u............ . t....- ........ .., ,.,...,...... a........ ".......'trN"..........,~.. ~_I . ~.. . -L,..L!' "'Pill"". .. .!e':soa ......~II'IUU......""-......lftr....'.~ ...' . __ MoncnU~ftlllMlnft ......IIIN .. .. ..~_. .. .-' .Pr*wIc~LletI",,~ti, . -a..- _ a.":1a.l13~ -'- .......-- _...."" ........ .If aID.,. ..uw .~......... ......., la... ~ . CII...._... . '. " '1iI .. . .....-......-....--.............:O....--.q, ..~- "'--~ ~""'.. ..........IllI.-104"~J' r ,;..... ~.... -.... .. I..... _1Io -""!1 "-10'-. It R4 ''''... ___ ~.:.. --~. - ......... .-a.. ,~_.. ~. -...." .- - .. ....."'-. . _. .._~ -"\110~'" u._ . __ "<;. _ ':"::__~ .M.n.... ....llijol.... ~....;... a:: .... :::"';~:'''~ ~~ .....-~.~..~t.LIoO~._... -.i..i--:-~..;...ecS 1:1)' "'__y ....AI....""_:~.... ..."lll!............--1O. .....'1....-_0_ ----- -- ,,""... rl!P"~ <!!!:--d' "'-."J!:_ v".;'u ". _ ~. .~"~,Il~bili",:"~'1.~ ~ :.:;..:"'ar.;~}.. M, . loo...., ~._~......" ~"SlIO-..v.... .... 1"''''' 2!l .ft _ .. .v 9...... ClIo """.. ~ _ _...._ W .. .n _...... _, . iII:on,.,-................... - "0 o;..~". GO' _,,_~. aU," '''. __.._ "".". . .... . . .. ..... .. .;:..:.. . . , . . .... . .- -.... ..... ... ......~II.. .... ..' ft. . ~ _ 1\00 . Q/$4.. ."r; . 0 - ;"~') . ~a.;, ..... . 1......- ~""II_"'''n =Dt~..:-~II:~~dR'~.-I..h ."10"".. "'''.''8700 "'''-:D..."_.'V....-r~.: '-'..lIl.1.Il._ ..,....__ s:us,""" .--"'r.18d! .""~..__. ... ~ -~-~ IN1 II! ... . ...,.... ..'''f'' .~~ .. ...... . . . . ...... :.:;. ~ - .~ .'A........... cP '. ~ 1:. :.~. ..... ... , .. '. .. l ".:i ." , . . I ..~"t._ l..... .:z;.. . - ... ~.. ... .,.... '. ~ ":.... 'I;: ',' ',' '-.' .}. ...~... 'C. ., " '. " ;..,"., :....,J.. .;...... " . I' . ~ , . , ' \\1\g .: ~. '.. , . '. --.... . -- -. ...... 0"'-1.- UR").- /J qq TnT"'1 P.1'!1 ~~. ~'~-IMI_"""'",<-'"^,- MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IDGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N,A" as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P1aintiff/Petitioner : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Virgiuia A, Hatton, et aI. : NO. 00-2906 civil term DefendantlRespondents PLATNTIFFIPETITIONER'SRRTF.F IN SUPPORT OF ITS PETITION TO SET ASIDE SHERIFF'S SALE OF REAL PROPERTY I. STATEMENT ()F FACTS The facts, as set forth in the within Petition, are incorporated herein by reference as though fully set forth at length, II. ARGIJMENT The Pennsylvania Rules of Civil Procedure, Rule 3132, "Setting Aside Sale" states in pertinent part: Upon petition of any party in interest before delivery of the... sheriff's deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances, It is well established that a Sheriff's sale may be set aside for gross inadequacy of price. Capozzi v Antonoplos, 414 Pa, 565, 201 A,2d 420 (1964); Continental Bank v Erank, 343 Pa.Super. 477, 495 A,2d 565 (1985); Cl1'eater Pittsburgh Business Development Corp v Braunstein, 390 Pa.Super, 454, 568 A.2d 1261 (1989). Moreover, equitable grounds can warrant the setting aside of sale including the lack of competitive bidding at the sale. ~ e g , Fenton v J.oki, 294 Pa. 309, 144 A,136 (1928) (protection ofP1aintiff's interests due to improper and/or mistaken bidding and lack of competitive bidding). cr., Federal T .an.d..Bank: otBaltimore v Richards, et al , 47 D.& C. 389 (1942, Lackawanna County, Pa,); cr., Hephurn v Stein, 17 D.& C. 101 (1931, Philadelphia County, Pa,). ~. "~ ~ ~ -~.I . - - ~~~ B"'<"~_,,,,~o-<. ~ To prevent "injustice", a Sheriff's Sale can be set aside where a mortgagee's attorney is unable to bid to protect the foreclosing attorney's interest. Hepburn, jd, Unjust enrichment is properly pled herein as the primary relief sought is legal while the unjust enrichment equitable doctrine is ancillary thereto. D.engel v Harvey, 4 D. & C. 3d 708 (1977); Cf., City of Philadelphia v Penrose Management Company, 142 Pa,C, 627; 598 A,2d 105 (1991) (alloc dn in _ Pa. _, 609 A,2d 169), As set forth in the within Petition, the Plaintiff intended to adequately protect its interests with regard to the property by having local counsel be present at the sale with the instructions to place the minimum bid on behalf of the Plaintiff and to bid up to a specific amount at the Sheriff's sale in the case of competitive bidding, As set forth in the Petition, local counsel negligently, mistakenly and/or inadvertently failed to bid at the sale such that no competitive bidding took place and, therefore, inadvertently, the Plaintiff did not have the opportunity to properly bid the amount it was seeking, As a result of the Plaintiff's local counsel's inadvertent and/or negligent mistake in failing to bid at sale on behalf of the Plaintiff, the property was sold to a third party bidder for $1,500.00, and the sale lacked competitive bidding. This purchase price is blatantly and grossly inadequate as defined by the governing case law whether viewed from the perspective of the Plaintiff's $106,093,03 judgment amount; the $115,000.00 approximate fair market value of the property or the Plaintiff's proposed bidding price of $95,625,00, The purchase price does not even equate to 2 % of any such formal or informal price indicator set forth above and thus, in essence, allowed the third party bidder to have become unjustly enriched. The third party bidder should not be entitled to this extremely unjust windfall as a result of purchasing the property at a grossly inadequate purchase price, The conduct of the sale was negligent as the Sheriff allowed the sale to continue, despite the Sheriff's knowledge of Plaintiff's absence at the Sale, therefore, the Sheriff lacked authority to sell the property, The equities in this matter weigh heavily in favor of the Plaintiff, Setting aside the sale to allow the Plaintiff to resell the property at a new Sheriff's sale will not cause prejudice and/or harm to any of the parties. The third party purchasers purchased this property, like many others they have purchased in the past, for investment/business purposes, not as a residence. The Defendant's interest has already been foreclosed, ~_"~....k" "-'~_~iIIl' ~- ---~~ - - ~ , "" ~ ~r~" ""!1"'i>l<i::hi,ki~lJ: : The Plaintiff, by and through its counsel, attempted to resolve its differences with the third party purchaser, Brett Lechthaler and Kevin V, Anderson, Appraisal Solutions, prior to the filing of the within Petition in accordance with Cumberland County Rule of Civil Procedure No, 206-2(c) by discussing the matter with the third party purchaser and its agent on multiple occasions, The prejudice and/or harm suffered by the Plaintiff in this case would be substantial if the sale is not set aside. Such prejudice and/or harm includes, inter alia, a significant minimum fInancial loss of approximately $94,125.00, merely for lending money to a person in order for that person to be able to purchase a home, The re-sale of the property would help alleviate some of this significant overall financial loss, and will continue to allow the Plaintiff to have funds available for other persons who also need such funds to purchase a home. Therefore, the Plaintiff seeks the setting aside of the Sheriff's sale of December 6, 2000, for the folIowing reasons: principles of equity, fairness and justice; to allow it to correct an inadvertent mistake and submit a correct bid for a subsequent sale; to prevent purchase of the property at a grossly inadequate price and as a result of a lack of competitive bidding; to prevent unjust emichment; to prevent its own significant financial loss; and to prevent any prejudice and/or harm against itself as a result of its inadvertent mistake, FinalIy, if a Petition To Set Aside the Sale pursuant to Pa,R,C,P. 3132 is timely filed, then, the Sheriff's Deed shalI not be executed and acknowledged before the Prothonotary, and the Deed shall not be delivered for registry and recording, Pa,R.C.P. 3135, To the best of Plaintiff's knowledge, information and belief, the Sheriff's Deed has not been executed, acknowledged, delivered or recorded. m. CQNCI,USJON For all the reasons hereinabove stated, and as further set forth in the attached Petition, the Sheriff's sale of December 6,2000 should be set aside, and the Plaintiff be allowed to resell the property at a new Sheriff's Sale. Respectfully submitted: MARK J. S }.., ~ S""'''- ~Ilil!"""'>!l~!!f<', , :~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IDGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southeru Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 . COURT OF COMMON PLEAS CML DMSI0N Cumberland County Plaintiff NO. 00-2906-Civil Term v. Virginia A, Hatton Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the attached Objector/Exceptor Norwest Bank Minnesota N.A.'s Objections and Exceptions To The Sheriffs Distribution Of Sale Proceeds Pursuant To Pa.R.C,P, 3136(d) upon the following person(s) named herein at their last known address or their attoruey of record, _ xxxxxx _ Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: January 11, 2000 ,'-', I::' , Appraisal Solutions Kevin V. Anderson Brett Lechthaler c/o Appraisal Solutions 19 N. Baltimore Avenue Dillsburg, PA 17019 Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 Virginia Hatton 20 Big Horn Avenue Shiremanstown, PA 17055 James D. Flower, Jr., Esquire 26 W. High Street Carlisle, PA 17013 James D, Flower, Esquire 26 W, High Street Carlisle, PA 17013 e tifflPetitioner u. ',,'- \-- ~ . ,', ; --~;: .- !-- -' ". ,- f~F u~ ,-.i ..::\" '->- ~,~ ::' "" LeT C',J :-'~!~:j >- -. -.~~~ ; !~' "7 ulfE ~3 o - ..' ,,< c:::; - I. ll~t~MU~~ ~~~~~f J'~ \t \\ 32 M\ '01 CMtl\SLE. PEIHIS'1'L'.JMHA ," ~I~~o .~ " ,,~ ;v- ~"~~-'" - , ~'!Cm~~~~ __ __'-!!I,.~, _- Wl,,,,,,,,,_~ ,t1~,~.~,,",,"_ ,_ - J' ~ - '. . '1 Writ No. 2000-2906 Civil Norwest Bank Minnesota, N.A. -vs- Virginia A.Hatton 20 Big Horn Avenue Mechanicsburg, P A Sale Date Buyer Bid Price ~~; SCHEDULE OF DISTRIBUTION .SALE # 7 Date filed January 5, 2000 December 6, 2000 Brett W. Lechthaler and Kevin Anderson $ 1500.00 Real Debt Interest Atty Writ Costs DISTRIBUTION Amount Collected Sheriff s Costs Legal Search Transfer Taxes Local Transfer Taxes State Credit Writ No. 2000-2906 Refund advance costs $ 106,093.03 4,447.23 107.44 $ 110,647.70 4,771.60 740.34 200.00 1,520.80 1,520.80 789.66 $ 0,000.00 1,000.00 So ~etA1t;;:":~4~ .~~~ ;/' .l;-;."f' 0' '.- ,". .,,.. R. Thomas Kline, Sheriff B~~ Real Estate Deputy ~I ...-, -~ - . ~"''''''''''l%,$.;liI~i!It!!L'' I~ ~= '.mJ ... LA W OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HIlL, NEW JERSEY 08034 856 , 482 . 6900 FAX: 856. 482. 1199 FREDDIE MAC PENNSYLVANIA DESIGNA TED COllNSEL PRNN.f\YT.VANTA OFFlCR 215-568-9500 215-568-1141 FAX MARK J. UDREN' STUART WlNNEG" GAYL SPIVAK ORLOFF'" HEIDI R. SPIVAK'" CHRISTOPHER J. FOX"" CORINA CANlZ*** ALAN M. MlNATO*.* .ADM/7TED NI, PA. FL "ADMllTED PA ...ADMl1TED NJ. PA TINA MARIE RICH OFFICE ADMINlSTRATOR PLEASE RESPOND TO NEW JERSEY OFFICE March 22, 2001 The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013-3387 RE: Norwest Bank Minnesota, N A ,AS Trustee vs Virginia A Hatton, et al No. 00-2906 Civil Term Dear Judge Bayley: On January 12,2001, and on January 18, 2001, you issued separate Rules with regard to the above captioned Petition To Set Aside Sheriff's Sale, and Objections And Exceptions To The Sheriff's Distribution Of Sale Proceeds, respectively, At the present time, we are in active settlement negotiations. As a result of the negotiatious, the parties are in agreement to allow the extension of the Rule dates as foIlows: depositions to be extended to May 1 1,2001; RJi",fo <j~ no!.!ater thj9 June 8 :;lOD1: and the Argument to be held as soon as Your Honor is available after June 8, 2001. I have been unable to contact Defendant Virginia Hatton. Therefore, the parties respectfully request that your Honor extend the Rule dates as set forth above for each of the above two actions pending before your Honor. A proposed Order is enclosed for your convenience. Thank you for your time and consideration, Sincer .....----',. MARK By: Stuart Attorney Bank Minnesota, N.A. ~ " - J~~ .........-1-', . ' ~ , '" The Honorable Edgar B. Bayley March 22, 2001 P. 2 cc: Samuel L. Andes, Esquire (Attorney For Anderson, Lechthaler and Appraisal Solutions) Edward L. Schorpp, Esquire (Attorney For Sheriff) James D. Flower, Jr., Esquire James D. Flower, Esquire Virginia A. Hatton -- ^~ "', '1ilIII "d, 'l;<'i:; MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS IDGHWAY, SUITE 500 CHERRY IDLL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 Plaintiff/Petitioner ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION - : CUMBERLAND COUNTY v. Virgiuia A, Hatton, et al. Defendant/Respondents : NO. 00-2906 Civil Term ORDER AND NOW, to wit, this :J..3rd day of '-h1~ ,2001 ' upon consideration of the Parties' request to extend the Rule Dates set forth in Orders Of Court dated January 12, 2001, and January 18, 2001, it is hereby ORDERED AND DECREED that the Rule dates for each above stated Order Of Court shall each be extended as follows: depositions to be extended to 'tYl~ /I ,2001; BriefsduenotIaterthan F "6 ,2001; and the Argument shall be held on~:Z1 ,2001, at ~: 4'5 d m., in Courtroom No. & , of the Cumberland County Courthouse, The remaining terms of the previous above stated Orders Of Court shall remain in effect as stated, ".. J. [~~ 03 -~3 -0 c) (<,)(s cc: Mark J. Udren, Esquire Edward L. Schorpp, Esquire Samuel L. Andes, Esquire Virgiuia A. Hatton James D, Flower, Esquire James D. Flower, Jr" Esquire J - - --~ ",- - .~ ,~, . .'" "'~ ~_~ ,._~ ~W,,'~ <,,-C\I'C t{ ~.,'~ ,\ \(1 \,jl.... "'t i:i, uY;c,! ,,~\i,Q\~P; j '-'."\;:",_\\,,\.- < CF \c. , O\l;'~ l) 0'>3 \ II "\ ~\t>:\, I. v " ('OD"''I'I CiJtI;'39~lPJ~0~\t\ 1'\:.\'\\'\;:' . - q~'l"! -,~~,- . , ~-~,. "'~~~ ,. ,~, '~<""" ,"'"''''!I--; .'~ ,= -" . .. -, _. ~, _ ,,~~ ""f'f<...._ ~._. 4 r. ~"'= ~ ~ - , _I ~, -"I!r....;"'~,"i-, ., STATE OF PENNSYL VANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler I, -------------------------------______________________o________________________Ilecorderof Deeds in and for said County and Slate do 'hereby certify that the Sheriffs Deed in which __n_________n_ ______~1_1__"__~~:_&.~_~.:'..':l;_~~::r:.~;'.?_~~_~_~_~.:__~I:.:_ ~.?_r_~~~:__~~~~__~~~~::~:::_~_ ~__T~ the grantee the same having been sold to said grantee on the ---___~~~____n__________n_n_n_______n_____ day of December' 2000 ______n_________n__n_n________n_n_ A, D" ; __n_' under and by virtue of a wriL__n_________ Execution . 14th ________________________________________________~uedonthe_____________________________________ July 2000 day of __________________________ A. D" ___h' out of the Court of Cornman Pleas of said County a. of Civil 2000 --___________________ --___ ____... _____ __ ___ h_____ _n_ _____ _______ ______ ____ __ _____ Term, : Number _______~2.9_l!.__, at the suit of _n_~~:.:::.~~__~~_~~_~~~~.?_:~_~_.::_::__~~~.:~~~~:~_::~_!_~~~!_~~_ Secured Assets . Virginia A Hatton ------...----------- -------___ _ -_ __ __ agalDst_ __ __ __ _ _______ _____ ___ __ __ ____ __ _ _ __ ___ _ ___________ is duly recorded in Sheriffs Deed Book No. ___:-~_~__m' Page ____~~~~____. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this n_!.?::____ day of ____.A~---------- A. D., ;Lq_~L --'2q~-jL-~T d;l.~'~~- U Reco er of &eds 1ItcGnler", IlIIdt, bllI"........... ...,eo.,., linn bpiM..ftIiUIIl......._ v . Norwest Bank of Minnesota, N.A -vs- Virginia A Hatton ~'.'. ,,- '"""\lI,'II!",I@h, In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2906 Civil Term Kathy J. Clarke, Deputy Sheriff who being duly sworn according to law, says on October 5, 2000 at 3:50 o'clock P.M. EDST, she served a true copy of Real Estate Writ, Notice, Poster and Description in the above entitled action upon the within named defendant to wit: Virginia A. Hatton, by making known unto Virginia Hatton, at 20 Big Horn Avenue, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Kathy J. Clarke, Deputy Sheriff, who being duly sworn according to law, says on October 5, 2000 at 3:50 o'clock P.M. EDST, she posted a copy of Real Estate Writ, Notice, Poster and Description on the property of Virginia A Hatton, located at 20 Big Horn Avenue, Mechanicsburg, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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: Virginia A Hatton, by regular mail to her last known address of 20 Big Horn Avenue, Mechanicsburg, P A. This letter was mailed under the date of October 6, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock AM., EST, and sold the same for the sum of$1.00 to Wells Fargo Bank Minnesota, N.A., as Trustee flkla Norwest Bank Minnesota, N.A, as Trustee. It being highest bid and best price received for the same, Wells Fargo Bank Minnesota, N.A, as Trustee flkla Norwest Bank Minnesota, N.A., as Trustee, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $740.34, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 30.00 15.00 15.00 30.00 10.00 .50 1.00 6.82 1.07 15.00 20.00 L.- . ". '-'(,' . Law Journal Patriot News Share ofBiIls Distribution of Proceeds Sheriff's Deed 274.70 216.60 23.15 25.00 2.6..5.Q 740.34 paid by Atty. 0I/05/01 SWOIn and Subscribed to before me So ans~r'"' /. . ~ fi?,;J, r ~;. .-;."'~ -r--Y' ...., this 11_ day of ..fT." - L. . R. Thomas Kline, Sheriff' 2001 A. D. ~ D. ~"" B q.D~j '"vvCdj, thonotary Y . ..,), Real Est te Deputy - '~""-'{"" ~.~ 30,(l1l I ~--o . U?. 33 70f 11-. /1"61 ~ '-'~~ .~ j~ , ,---~,' ..... " ( -~( TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WIIL BE EXCEPfED IN THE POllCY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.7 Held Wednesday, December 6, 2000 Date: December 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inClusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded , 2000, in Cumberland County Deed Book , Page RECITAL:. Being the same premises which John R. Hatton and Virginia A. Hatton, his wife, by Deed dated May 22, 1998 and recorded May 29, 1998 in the Office of the Recorder of Deeds in and for CumberlandConnty, Carlisle, Pennsylvania, in Deed Book 178, Page 150, granted and conveyed unto Virginia A. Hatton, OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in bonndary lines, shortage iu area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 50-foot wide Big Horn Avenue. 6. Conditions, easements and restrictions shown on or set forth on Plan of Section I of Mt. Allen Height recorded in Cnmberland County Plan Book 18, Page 14. 7. Building and use conditions and restrictions as set forth in document recorded in Miscellaneous Record Book 174, Page 50. 8. Judgment in the amount of $14,163 entered by Harold W. Fetrow, II and Kathryn M. Fetrow as plaintiffs against Virginia Ann Hatton and John R. Hatton as defendants on December 12, 1997 in the Office of the Prothonoti\fY of Cumberland County to File No. 97-6864. L _ .~ ,~:w__""""*~; ;.,... ,~ 11""" 9. Mortgage in the amount of $79,800 given by Virginia A. Hatton to LL Punding Corp. dated May 22, 1998 and recorded May 29, 1998 in Mortgage Book 1456, Page 886. Assigned to Norwest Bank Minnesota, N.A. by instrument dated May 22, 1998 and recorded Pebruary 3, 1999 in Miscellaneous Record Book 602, Page 544. Complaint in Mortgage Poreclosure filed by Norwest Bank Minnesota, N.A. as plaintiff against Virginia A. Hatton as defendant on May 9, 2000 in the Office of the Prothonotary of Cumberland County to Piled No. 00-2906. Default Judgment entered July 14, 2000 in the amount of $106,093.03. 10. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau for the years 1998 and 1999 currently in the amount of $2,003.15. 11. Building and use restrictions contained in Deed of Mt. Allen Corporation recorded in Deed Book "P", Volume 22, Page 353 that no cinder block shall show above grading level in the house erected on the premises. . 12. Under and subject to a lO-foot wide drainage easement along the rear of the premises as imposed by deed of Mt. Allen Corporation recorded in Deed Book "P", Volume 22, Page 353. 13. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 141, Page 148 and re-recorded in Miscellaneous Record Book 143, Page 41. 14. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 176, Page 682. 15. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 176, Page 713. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. Real estate taxes accruing on and after January 1, 2001 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to detennine snpport arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~. Robert-G~rei1\ge~--------- Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. ~- -~~ .. "- ~ ... (:1, ... REAL ESTATE SALE NO. 7 Wrtt No. 2000-2906 Civil Nonvest Bank Minnesota. N.A.. as Trustee for the Southern Pacific Secured Assets Corporation. Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 vs. Virginia A Hatton Atty.: Mark J. Udren ALL THAT CERTAIN piece or par- ce1 of land, situate in Upper Allen Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern lien of Big Horn Avenue at the eastern line of Lot No. 51 as shown on the Plan of Section 1, Mt. Allen Heights; thence along the east. em line of Lot No. 51. North 05 de- grees 07 minutes 00 seconds West, one hundred sixteen and forty-six hundredths (116.46) feet to a poin~ thence along lots in the Plan of Sec~ lion 2. Mt. Allen Heights North 84 degrees 53 minutes 00 seconds East. ninety.eight and zero hun- dredths (98.00) feet to a point: thence along the western line of Lot No, 53 as shown on the Plan of Sec. lion I. Mt. Allen Heights, South 05 ' degrees 07 minutes 00 seconds ~ East. one hundred sixteen and 1 forty-six hundredths (116.46) feet to a point; thence alont the north- ern line of Big Horn Avenue South 84 degrees 53 minutes 00 seconds West. ninety-eight and zero hun- dredths (98.00) feet to the place of beginning. BEING known as 20 Big Horn Avenue. PROPERTI ID No. 42-29-2454- 007. TITLE to said premises is vested in Virginia A Hatton by Deed from John R. Hatton and Virginia A. Hatton. his Wife dated 5/22/1998 and recorded 5/29/1998 In Deed Book 178 Page 150. .',< I, - "- '<:1:--",,- J ~- la.~~k,,' . ~;.~-'-'" ....,-,''"" .". ,..'-," ,.;.'..., ,~",,~'.;'."t'i,.. . MARk J. UDREN & ASSOCIATES BY,Mark J. Ud.ren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS RIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 , t". ~ , ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporatio~, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virginia A. Hatton 20 Big MairiSfreet Shiremanstown, PA 17055 Defendant(s) :NO. 60~2906 civil term AFFIDAVIT PURSUANT TO RULE 3129.1 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2, Plaintiff in the above action, by its attorney, Mark J, Udren, ESQ., Sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 20 Big Horn Avenue, Mechanicsburg, PA 17055 1, Name and address of Owner(s) or reputed Owner(s) : Name Address VIRGINIA A, HATTON 20 BIG HORN AVE" MECHANICSBURG, PA 17055 2. Name and add.ress of Defendant(s) in the judgment:- Name Address SAME AS # 1 ABOVE 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address HAROLD W, FETROW II AND KATRYN M. FETROW 1053 BRENTWATER RD" CAMP HILL, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. NORWEST FINANClAL DISCOUNT COMPANY ADDRESS UNKNOW .~~ - 'l'!!!",;;,ru",M,h,", ,;,.. -., ,,"~.. 1 . , L" , . , , 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQ., CARLISLE, PA 17013 Domestic Relations Section 13 N, HANOVER ST., CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept, 280946 Harrisburg, PA 17128-0946 7, Name and address of every knowledge who has any interest - the sale: ___'__'n__ --- -,.. Name other person of whom the plaintiff has i~ the property which may be affected by Address Tenants/Occupants . 20 Big Horn Avenue, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are trUe and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec, 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: June 30, 2000 ffVV Mark!J. Udren, ESQ. Atto1ney for Plaintiff , tl'-~ L I ... ....~~ .~,,^e. ''''''''"-i>:h,li<i'' R '~"~".,,,_,,';;';:-"ep ";'~'.'-'",>,_""",~,._......_.,.,..", 1. " MARK J. UPREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, N.A., as Trustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-2 P.O. Box 24737 West Palm Beach, FL 33416-4737 Plaintiff ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Virginia A, Hatton 20" Big Main Street :NO. OO~2906 civil term Shiremanstown, PA 17055 Defendant(s) . NQ'I'I..CE.-OF_S.HERIFF I S---.SALLOF REAlL1'ROPERTY TO: VIRGINIA A. HATTON 20 Big Horn Avenue Mechanicsburg, PA 17055 Your house (real estate) at 20 Big Horn Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 6, 2000, at 10:00 AM in the CUMBERLAND COUNTY COURTHOUSE, COMMISSIONERS HEARING ROOM, 2ND FLOOR, CARLISLE, PA to enforce the court judgment of $106,093.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. N.O'I1CE...:...O~O~EmI"H.TS you MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immad~~~~~~~ 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) ~2-690~ mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by filing a petition asking the Court to .strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. more chance you will have of stopping the sale. to obtain an attorney.) The sooner you contact one, the (See notice on page two on how ~' -~ ~ ....J. .,~=~ lj,\iS!!,~" .. ~ , " YOU MAY ...ST.ILL..BE ABLE.TQSA VE..YOUR.PROPERT.Y AND.. YO.U_ HAVE. OTHER. RIGHTS EVEN......I.E'..THE.SHERIFF.' S.SALE. DOES..TAKE .PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482.6900. 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 amcunt due. in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This 'schedule will' state who will be receiving that. money. The money will be paid out in acc~rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days' after Schedule of Distribution is filed. 7. Youoay also have other rights and defenses, or ways of getting your home back, if you .act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 'Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberlarid County-Bar"Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249.3166 or 800.990-9108 -;""- ~.J I A.' _" ,",'1.-J 'J _t'-' '" C3- \ ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN UPPER ALLEN TOWNSHIP, CtJ1.1BERLAND COUNTY, PENNSYLV2\NIA, BOUNDED' AND DESCRIBED AS FOLLOWS: BEGJ:NNJ:NG AT A POJ:NT ON THE NORTHERN LJ:EN OF BJ:G HORN AVENUE M THE EASTERN LJ:NE OF LOT NO. 5J. AS SHOWN ON THE PLAN OF SECT:>;ON J:, MT. ALLEN HEJ:GHTS; TRENCE ALONG THE EASTERN LJ:NE OF LOT NO. 5J., NORTH 05 DEGREES 07 M:tNU':l!ES 00 SECONDS WEST, ONE HUNDRED S=EEN AND FORTY-S:rx HUNDREDTHS (J.J.6. 46) FEET TO A POJ:NT; THIillCE ALONG LOTS J:N THE PLAN OF SECTJ:ON 2, MT. ALLEN HEJ:GHTS NORTH 84 DEGREES 53 MJ:NUTES 00 SECONDS EAST, NJ:NETY-EJ:GHT AND ZERO HUNDREDTHS (98.00) FEET TO A POJ:NT; THENCE ALONG THE WESTERN LJ:NE OF LOT NO. 53 AS SHOWN ON THE PLAN OF SECTJ:ON J:, MT. ALLEN HEJ:GHTS, SOUTH 05 DEGREES 07 MJ:NUTES 00 SECONDS EAST, ONE HUNDRED SJ:XTEEN AND FORTY-SJ:X HUNDREDTHS (J.J.6.46) FEET TO A POJ:NT; THENCE ALONG THE NORTHERN LJ:NE OF BJ:G HORN AVENUE SOUTH 84 DEGREES 53 MJ:NUTES 00 SECONDS WEST, NJ:NETY-EJ:GHT AND ZERO HUNDREDTHS (98.00) FEET TO THE PLACE OF BEGJ:NNING. . . BEING KNOWN AS 20 BIG HORN AVENUE PROPERTY ID NO. 42-29-2454-007 , TITLE TO SAID PREMISES IS VESTED IN VIRGINIA A. HATTON BY DEED FROM JOHN R. HATTON AND VIRGINIA A. HATTON,; HIS WIFE DATED 5/22/1998 AND RECORDED 5/29/1998 IN DEED BOOK 178 PAGE 150 - .'"'-l~"""'" .' -- "" . 1, .l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAlTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2906 Civil Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and costs due Norwest &mk Minnesota, N.A. PLAINTIFF(S) from Virginia A. Hatton, 20 Big Horn Ave., Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to 'att'ach ine pi6peity offhe defendant(s) not fevied upon in the possession of . "", -\\ ')" GARNISHEE(S) as follows: and to not~y the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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~:;thed~endant(s)noitelliedupon an subject to attachme.nt ililound i,ntheP<<>lisession of anyone other than a named garnishee. yoil areqireGt(l.dfo.notilY'hil)1lherthat he/she has been added as a ga'rnishee and is enjoined as above stated. ' Amount Due $106,093.03 L.L. from 7/l/00 to date of sale l2/6/00 Interest per deiIn @ 27.97 $4,447.23 Due Prothy Atty'S Comm % Other Costs Atty Paid $107.44 Plaintiff Paid $.50 $1.00 Date: July 14, 2000 Curtis R. Long Prothonotary. Civil Division .42(]~ J Q 7p07A-OfJ } --b\I' Deputy REQUESTING PARTY: Name Mark J. Ddren, Esq. Address: 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-482-6900 Supreme Court ID No. 04302 ._-,- ....._'wo ,,,-., ~~IDiWd~l!)!;:t~' "I.li-o .. .. I .- r;<lte:H~" ~ L lJ: -?}:=H;' :..u. .......,' .......,. ~,~~- REAL ESTATE SALE No. By: 1Z7;-ou .,.//.4J ~t'.t,~ A~ ~.....; ~...... I I I ~cr i,j JIll ',r,) ~" 'I ,~:' , _n,:;,: .-~?! --< -~r '1 "- , ,:;J'=~ '-.- . . _ L ~'c.."- l<'", if 11. ~jj ''-' , Ao .. (,,1_ ) THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e 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 whtc:h-is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 31 st day of October and the 7th and 14th day(s) of November 2000. 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, piace and character of publication are true; and That he has personal knowiedge 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", ';'~:~~;~:~~. ,;.:,~.;;;;; ;;;;;;;;;;;;;;;;~;;.;(.~;;;....;;;.;;;;;. ;.D Notal1al Seal Terry L Russell, Notaljf Public Harrisb~rg. Dauphin County My Commission Expires June 6, 2002 Member, Pennsylvania Association at Notane commission expires June 6, 2002 S ALE #7 .. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 215.10 1.50 216.60 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ./.- -- (, --.....J:...i-- ... ~ ~ - - -REAn:STltre-sArEN'" r --- Writ 'No. 2000-2906 . Cfvn rerm - No"",st Sank . Minnesota, N.A.., as Trusfee for the Southern Paeffiq Secured Assets . Corporation, Mortgage Loan Asset - BackecfPass_ .Through Cer!ri1ca1es, Series 1998-2 . vs Virginia A.-Hatton Allyi Mark J. Udren OOSCRIPTION ALL T1i4T CERTAIN pirxe or pan:ef Of land, situate in Uppt:r AlIl'fl Tr.l1.vn~hip, Cumberland C;Dunl:y.'lbrio~yjv;lni<l, bounded and dl.'.Xribed, . ."asfolIows;, , ", . BEGlNNlNC .)f a [Pint on the northern lien of BigJiomArenu(!a lheii"lstemlin~ofLotNo.51 as shovl<'n on the plan of Section 1, Mt. Allen (- Jf.eighls; fhence alOD,!; the eilS(l'm line of lot No. : - 51,.,north OSd~ 07 tninl.!f~'", 00 ,,""('on.tis wesl;.. :":- 01W hundred ~te~l1 and furty~D: brmd.redfhs ',---; (nbA6) feet to <l point thence <110,1:1,1; jo~ in the : :: plan of section 2,. Ml. Allen Height5 north 84- : :.: ,:..Qwces 53 minut('~ 00 seconds t!a~t, ninL1y"t.'ight .. .:'-and zero hundredths (98.00) feet to a PQjnt; . -thenC(' Jia:tlg tf)e_ weslem fftle of LDt No. .13 as snonn on the pJ;m of section I, Mt. ADen !1elgnts.. Eouth 05 dt.>grut!~_07 minute; ()(J seconds . fi.r.~t OJIl' nungred sixteen .3nd fol"f:l.'"'$/x huudrellths (,lZfi4<ii {W Eo a poin~; thence iltong . the- Il()rthern line of Big Hom A\ rnue south 84 deg:rL'C~ 53 mirlU(105 OJ} S-t'conds west ninetyp eight .and :zer,o hundredfhs f98$) feet to <l place of6EGL~N1NG. ' !JE1NG.... . KNOWN AS: 20 Big Horn Avenue. . PROPERTY IV NO, 42-29-2454-007_ Iilk to 5..1id premist.'S is vested in YJrginiq A, Hatton bvai?cil.tromjClbn R Halton and'Virgima A. Hatton,. his hi&.',' dated" 5f22J1998 ilnd -'-!:':~~~,~!.9~~9.9!!E..~rt~.U.7!'e~g~!5D:_ ~ oio'''-'-=' "~ - ".W,~ _~ ~ '-.,JLI" ~~-,<:.. '.' UI~d,;" ~ ~""' ~ 'a_,,,,,,,,- .... ... .- '.,; , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esqnire, Editor of the Cumberland Law Journal, ofthe 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: OCTOBER 27, NOVEMBER 3, 10,2000 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 ~f)(:~~:'- LOIS E. SNYDER, NotoryPuD;" Cariitl. Boro, Cumberland Caunty, PI!.. My CommiMion Expir.. March 5, 2001 mmtii!llli~i.JliliHili~~l!!.IiiJ'wJlaIUill![,g~jjW_W;~""'" _C'.'" " .4 to- r J- RI!I:AL ESTATE Il/lLE NO. 7 Wrtt No. 2000-2906 Civil Norwest Bank Minnesota, N A.. as Ttustee for the Southern Pacific Secured Assets Corporation, Mortgage Loan Asset-Backed pass-TIlrough CertJftcates. Series 1998-2 vs. Virginia A. Hatton Atty.: Mark J. Udren ALL THAT CERTAIN piece or par- cel of land, situate in Upper Allen Township. Cumberland County. Pennsylvania. bounded and descrtbed as follows: BEGINNING at a point on the northern lien of Big Horn Avenue at the eastern line of Lot No. 51 as shown on the Plan of Section I, Mt. Allen Heights; thence along the east- ern line of Lot No. 51, North 05 de- grees 07 minutes 00 seconds West, one hundred sixteen and forty-six hundredths (116.46) feet to a point; them~~ a]oDIJ" lots in the Plan of Sec- tion 2, 'Mt. Allen Heights North 84 degrees 53 minutes 00 seconds East, ninety-eight and zero hun- dredths (98.00) feet to a point; thence along the western line of Lot No. 53 as shown on the Plan of Sec- tion I, Mt. Allen Heights. South 05 degrees 07 minutes 00 seconds East, one hundred sixteen and forty-six hundredths (116.46) feet to a point; thence alont the north- ern line of Big Horn Avenue South 84 degrees 53 minutes 00 seconds West, rUnety-eight and zero hun- dredths (98.00) feet to the place of beglnnlng. BEING known as 20 Big Horn Avenue. PROPERlY ID No. 42-29-2454- 007. TITLE to said premises is vested in Virginia A. Hatton by Deed from John R. Hatton and Virginia A. Hatton. his W1fe dated 5/22/1998 and recorded 5/29/1998 in Deed Book 178 Page 150. '~"" "~' .", ".. , ~=,,,,,-,,- -:-- ' "~a . --~-, ililll - ~ , ~. I. ~~ i " " ., ., ;>'.. ~ j- .> >'..... .......r-, $ 1000.00 advance costs paid 07/27/00 Assessed Valuation $ 9730 Writ No.2000-2906 Civil Term Norwest bank Minnesosta, N.A -vs- Virginia A. Hatton 20 Big Horn Avenue Mechanicsburg, P A Real Debt Interest fr 07/0l/00to 12/06/00 @29.97persiem Atty's Fee Atty's writ costs Escrow Late Charges Real estate Sale No 7 Atty: Mark J. Udren. $ 106,093.03 4,447.23 107.44 L ""~ Ufol!lwi/iaH._';k'_ SHERIFF'S COST'S Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Out of County Armstrong County Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed TAXES Upper Allen Township Hydrant Tax 2000 County Library Township Taxes 2000 School Taxes Cumberland County Tax Claim Bureau 30.00 30.00 15.00 15.00 30.00 10.00 .50 1.00 6.82 1.07 15.00 20.00 274.70 216.60 23.15 25.00 26.50 13.38 345.19 1648.26 2003.15