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HomeMy WebLinkAbout02-5850MARK 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 Mortgage Electronic Registration Systems, Inc 338 South Warminster Road Hatboro, PA 19040 Plaintiff ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS CIVIL DIVISION .Cumberland County V. Aaron F. McLaughlin Terri R. Hyser : NO. e 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) 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 717-249-3166 800-990-9108 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 o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las 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 previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 that is 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 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: N/A Assignments of Record to: N/A Recording Date: N/A 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: 525 S. Spring Garden Street MUNICIPALITY/TOWNSHIP/BOROUGH: South Middle Township COUNTY: Cumberland DATE EXECUTED: 8/27/01 DATE RECORDED: 9/04/01 BOOK: 1732 par_F. icl, 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 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 Mortgage 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 11/30/02: Principal of debt due and unpaid $104,366.59 Interest at 8.749%* from 4/01/02 to 11/30/02 (the per diem interest accruing on this debt is $25.02 and that sum should be added each day after 11/30/02) 6,104.88 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $41.22 should be added in accordance with the terms of the note each month after 11/30/02) 288.47 Suspense Balance (27.44) Other Fees 36.91 Attorneys Fees (anticipated and actual to 5% of principal) 5,218.33 TOTAL $116,517.74 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "All, and made part hereof, and defendant(s) have failed to proceed within the time limits, or have 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 $116,517.74 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 a ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN SOUTH MIDDLE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOW: BEGINNING AT A POINT IN THE CENTER LINE OF THE BACK ROAD FROM CARLISE TO BONNY BROOK AT CORNER OF LAND NOW OR FORMERLY OF DONALD W. LINDSEY AND WIFE; THENCE BY THE SAME, SOUTH 69-1/2 DEGREES EAST 250 FEET TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF WILLIS G. MORRISON AND WIFE; THENCE BYTHE SAME, SOUTH 23 DEGREES 50 MINUTES WEST 100 FEET TO A POINT ON THE LINE OF LAND NOW OR.FORMERLY OF.NETTIE GIBSON; THENCE BY THE SAME, NORTH 69-1/2 DEGREES WEST 250 FEET TO A POINT IN THE CENTER OF THE AFORESAID ROAD; THENCE BY THE CENTER OF SAID ROAD, NORTH 24 DEGREES EAST 100 FEET TO THE PLACE OF BEGINNING. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC., AS THEY APPEAR OF RECORD. BEING KNOW AND DESIGNATED AS PARCEL NO. 40-22-0485-017 IN THE DEED REGISTRY OFFICE OF CUMBERLAND COUNTY, MORE COMMONLY KNOWN AS 525 SOUTH SPRING GARDEN EXT. UNDER AND SUBJECT TO EASEMENTS, RIGHTS OF WAY, OIL AND GAS LEASES, RESTRICTIONS, RESERVATIONS, EXCEPTIONS, AGREEMENTS AND COAL AND MINING RIGHTS AS SET IN PRIOR INSTRUMENTS OF RECORD. JULY 9, 2002 Olympus Servicing L.P. P.O. Bog 202710 Austin, Texas 78720-2710 Phone ( 800 ) 379-6398/Phone ( 512 ) 349-8598 Fax (512) 349-8515 675 1001001789 AARON F MCLAUGHLIN TERRI R HYSER 529 SOUTH SPRING GARDEN ST. CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE M •••. )' , r T ) he ..O fY/ be r, z = = 3 •^. V:, M1.? y un Pos1epe Ln postage $ p- tr CerbW Fee PaetmeHk r ? ? Gert fled F A RNum Recel{N Fee Here (6WOroameM RequlrW) PRi nark Return Recdpt Fee E 1 (Endorsement Requ?rod) Hag 17 1= al"tdcted Delivery Fee (Endorsement R q lMd) O N' Raldoled Del Fee O (Endorsement Requketl) O G Total Posm" 6 Fees PU C3 P-MV, a Fep ra sent 7b .'l o T N ... ......................................................................................... Sheet. Apf. No.: N ................ .. t _.__..._ ................... __.._______ ........ F A .a O of PO Box No. . ................. ........ _.._..._..___.......... ................ r-7 ?O m SNO ___.._. ............................... Act 91 Notice McLaughlin/Hyser Page 2 of 5 HOMEOWNER'S NAME (S): AARON F MCLAUGHLIN TERRI R HYSER PROPERTY ADDRESS: 525 SOUTH SPRING GARDEN STREET CARLISLE, within CUMBERLAND COUNTY, PA 17013 LOAN NUMBER: 1001001789 ORIGINAL LENDER: MERITAGE MORTGAGE CORP. CURRENT LENDER/SERVICER: OLYMPUS SERVICING, LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1883 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During 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. THIS MEETING Mu9T ner_110 uurruw rue Ll?. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of counseling agencies listed at the end of this notice, the lender may NOT take action (30) days after the date of this meetina. The names- addroaaAa mnel ena or tnis Notice. It is only necessary to schedule one immediately of your Intentions. the consumer credit against you for thirtv your lender Act 91 Notice McLaughliNHyser Page 3 of 5 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. _.s-law wn? suaaiable?unds #or?mergency mortgage assistance?re very-IifniterL-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 rece iv es 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. have filed bankruptcy you can still appiv for HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 525 South Spring Garden St., Carlisle, within Cumberland County, PA 17013 IS SERIOUSLY N DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payments of $ 824.39 per month due from May 1, 2002, through the date of this letter (a total of 3 months) and each month thereafter . $2473.17 Accrued Late Charges due after the sixteenth day of the month through the date of this letter and each month thereafter. $ 206.05 Fees. $16.80 Escrow $0.00 Uncollected Interest $ 0.00 Unapplied Funds -$27.44 TOTAL AMOUNT DUE: $ 2668.58 Act 91 Notice McLaughlin/Hyser Page 4of5 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING Ni TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2668.58 ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made oavabla, and sent to Olympus Servicing L.P., P.O. Box 202710. Austin_ a ?n79n_ 974n IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice , the lender Intends to exercise mean its rights to accelerate the mortgage debt This s that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mort gage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortgaged property. 5THE MORTGAGE W FORECLOSED- UPON_-The mortgaged property-will-be sold by-the-Sheriff to pay off 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. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. within the THIRTY (30) DAY period and foreco urepro eedngs havefbegun, you still have the right to %j arm-Kit-1--a cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (e) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Olympus Servicing, LP P.O. Box 202710, Austin, Texas 78720 Phone: (800) 379-8398 / Fax: (512) 349-8515 Contact: Loan Resolution Department Act 91 Notice McLaughlin/Hyser Page 5 of 5 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 Sheriffs 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 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, YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY: See attached list Sincerely, Olympus Servicing, LP SENT BY CERTIFICATE OF REGULAR MAILING AND BY CERTIFIED MAIL RECEIPT NO. 7001 2510 0007 9775 4651 7001 2510 0007 9775 4654 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg W. 60' Street - - - Harrisburg, PA 17101 (717)234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West Yd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street - Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 V E R I F I C A T I O N 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 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. . Wvtt M J. UDREN ASSOCIATES ( I)- A J SHERIFF'S RETURN - REGULAR R CASE NO: 2002-05850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCLAUGHLIN AARON F ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MART 70P7 was served upon the MCLAUGHLIN AARON F DEFENDANT , at 1745:00 HOURS, on the 16th day of December , 2002 at 525 S SPRTNr, rARTIRTT empi?-vrr CARLISLE, PA 17013 AARON F MCLAUGHLIN by handing to a true and attested copy of COMPLAINT - MORT FORK together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 3 day of ti n 2Uo'3 A. D. r thonotary So Answers: R. Thomas Kline p 12/30/2002 MARK UDREN By. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCLAUGHLIN AARON F ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT FnRT;, HYSER TERRI R DEFENDANT the was served upon at 1513:00 HOURS, on the 26th day of December , 2002 at 420 NAELY ROAD NEWVILLE, PA 17241 TERRI HYSER by handing to a true and attested copy of COMPLAINT - MnRT FnRF together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this 3 ,.L day of u2e 3 A. D. c d'r%thonotar So Answers: R. Thomas Kline 12/30/2002 MARK UDREN By: Deputy S riff MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff :Cumberland County V. Aaron F. McLaughlin _NO. 02-5850 Terri R. Hyser Defendant(s) 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. MARK J. UDREN & ASSOCIATES DATED: February 1, 2003 BY: M rk Udren, Esquire Attorney for Plaintiff :DEC. 16. 2002 10: 51AM Mail MARK J UDREN & ASSOC 856 4825384 N0. 4698-'P. 2110----? V E R I F I CAT I O N The undersigned, an officer of the Co I rporation which is the Plaintiff in the foregoing Complaint or an officer Corporation which is the servicing agent of Plaintiff, and of the 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 thos facts are e true and correct to the beat of the knowledge, information and belief of the undersigned, The undersigned understands that this statement is made subject to the penalties of IS Pa. C. S, Section 4944 relating to unsworn falsification to authorities, ` /L1 Y Date: Name: Title: Company- Aaron F. McLaughlin Terri R. Ryser Loan ##4000970584 M,U #0234595 o - --n r7, r ;, 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 Mortgage Electron' ATTORNEY FOR PLAINTIFF lc 'COURT OF COMMON PLEAS Registration Systems, Inc. 338 South Warminster Road : CIVIL DIVISION Hatboro, PA 19040 Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Aaron F. McLaughlin Terri R. Hyser NO. 02-5850 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER?`?' OF T1a Mn/ S TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer Plaintiff Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest Per Complaint From 12/1/02 to 2/1/03 Late charges per Complaint From 12/1/02 to 2/1/03 Escrow payment per Complaint From 12/1/02 to 2/1/03 TOTAL I hereby certify that Defendant are as shown above, accordance with Rule 237.1, a $116,517.74 1,576.26 82.44 0.00 $138___, 17644 (1) the addresses of the Plaintiff and and (2) that notice has been given in copy of which is attached hereto. jMARIK- UDREN & ASSOCIATES dren, ESUIRE rney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND GATED DATE •? PRO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Mortgage Electronic Registration Systems, Inc. Plaintiff V. Aaron F. McLaughlin Terri R. Hyser Defendant(s) DATED: January 21, 2003 TO: Terri R Hyser 420 Naely Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5850 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 NOT CE, 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 Carlisle, PAv17013 717-249-3166 800 NNOTIFLCAC1990-9108 IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOO LA ACCION REQUIRIDA DE SU PARTE EN MAD ESTE CASO. AL NO TOMAR LA ACCION O LA DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, 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 NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA' 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA LEGAL. ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AsSISTENCIA SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 Mortgage Electronic Registration Systems, Inc. Plaintiff V. Aaron F. McLaughlin Terri R. Hyser Defendant(s) DATED: January 21, 2003 TO: Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5850 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 WYER NCE ' IF YOU AFFORD ONE, GO TO OR OTELEPHONE T E DFOLLLOW NGE I FFCEY TO OCANNOT WHERE YOU CAN GET LEGAL HELP. FIND OUT LAWYER REFERRAL SERVICE Cumberland County Bar Association 2'Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED 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) DIAS DE ESTA NOTIFICACION, 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 NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARR TAL SERVICIO, VAYA EN PERSONA A LA ESCRIpTA ABAJOTPARA AVERIGUAR OFICINA, SE CPUEDE CONEGUIR ASENCUENTRA LEGAL, SESTENCIA SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 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. 49. 70- r =_ MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road Cumberland County Hatboro, PA 19040 :MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 : Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due . $118,176-44 Interest From February 2, 200 252.60 to Date of Sale june. 1? 0Q Per diem 0$25.02 (Costs to be added) $ MARK J. UDREN & ASSOCIATES i r Udren, ESQUIRE ATTORNE OR PLAINTIFF W ry'N N a e o cq eco?ch WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5850 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From AARON F. McLAUGHLIN AND TERRI R. HYSER, 525 S. SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,176.44 L.L. $.50 Interest FROM FEBRUARY 2, 2003 TO DATE OF SALE JUNE 11, 2003 - PER DIEM @$25.02 - $3,252.60 Atty's Comm % Due Prothy $1.00 Atty Paid $139.11 Other Costs Plaintiff Paid Date: FEBRUARY 5, 2003 CURTIS R. LONG Prothonot (Seal) . Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 08034 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 Mortgage Electronic Registration Systems, Inc. 338 South Warminster Road Hatboro, PA 19040 ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) C E R T I F I C A T 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. Seca 4904 relating to unsworn falsification to authorities. K Lidren, LM REN & ASSOCIATES k ESQUIRE TORNEY FOR R PLAINTIFF c? -- ?;_, .?, ?° --? rjr C;` ? ?_.. ... ,.. _z -,. ?;;? DEC. 16. 2002 10:51AM Mail MARK J UDREN & ASSOC 856 4825384'- NO.4698-P. 3/10 MARK J. UDREN i ASSOCIATES BY: Mark J. Udren, Esquire A'TTY I.D. NO. 04302 1040 N. KINGS HIGHWAy, SUITE 50o CHERRY HILL, NJ 08034 55-4 2-6900 Mortgage Electronic Registration Systems, Inc 338 South Warminster Road Hatboro, PA 19040 Plaintiff Aaron F. McLaughlin Terri R. Ryser 525 S. Sprang Garden Street Carlisle, PA 17013 Defendant(s) Ti AFFIDAVIT OF NON-MILITARY SERVICE STATE OF /,q COUNTY OF,L„ SS THE UNDERSIGNED bean duly sworn averments herein are based upon ;nvestiigations made yand hx cords maintained by us either as Plaintiff or as servicing a Plaintiff herein and that the above Defendant(s gent of the Military or Naval Service of the United Stater of Ame ica 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 empl6yment,of'each Defendant are as follows: Defendant: Age; Residence: Employment: Defendant: Age: Residence: Employment: Aaron F. McLaughlin over 18 As captioned above Unknown Terri R. Hyser Over 18 As Captioned above Unknown ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-5650 NOTARIAL SEAL FHatboro CHAEL J. KELLY, Notary Public Boro, Montgomery County ommission Expires April 30.2006 n C d S_ - ? i_ - iTl j -' { . r ' _._.. _ :.?_i `, 1 ? t.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 Mortgage Electronic Registration Systems, Inc. 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) NO. 02-5850 AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 525 S. Spring Garden Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Aaron F. McLaughlin 525 S. Spring Garden St., Carlisle, PA 17013 Terri R. Hyser 420 Naely Road, Newville, PA 17241 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 None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Firstar Bank, NA 205 West 4th St., Cincinnati, OH 45202 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of the property and whose Name Real Estate Tax Dept every other person who has any record interest in interest may be affected by the sale: Address Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the Plaintiff knowledge who has any interest in the property which may be affectedhby the sale: Name Address Tenants/Occupants 525 S. Spring Garden Street Carlisle, PA 17013 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: February 1, 2003 M k J ren, ESQ. torney for Plaintiff ?- -, _ . ? ? i - ` . ` ? ? . ? ? ?t? y- (, y .l .. _{ .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 Mortgage Electronic COURT OF COMMON PLEAS Registration Systems, Inc. 338 South Warminster Road CIVIL DIVISION Hatboro, PA 19040 :Cumberland County .MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin Terri R. Hyser NO. 02-5850 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) NOTICE OF SHF.RTFF_I R SA R O 1?EAI PROPS TO: Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Your house (real estate) at 525 S. Spring Garden Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriffis Sale on June 11, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $118,176.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. YOU M DV NOTICE OF OWNTiR'e RIGHTS ---- -..- B? ART F. TO PRFVFn7m ?+T.7TG SHERIEFIS-SALE -??-` To prevent this Sheriffis Sale, you must take immed"a -nF' ?a 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (e 6) 482-6900, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY gTjL nE rn g TO 4nVE -YOUR FIR - -RT Nn OPE EVEN IF THR Cuuars?c S S rrr i1nF YOU HAVE nmvvn nr e may 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 within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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 TARE 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ?> n, , ? el . 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 Mortgage Electronic Registration Systems, Inc. 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County :MORTGAGE FORECLOSURE 'NO. 02-5850 PRAECIPE TO ISSUE A NEW WRIT OF EXECUTION TO THE SHERIFF: issue a New Writ of Execution in the above matter: Amount due $118,176.44 Interest From 2/2/03 5.354.28 to Date of Sale September 3 2003 Per diem 0$25.02 (Costs to be added) $ MARK J. UDREN & ASSOCIATES L? Mark dren, ESQUIRE ATTORNEY FOR PLAINTIFF f? L G.? r? D i C ? d 1 ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5850 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From AARON F. McLAUGHLIN AND TERRI R. HYSER, 525 S. SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,176.44 L.L. Interest FROM 2/2/03 TO DATE OF SALE 9/3/03 - PER DIEM @ $25.02 - $5,354.28 Arty's Comm % Arty Paid $839.81 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JUNE 5, 2003 (Seal) CURTIS R. LONG Prothonotary Lm Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: MARK J. UDREN & ASSOCIATES 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856482-6900 Supreme Court ID No. 04302 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 Mortgage Electronic Registration Systems, Inc 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County =MORTGAGE FORECLOSURE 'NO. 02-5850 C E R T I F I C A T 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 & ASSOCIATES r _ `--Wark J. U en, ESQUIRE ATTORNEY FOR PLAINTIFF C7 :`? r , ('- ! J _ 1 ?iJ r.\ _ -. 4 _' ?_' 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 Mortgage Electronic Registration Systems, Inc. 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County =MORTGAGE FORECLOSURE NO. 02-5850 AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 525 S. Spring Garden Street Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Terri R. Hyser 420 Naely Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Same As No 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 none 4. Name and address of record: rName Plaintiff herein. Firstar Bank NA "Mers" is a Mortgage Electronic Registration Systems, Inc. the last recorded holder of every mortgage of Address See Caption above. 205 West 4th St., Cincinnati, Oh 45202 PO Box 2026, Flint Mi. 48501 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, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 525 S. Spring Garden Street Carlisle, PA 17013 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. DATED: May 14, 2003 MARK J. UDREN & ASSOCIATES /?/lrl Mark J\ Udren, ESQ. Attorney for Plaintiff MARK J. UDREN & ASSOCIATES '$Y: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems, Inc. 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE NO. 02-5850 Defendant(s) NOTT O SHBRT ' A F OF Rnr PROPRR'?'7? TO: Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Your house (real estate) at 525 S. Spring Garden Street Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 3, 2003, at 10:00 a.m. in the Commissioners Hearing Room 2nd Floor, Courthouse Carlisle, PA, to enforce the court judgment of $118,176.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER' RIGHTS YOU MAY BE ABLE TO PREVENT THIS 9HP.RTPF1s SAL To prevent this Sheriff's Sale, you must take immediate action. 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the highe$t bidder. th you Sheriff SR s le was gross) You may bemab tend out the price b Pd b Your Pro 3 Y inadequate ole t ed Petition e 3 calling pertyWill be so 6-4826900. ld to the due The mPar to the vh Court to set 1 4 the sale. aaTo will putt if t h onlyai f the Your Prope a y the sale if the bid price If the hap, the owner of the p p amount due ropert ifr th he uYer isl'eaedY Youa may tca11herif 48the full amo 5' You gale not paid 2-6900. unt maid to the Sheriff have the right never happened to the Sheriff, You " in the y b ng leYou and proceedings toe to evict you a deed to the until the will remain remal A schedule of buyer At full amount due is distMay ribe ent f he to a share of t that time, the within 30 bution wit days after the Tmo his ne y bid he Tone h as hater (red sons why the y Will be paid out s hed lee will house w llwbe Paid for Your (10) days after Proposed in accor state filed b house. Schedule fistribution is dace with who will be Y the Sheriff 7 Distribution isr f g)edare filed with the unlesaeexie 9 that back, if You may also have Sheri exceptions Yoact immediate) other rights Sheriff within ten Y after the saleand defenses, or YOU SHOULD 9gE THIS PAP AT ways of CANNOT AFFORLy? 00 To 8R TO YOB LAA'sal getting your home YOU GET LEGAL HEL OR TELEPPHONE TUB OFFICE LIS* TED BELOW TDOFNO O HAVE A LAyn$,R OR ONCE Cumberland count RAy SERVICE WHERE YOU C 2 LibertY Bar Association Carlisle, pp 17013 717-248-3166 800-990-9108 'SSOCIATION DE LICENCIDADOS Cumberland iobu t Bar Associatio?DELFIA Carlisle Y Avenue 717-249PA 17013 800- 3166 .9.90 .9108 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 Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road :Cumberland County Hatboro, PA 19040 :MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin Terri R. Hyser NO. 02-5850 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) NOTICF;_ OF SHERIFF ? c T DD* TO: Terri R. Hyser 420 Naely Road Newville, PA 17241 Your house (real estate) at 525 S. Spring Garden Street Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 3, 2003, at 10:00 a.m. in the Commissioners Hearing Room 2nd Floor, Courthouse Carlisle, PA, to enforce the court judgment of $118,176.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. YOU MAY gg T NOT T(`g Og OWNER c DTn O RFIE MT TH1,' e To prevent this Sheriff's Sale, you must take immedi&t a Lion 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney Ia fees. To find out how much you must pay, you may call: (ssa)_4a? onn 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YO-MAY ST;LL BE ABLE TO SAVE YOUR PRQPERTY AND YOII HnyE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOSS 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 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 within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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 TARE 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C) C' rl C. _.. rn Ui f'? . c_?- ? ) y _" .,; 1 ?_{ r? (- Mortgage Electronic Registration Systems, Inc. VS Aaron F. McLaughlin and Terri R. Hyser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5850 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Surcharge Law Library Prothonotary Mileage Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 30.00 13.49 15.00 15.00 30.00 .50 1.00 14.49 15.00 293.30 235.18 25.24 $ 688.20 paid by attorney 6/02/03 Sworn and subscribed to before me This -/ t day of L rte, _ 2003, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff BY Real Es to Deputy \''6 et2 41oa-Q 13 PS7s? ATTORNEY FOR PLAINTIFF MARK J. UDPJM & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. RINGS HIGHWAY, SIIITE 500 CHERRY HILL, NJ 08034 856-482-6900 COURT OF COMMON PLEAS Mortgage Electronic :CIVIL DIVISION Registration Systems, Inc. :Cumberland county outh Warminster Road 338 S Hatboro, PA 19040 - :MORTGAGE FORECLOSURE , Plaintiff v: :NO. 02-5850 Aaron F. McLaughlin Terri R. Ryser 525 S. Spring Garden Street' Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Electronic Registration Systems, Inc., Plaintiff in the above Mortgage Mark J. Udren, ESQ sets forth as of the date action; by its attorney, Writ eal of Execution. was filed the follprin the. Praecipe for the located at: 525 S. Sp g information concerning the r property Garden Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed owner(s): Address Name 525 S. Spring Garden St., Carlisle, PA. 17013 Aaron F. McLaughlin PA 17241 420 Naely Road, Newville, Terri R. Hyser .2. Name and address of Defendant(s) in the judgment:, Address Name Same as #1 above judgment is a record 3. Name and address of every judgment creditor whose judgm lien on the real property to be sold: Address Name None mortgage of 4. Name and address Of the last recorded holder of every record. Address Name See Caption above. Plaintiff herein. Firstar Bank, NA 205 West 4th St:, Cincinnati, OR 45202 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, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale Name Address Tenants/Occupants 525 S. Spring Garden Street Carlisle, PA 17013 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: February 1, 2003 f, k ren, ESQ. o Jrney for Plaintiff NARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road :Cumberland County Hatboro, PA 19040 MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant (s) NOTICB OF SHSRTFF?a carQ OF PRAT DPl1D Dmv TO: Terri R. Hyser 420 Naely Road Newville, PA 17241 Your house (real estate) at 525 S.. Spring Garden Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriffs Sale on June 11, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court 'judgment of $118,176.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOT'rCPs OF Owh`°R a gr x Q YOU MAY BE ABLE TO PgTprE - - To prevent this Sheriffs sale, you must take immediate a t1mr 1. The sale will be cancelled if you pay to the mortgagee the back payment, charges, costs and reasonable attorneys fees. To find out how much yment, late you may call: (856)-48 2-6900 you must pay, 2. You may be able to stop the sale by filing a petition. asking the Court to. strike the to r openrthe judgment, if the judgment was improperly entered. You may also ask o postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE -ABLE TO SAVE OIIR PROPS ?'Y n OII BnVg Q HFR urtumc * ?mx rg TIiB SHERIFF I S SALE DOES ?AAE P??r, 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 within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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 F33M OUT Wffi2E YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue - - Carlisle, PA 17013 717-249-3166 800-990-9106 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue .Carlisle, PA 17013 - 717-249-3166. 800-990-9108 ATTORNEY FOR PLAINTIFF MARK J. UDRSN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic :.COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road :Cumberland County Hatboro, PA 19040 MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin :NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA,17013 Defendant (s) NOT7CS OF ShERT4p1e eaTix pF R_R_aT. PROPSRTY TO: Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Your house (real estate) at 525 S. Spring Garden Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $118,176.44, obtained by Plaintiff above (the mortgagee) against your If the sale is postponed, the property will be relisted for the Next Available Sale. *OTTCB OF OWNER'S RIGHTS : YOIJ NLaY BE ABLE TO PRE9lEtNT THIS SHERIFF' C RAL E - . .To prevent this Sheriff's Sale, you must take ' Agate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: CRS-G 492-sgoo_ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. . 3. You may also be able to. stop the sale through other legal proceedings. _ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU Nav eTTii BB ABLE TO SAVE YOUR PROPERTY AND YOU FLaVB OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 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 wild 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 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 TARE 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 SPHERE YOU CAN GET LEGAL IMI.P. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 - 800-990-9108 - ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue - - - Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PIECE OR PARCEL OF LAND; SITUATE, LYING AND BEING. IN SOUTH MIDDLE TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOW: BEGINNING AT A POINT nQ THE CENTER LINE OF THE. BACK ROAD FROM CARLISE TO BONNY . BROOK AT CORNER OF LAM NOW OR FORMERLY OF DONALD W. LINDSEY AND WIFE; THENCE BY THE SAME, SOUTH 69-1/2 DEGREES. EAST 250 FEET TO A POINT IN LINE OF LANDS NOW OR 'FORMERLY OF WILLIS G..MORRISON AND WIFE; THENCE BY THE SAME, SOUTH 23 DEGREES 50 MINUTES WEST 100 FEET. TO A POINT ON TIM LINE. OF LAND NOW OR FORMERLY OF NETTIE GIBSON; THENCE BY THE SAME, NORTH. 69-1/2. DEGREES WEST 250 FEET TO A POINT IN THE CENTER OF THE AFORESAID ROAD; THENCE BY THE CENTER OF SAID ROAD, NORTH 24 DEGREES EAST ..100 FEET TO THE PLACE. OF BEGINNING. . UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS,.RESTRICT;ONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, RTC., AS THEY APPEAR OF RECORD. BEING XNOW.'AND DESIGNATED AS PARCEL-N0.40-22-0485-017 IN TIM DEED REGISTRY OFFICE OF CUhMBERLAIM COUNTY, MORN COXWONLY `KNOWN AS 525 SOUTH SPRING GARDEN EXT. UNDER AND .SUBJECT TO. EASEMENTS. RIGHTS OF WAY, OIL AND GAS LEASES, RESTRICTIONS, RESERVATIONS, EXCEPTIONS,' AGREEMENTS. AND COAL AND mnr=G RIGHTS AS SET IN PRIOR INSTRUMENTS OF RECORD. TITLE TO SAID PREMISES IS VESTED IN AARON F. MCLAUGHLIN AND TERRI R. HYSER, BY DEED FROM AARON F. MCLAUGHLIN AND TERRI..R. MILLER, DATED 8/27/01, RECORDED 9/4/01, IN DEED BOOK 248, PAGE 1017.: PROPERTY ID NO.: 40-22-0485-017 BEING KNOWN AS 525 SOUTH SPRING GARDEN STREET, CARLISLE, PA 17013' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5850 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From AARON F. McLAUGHLIN AND TERRI R. HYSER, 525 S. SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) thegarnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering an property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,176.44 L.L. $.50 Interest FROM FEBRUARY 2, 2003 TO DATE OF SALE JUNE 11, 2003 - PER DIEM @$25.02 - $3,252.60 Arty's Comm % Atty Paid $139.11 Plaintiff Paid Due Prothy $1.00 Other Costs Date: FEBRUARY 5, 2003 (Seal) CURTIS R. LONG lhonoTat'y Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 08034 Real Estate Sale # 30 On February 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 525 S. Spring Garden St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2003 4z, '11 By:JOCLq-- , Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in. the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 30 Writ No. 2002-5850 Civil Mortgage Electronic Registration Systems. Inc. vs. Aaron F. McLaughlin and Terri R. Hyser f Marie oC YIA Editor SWORN TO AND SUASCRIBED before me this Atty.: Mark J. Udren 9 day of MAY, 2003 ALL THAT CERTAIN piece or par- cel of land, situate, lying and being in South Middle Township, Cumber- land County, Pennsylvania, bound- ed and described as follow: BEGINNING at a point in the cen- ter line of the back road from Carlise ? 11C to Bonn Brook at corner of land ?' + +m now or formerly of Donald W. Lind- ? ca"k'-5 sey and wife; thence by the same, my C€:¢ w?lci?l ? 5, South 69-1/2 degrees East 250 feet to a point in line of lands new or formerly of Willis G. Morrison and wife; thence by the same, South 23 degrees 50 minutes West 100 feet to a point on the line of land now or formerly of Nettie Gibson; thence by the same, North 69-1/2 degrees West 250 feet to a point in the cen- ter of the aforesaid road: thence by the center of said road, North 24 degrees East 100 feet to the place of Beginning. UNDER AND SUBJECT to any and all covenants, conditions, reser- vations, restrictions, limitations, right- of-ways, objections, easements, agreements, etc., as they appear of record. BEING know and designated as Parcel No. 40-22-0485-017 in the Deed Registry Office of Curnberiand County, more commonly known as 525 South Spring Garden Ext. UNDER AND SUBJECT to ease- ments, rights of way, oil and gas leases, restrictions, reservations, ex- ceptions, agreements and coal and mining rights as set in prior instru- ments of record. TITLE TO SAID PREMISES IS VESTED IN Aaron F. McLaughlin and Terri R. Hyser, by Deed from Aaron F. McLaughlin and Terri R. Miller, dated 8/27/01, recorded 9/ 4/01, in Deed Book 248, Page 1017. PROPERTY ID NO.: 40-22-0485- 017. BEING KNOWN AS 525 SOUTH SPRING GARDEN STREET, CAR- LISLE. PA 17013. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION J...y ........ COPY ............... Sworn to a s scribed befor this 14•th day of y 20 D. S A L E #30 tarsal Seal REAL ESTATE SALE No. 30 Terry L. Russell, Notary Public hin Coun 'C Dau Cit i Of H bur Writ No. 2002-5850 p arr y s g, Civil Term My Commission Expires June 6,2006 NOTARY PUBLIC Mortgage Electronic Registration Systems, Inc. Member, Pennsylvania Association Of Notati?*ly commission expires June 6 2006 vs Aaron F. McLaughlin and Terri R. Hyser CUMBERLAND COUNTY SHERIF=FS OFFICE C A • Mark J. Udren UMBERLAND COUNTY COURTHOUSE DESCRIPTION ALL THAT CERTAIN piece or parcel of land, CARLISLE, PA. 17013 situate, lying and being in South Middle Township, Cumberland County, Pennsylvania, bounded and described as follows: Statement of Advertising C,Osts BEGINNING at a point in the center line of the back road from Carlisle to Bonny Brook at comer To THE PATRIOT-NEWS CO., Dr. of land now or formerly of Donald W. Lindsey For publishing the notice or publication attached and wife; thence by the same, South 69 1/2 degrees East 250 feet to a point in line of lands hereto on the above stated dates $ 233.43 now or formerly of Willis G. Morrison and wife; Probating same Notary Fee(s) $ 1.75 thence by the same, South 23 degrees 50 minutes West 100 feet to a point on the line of land now Total $ 235.18 or formerly of Nettie Gibson; thence by the same, North 69 1/2 degrees West 250 feet to a point in the center of the aforesaid road; thence by the Publisher's Receipt for Advertising Cost The Patriot News Co ., publisher of The Patriot-News and The Sunday 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. center of said road, North 24 degrees East 100 feet to the place of BEGINNING. UNDE By R AND SUBJECT to any and all ..................................................................... covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. BEING KNOWN and designated as Parcel No. 40-22-0485-017 in the Deed Registry Office of TITLE TO SAID PREMISES is vested in Aaron Cumberland County. more commonly known as 525 S h l F. McLaughlin and Terri R. Hyser, by deed from Aaron F. McLaughlin and Ter i R M out Spring (V,( en Ext. UNDER AND SUB. ?CT to easements, rights- r . iller, dated 8/27/01, recorded 9/4/01, in Deed Book 248, Page 1017 of-way, oil and , <s leases, restrictions, reservations, exceptions, agreements and coal and minin i ht i . PROPERTY ID NO.: 40-22-0485-017. BEING KNOWN as 525 South S G d g r g s as set n prior instruments of record. n ar en Street, Carlisle, PA 17013. P g 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 Mort a E1 ATTORNEY FOR PLAINTIFF g ge ectronic COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road -Cumberland County Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser :NO. 02-5850 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) 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 date(s) 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 tim limit LN th by Pa Rule C. P. 3129. This Affidavit is made subject to the ena ' s .C.S. Section 4904 relating to unsworn falsification to hor t esDated: July 24, 2003 MAR J. SSOCIATES BY: M ark J. ren, Esquire Attorney for Plaintiff t ? O ? o A _ -007 ?7 ?l l=;: i"M 2'C_ rv ljrn n A c 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 Mortgage Electronic Registration Systems, Inc 338 South Warminster Road Hatboro, PA 19040 ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Aaron F. McLaughlin NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 525 S. Spring Garden Street Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Aaron F. McLaughlin 32 W. Glebe Ave Newville, PA 17241 Terri R. Hyser 475 Oak Flat Rd Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Same As No 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 none 4. Name and address of record: Name Plaintiff herein. Firstar Bank NA "Mers" is a Mortgage Electronic Registration Systems, Inc. the last recorded holder of every mortgage of Address See caption above. 205 West 4th St., Cincinnati, Oh 45202 PO Box 2026, Flint Mi. 48501 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, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 525 S. Spring Garden Street Carlisle, PA 17013 I verify that the statements made : to the best of my personal know: understand that false statements he of 18 Pa.C.S. sec. 4904 relating to vit are true and correct rmation and belief. I subject to the penalties fication to authorities. & ASS09TATES DATED: July 24, 2003 Mark J. Udrek /ESQ. Attorney for Plaintiff n c? O C W -n Tj _.{ vir c: ;-r, m r c? ,. ,?r Z,] 7l ? _ . ;p ? L Y C- N 1"? ? ai __ ?a -< 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 Mortgage Electronic Registration Systems, Inc 338 South Warminster Road Hatboro, PA 19040 Plaintiff V. Aaron F. McLaughlin Terri R. Hyser 525 S. Spring Garden'Street Carlisle, PA 17013 Defendant(s) DATE: June 23, 2003 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5850 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAi PRQFERTv OWNER(S): Aaron F. McLaughlin and Terri R. Hyser PROPERTY: 525 S. Spring Garden Street Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on Sept r 3 a.m., in the Commisioners Hearing Room, 2nd Floor, Courthouse, 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 on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ? r N C o W co ? m V CD a' A to cc n A m e Q 3 a ' W CL K a m z m 7 O d O CD m m? 4 a a mjj - ? 3m 3 "-83Ri a?wv s , ? - v - - ODy m m am a m c v ? avmi m ?. ? °' 3 ?+ f. Z y m m a c j N S m m e ? . o 0-4 0 vai ?f ?O ?p +A i ym 3a? 33 D3 °m m' ? n m m o o y p1 m m co ;L :E I -00 m >> mn v m 'off r Do ' F Am A a = Q ZLO ?c O m m =7000 oaw m D 04 m m =j am f ?? X0 c'o o- H `mom w m N N O N m D m a m O S W N O 0 .... m O? D m ?p Ca T , m9 0 N W70 0 F m cn 3 a =r 3 m 0 ? ?. rr mm 3 m `G Q G 3 C, H' A Z O n p O m O y C d? m m y m V W n vm < CD n o B Dm m A a m m' cA ?. m m , N c a D ga a _ m D ???? m RpgA 3 pcb. $? a n ,3, ? ?? x Om m CJUL'.4"Ir- . ... 2L m .. _ o O= ma??A0 m m 0 8 as m?a 'Ei m ?'3Tm mm m ma p a m m D O i O , m r anq m3 a o pO g aim TAm wmm A Saw Tm oon m O t'^ - m . m T N m ? A A I mm ITA Mortgage Electronic Registration Systems In The Court of Common Pleas of Inc. Cumberland County, Pennsylvania VS Writ No. 2002-5850 Civil Tenn Aaron F. McLaughlin and Terri R. Hyser Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2003 at 9:35 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Aaron R. McLaughlin, by making known unto Aaron McLaughlin, personally, at 32 W. Glebe Ave., Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2003 at 11:10 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terri R. Hyser, by making known unto Terri R. Hyser, personally, at 475 Oak Flat Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. -Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2003 at 6:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Aaron R. McLaughlin and Terri R. Hyser located at 525 South Spring Garden Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Aaron F. McLaughlin, by regular mail to his last known address of 32 W. Glebe Ave., Newville, PA 17241. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Terri R. Hyser, by regular mail to her last known address of 475 Oak Flat Road, Newville, PA 17241 . This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me 5 This day of R. Thomas Kline, S eriff 2003, A.D. BY Prothonotary Real Estat eput H'SIT --Trj ' z. -t ' C.. IU l? _ til COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S Bank N A tr for CSFB ABS TR Series 2001-HE30 is the grantee the same having been sold to said grantee on the 3rd day of Sent A.D., 2003, under and by virtue of a writ Execution issued on the 5th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5850, at the suit of Mortgage Electronic Reg Systems Inc against Aaron f McLaughlin & Terri R H?ser is duly recorded in Sheriff's Deed Book No..' >,59, Page 3327. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '5 M- day of A04r?? , A.D. 2003 of Deeds Rewdw of Deeds, CWberWd t+a+lMs. M My Commission ZOO 90 RN' Ado di as Mortgage Electronic Registration Systems In The Court of Common Pleas of Inc. Cumberland County, Pennsylvania VS Writ No. 2002-5850 Civil Term Aaron F. McLaughlin and Terri R. Hyser Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2003 at 9:35 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Aaron R. McLaughlin, by making known unto Aaron McLaughlin, personally, at 32 W. Glebe Ave., Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2003 at 11:10 o'clock AM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Terri R. Hyser, by making known unto Terri R. Hyser, personally, at 475 Oak Flat Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2003 at 6:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Aaron R. McLaughlin and Terri R. Hyser located at 525 South Spring Garden Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Aaron F. McLaughlin, by regular mail to his last known address of 32 W. Glebe Ave., Newville, PA 17241. This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Terri R. Hyser, by regular mail to her last known address of 475 Oak Flat Road, Newville, PA 17241 . This letter was mailed under the date of July 7, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren for U.S. Bank National Association, as Trustee of CSFB ABS Trust Series 2001-HE30. It being the highest bid and best price received for the same, U.S. Bank national Association, as Trustee of CSFB ABS Trust Series 2001-HE30 of 3815 South West Temple, Salt Lake City, UT 84115, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $936.27. Sheriffs Costs: Docketing $30.00 Poundage 16.40 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 19.32 Levy 15.00 Surcharge 30.00 Law Journal 297.95 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 836.27 Sworn and subscribed to before me This day of 2003, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff BY II Real Estat eputy 3c . v ? ? sZ ly3/98 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road :Cumberland County Hatboro, PA 19040 - -MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin ENO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street - Carlisle, PA 17013 - Defendant (s) - NOTICE OF SHRZ?T7TF ? g anT R OF RRnT P npRU?rv TO: Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Your house (real estate) at 525 S. Spring Garden Street Carlisle, PA 17013 is scheduled to be sold at the Sheriffs Sale on September 3, 2003, at 10:00 a.m. in the Commissioners Hearing Room 2nd Floor, Courthouse Carlisle, PA, to enforce the court judgment of $118,1.76.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NO'f'TCE OF OWIv F? ? S RTr+uTe YOU MAy BE ART.F! Q RFVF+AT'1+ Tvr HERTFF ? G GAT F To prevent this Sheriff's Sale, you must take iMm& i 1. The sale will be cancelled if you pay to the mortgagee. the back payment, charges, costs and reasonable attorneys fees. To find out how much you must lpa, you may call: (a5) 48 .-6 AQ y, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAV -STILL u 7°LE TO SAVE YOUR PROPERTY A. $StEN IF THS SHSRTFF S Gtr R AVE YQTT nom' nTRRfl TGNTP T xr p nr?z 1. If the Sheriff fIs Sale is not stopped, our propety will highest bidder. You may find out the price bid by Calling 856r 482 900.e sold to the 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 within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 _ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren Es ATTORNEY FOR PLAINTIFF Mark ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic Registration Systems I 'COURT OF COMMON PLEAS : , nc. 338 South Warminster Road CIVIL DIVISION :Cumberland County Hatboro, PA 19040 ' =MORTGAGE FORECLOSURE Plaintiff V. Aaron F. McLaughlin 'NO. 02-5850 Terri R. Hyser 525 S. Spring Garden Street Carlisle, PA 17013 ' Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1. Mortgage Electronic Registration Systems, Inc., 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: 525 S. Spring Garden Street Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Aaron F. McLaughlin 525 S. Spring Garden Street Carlisle, PA 17013 Terri R. Hyser 420 Naely Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address Same As No 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 none 4. Name and address of the last recorded holder of every mortgage of t record: Name Address Plaintiff herein. See Caption above. Firstar Bank NA 205 West 4th St., Cincinnati, Oh 45202 "Mers" is a Mortgage PO Box 2026, Flint Mi. 48501 Electronic Registration Systems, Inc. 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, Bureau of Compliance,, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the. plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 525 S. Spring Garden Street Carlisle, PA 17013 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 unworn falsification to authorities. DATED: May 14, 2003 MARK J. UDREN & ASSOCIATES ark J. Udren, ESQ. Attorney for Plaintiff _M_nuK J. UDREN & ASSOCIATES • BY: Mark J. Udren, Es ATTORNEY FOR PLAINTIFF Esquire ATTY I.D. NO. 04302 ' 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 338 South Warminster Road :Cumberland County Hatboro, PA 19040 ' :MORTGAGE FORECLOSURE Plaintiff V. Aaron F McLaughlin ENO. 02-5850 Terri R. Hyser . 525 S. Spring Garden Street Carlisle, PA 17013 ' Defendant(s) ' hLQTIC]3 OF SHSRTi?'T' ? e crr ? OF RnT pR[)p vmv TO: Terri R. Hyser 420 Naely Road Newville, PA 17241 Your house (real estate) at 525 S. Spring Garden Street Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 3, 2003, at 10:00 a.m. in the Commissioners Hearing Room 2nd Floor, Courthouse Carlisle, PA, to enforce the court judgment of $118,1.76.44, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NO'?'TsE OF OTaNRR ? g rxTTQ YOII H' AY BE ART F T R VFrTT q+gT GH,?RTFF ? g QAT F To prevent this Sheriffs Sale, you must take Immediate a *icn• 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: 1856)-4s?-cgnn 2. You may be able to stop the sale by filing a petition asking the court to strike the C to r open ourtthe judgment, if the judgment was improperly entered. You may also ask o postpone the sale for good cause. 3. You may also be able to stop the sale through other legal ;proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) EVEN TV THL au n IFF S AL Tz DOgs T?AQ yr nrs? 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 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 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 . 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5850 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From AARON F. McLAUGHLIN AND TERRI R. HYSER, 525 S. SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,176.44 L.L. Interest FROM 2/2/03 TO DATE OF SALE 9/3/03 - PER DIEM @ $25.02 - $5,354.28 Atty's Comm % Atty Paid $839.81 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JUNE 5, 2003 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: MARK J. UDREN & ASSOCIATES CURTIS R. LONG Prothonotary Deputy 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 Real Estate Sale # 41 On June 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA known and numbered as 525 South Spring Garden Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ?u.E1h Date: June 6, 2003 By: Real state Deputy 0- 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 being duly sworn according to law, deposes and says: Joseph A. Dennison, ews Co., a corporation organized and existing under the laws That he is the Asst. Controller of The PatlincipNa office and place of business a't 812 to 818 Market Street, in and The hint with its State pri Pennsylvania, owner and publisher of The Patriot-News Street, in the the Commonwealth of Pennsylvania, the City of Harrisburg, County of Daup rinted and published and 8f he Market 5?E?18th, 1 949, newspapers of respectively, general circulation, p Patriot-News were established March 4th, aforesaid; that The ely, and allshaand The ve been cont nuously published eve sine and published in That the printed d notice or publication which is securely attached hereto is exactly as printed their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th matter of day(s) August printed 2003. That neither he nor said Company is interested in the abeearid characte aof pub/ ationtl are or advertising, and that all of the allegations of this statement as to the time, a authorized and empowered to verify this true; and That he has personal knowledge of the facts aforesaid and is duly statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and and subsequently duly recorded in adopted severally by the stockholders and board of directors of the said Company in Miscellaneous Book "M", the office for the Recording of Deeds in and for said County of Dauphin Volume 14, Page 317. ?--^? ......... PUBLICATION ....................... Sworn d subscribeNotades ? My t 3th day of u us' 03 A. COPY Notarial Seat SALE #41 Terry L Fiusseli, Notary REAL ESTATE S ALE No. 41 CAy pi f {artisburg, DauphiNOT RY P U B LI C nyr>ission Expires Ju? Pe arch gssocamission expires June 6, 200 Writ CiNo. vil Te m?50 Mortgage Electronic Registration` Systems Inc. hlln and CUMBERLAND COUNTY SHERIFFS OFFICE Terrri R R. H Ry yser Aaron F. . CUMBERLAND COUNTY COURTHOUSE p - Mark J. udren CARLISLE, PA. 17013 bESCRIP'fION ALL THAT CERTAIN piece or parcel of land, Costs situate, lying and being in South Middle Statement of Advertising Township, Cumberland County, Pennsylvania, I bounded and described as follows: To THE PATRIOT-NEWS CC., Dr. BEGINNING at a point in the center line of the the notice or publication attached back road from CazhsletoBonny Brook atcomer For publishing ? 261.45 Fee(s) $ 1 .75 East of land 250 now feet or to a formerly of Donald W. Lindsey hereto on the above stated dates and wife; thence a the point in same, line of South 69 lands _ now degrees or Probating same 263.20 formerly Willis G. Morrison and min ? West Total by the same, South 23 degrees 100 feet to a point on the line of land now or formerly of Nettie Gibson; thence by the same, North 69_ degrees west 250 feet to a point in the publisher's Receipt for Advertising Cost newspapers of general center of the aforesaid road; thence by the center The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, hereb acknowledge receipt of the aforesaid notice and publication coasts and certifies that the same have circulation, y been duly paid. By .................................................................... of said road, North 24 degrees East 100 feet to the place of BEGINNING. UNDER AND SUBJECT to any and all covenants, conditions, reservations li mitations, restrictions TITLE TO SAID premises is vested in Aaron F. , right-of-ways, ob otf record ements, agreements, etc., as they appe McLaughlin and Terri R. Hyser, by deed from ffice of Aaron F. McLaughlin and Terri R. Miller, dated 8/ BEING KNOWN and designated as ? el No. b Cumberland 17 in the Deed Registry 27/01, recorded 914/01, in Deed Book 248, Page Cum , more commonly known as 1017. Cumberland County 525 South VS azden Ext. PROPERTY ID NO.: 40-22-0485-017. UNDER UBJECT to easement, rights- BEING KNOWN as 525 South Spring Garden of-way, oil and gas leases, restrictions, Street, Carlisle, PA 17013. ereservations, xceptions, mining right as set iprior instruments of record. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 41 Writ No. 2002-5850 Civil Mortgage Electronic Registration Systems Inc. VS. Aaron F. McLaughlin and Terri R. Hyser Atty.: Mark J. Udren ALL THAT CERTAIN piece or par- cel of land, situate, lying and being in South Middle Township, Cumber- land County, Pennsylvania, bound- ed and described as follow: BEGINNING at a point in the cen- ter line of the back road from Carlisle to Bonny Brook at corner of land now or formerly of Donald W. Lindsey and wife; thence by the same, South 69-1/2 degrees East 250 feet to a point in line of lands now or formerly of Willis G. Morrison and wife; thence by the same. South 23 degrees 50 minutes West 100 feet to a point on the line of land now or formerly of Nettie Gibson; Coyne, Edi S*ARN TO AND SUBSCR];BED before me this 1 day of AUGUST, 2003 Not i,,,,,,?,...?. ff ?¦ „ER' c ° 1a . r =F ? r" 15, thence by the same North 69-1/2 degrees West 250 feet to a point in the center of the aforesaid road; thence by the center of said road, North 24 degrees East 100 feet to the place of beginning, UNDER AND SUBJECT to any and all covenants, conditions, res- ervations, restrictions, limitations, right-of--way, objections, easements, agreements, etc., as they appear of record. BEING know and designated as Parcel No. 40-22-0485-017 in the Deed Registry Office of Cumberland County. more commonly known as 525 South Spring Garden Ext. UNDER AND SUBJECT to ease- ments, rights of way, oil and gas leases, restrictions, reservations, ex- ceptions, agreements and coal and mining rights as set in prior instru- ments of record. TITLE TO SAID PREMISES IS VESTED IN Aaron F. McLaughlin and Terri R. Hyser, by Deed from Aaron F. McLaughlin and Terri R. Miller, dated 8/27/01, recorded 9/ 4/01, in Deed Book 248, Page 1017. PROPERTY ID NO.: 40-22-0485- 017. BEING KNOWN AS 525 SOUTH SPRING GARDEN STREET, CAR- LISLE, PA 17013.