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HomeMy WebLinkAbout03-1348FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA,6TH FLOOR BUFFALO, NY 14203 Vo Plaintiff SPENCER B. ULRICH APRIL L. ULRICH 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 attomey 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 fights 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 9687187 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AF'FER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA 6TH FLOOR BUFFALO, NY 14203 The name(s) and last known address(es) of the Defendant(s) are: SPENCER B. ULRICH APRIL L. ULRICH 334 HOGESTOW'N ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/31/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1511, Page 388. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 03/25/2003 (Per Diem $21.92) Attorney's Fees Cumulative Late Charges 12/31/1998 to 03/25/2003 Cost of Suit and Title Search Subtotal $108,508.65 5,195.04 1,250.00 190.95 $ 550.00 $115,694.64 Escrow Credit 0.00 Deficit 981.34 Subtotal $ 981.34 TOTAL $116,675.98 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,675.98, together with interest from 03/25/2003 at the rate of $21.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. AN AN S. HALLINAN, ESQUIRE Attorneys for Plaintiff THAT C.J~L'TAIN house md 'i°t of ~r°und s~'ua~e ~ ~c To~p of ~v~ Sp~g. Co~ of ~v.; ~ by ~d n~ ir fom~ly ofW~ My~s, Sou~ I7 dc~s 03 ~;~utes West, 200 f~t VERIFICATION DEBRA J. BIFARO states that she is VICE PRESIDENT ofM & T MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2003-01348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS ULRICH SPENCER B ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon ULRICH SPENCER B the DEFENDANT at 334 HOGESTOWN ROAD , at 1540:00 HOURS, on the 31st day of March MECHANICSBURG, PA 17050 by handing to , 2003 SPENCER ULRICH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 90 00 10 00 00 34 90 Sworn and Subscribed to before me this /D ~- day of ~0Zm3 A.D. -/ ;Prothonotary ' ~ / So Answers: R. Thomas Kline 04/01/2003 FEDERMAN & By: PHEL~ /~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS ULRICH SPENCER B ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the ULRICH APRIL L DEFENDANT , at 334 HOGESTOWN ROAD at 1540:00 HOURS, on the 31st day of March , 2003 MECHANICSBURG, PA 17050 SPENCER ULRICH, HUSBAND a true and attested copy of COMPLAINT by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /D ~ day of ~.j~ ~ ..~ ,~0..3 A.D. , Prothonotary So Answers: R. Thomas Kline 04/01/2003 ///~ FEDERMAN & PHIS'SAN Deput~ Sh~r£f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21s) s6~-7ooo MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA, 6TH FLOOR BUFFALO, NY 14203 Plaintiff, SPENCER B. ULRICH APRIL L. ULRICH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1348 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SPENCER B. ULRICH and APRIL L. ULRICH, Defendant(s) for failure to file an Answer to Plaintiffs 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 from 3/26/03 to 5/14/03 TOTAL $116,675.98 $ 1,096.00 $117,771.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215~ 56%7000 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPA/qY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERIJ~ND COUNTY : NO. 03-1348 SPENCER B. ULRICH APRIL L. ULRICH Defendant TO: APRIL L. LTLRICH 334 HOGESTOWN ROAD A/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: APRIL 22, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this.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: UMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56%7000 Attomey for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-1348 SPENCER B. ULRICH APRIL L. ULRICH Defendant TO: SPENCER B. ULRICH 334 HOGESTOWN ROAD A/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: APRIL 22, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR C~SE NO: 2003-01348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS ULRICH SPENCER B ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ULRICH SPENCER B the DEFENDANT , at 1540:00 HOURS, on the 31st day of March , 2003 at 334 HOGESTOWN ROAD MECHANICSBURG, PA 17050 by handing to SPENCER ULRICH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 9O 00 10 00 00 34 90 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 04/01/2003 ' FEDERMAN & PHEI,A~ 'Deputy Sheriff- SHERIFF'S RETURN - REGULAR CASE NO: 2003-01348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS ULRICH SPENCER B ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ULRICH APRIL L the DEFENDANT at 334 HOGESTOWN ROAD , at 1540:00 HOURS, on the 31st day of March MECHANICSBURG, PA 17050 by handing to , 2003 SPENCER ULRICH, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ~_....?~ ...... ~ Affidavit 00 ~-~'" .... " Surcharge 10.00 R. Thomas Kline .00 16.00 04/01/2003 FEDERMAN & Sworn and Subscribed to before me this day of A.D. Prothonotary By: PH~AAN ' //~ FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE ONE FOUNTAIN PLAZA, 6TH FLOOR Ve Plaintiff, SPENCER B. ULRICH APRIL L. ULRICH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1348 VERIFICATION OF NON-MI1 JITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SPENCER B. ULRICH is over 18 years of age and resides at, 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD, MECHANICSBURG, PA 17050. (c) that defendant APRIL L. ULRICH is over 18 years of age, and resides at, 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MANUFACTURERS & TRADERS TRUST : COMPANY, S/B/M TO KEYSTONE FINANCIAL : BANK, N.A., D/B/A KEYSTONE FINANCIAL : MORTGAGE : Plaintiff, : V. .' SPENCER B. ULRICH APRIL L. ULRICH No. 03-1348 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/15/03 to 9/3/03 (per diem -$19.36) TOTAL $117,771.98 $2,168.32 and Costs $119,940.30 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northeast side of the new State Highway running from Mechanicsburg to Hogestown, at the corner of land now or formerly of Walter Myers; thence along the right-of-way line on the Northeast side of said State Highway, North 73 degrees 13 minutes West, 80 feet to a point; thence by other land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife North 17 degrees 03 minutes East, 200 feet to a stake; thence by said other land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife, South 73 degrees 13 minutes East, 80 feet to a stake; thence by land now or formerly of Walter Myers, South 17 degrees 03 minutes West, 200 feet to a point on the Northeast side of the new State Highway, the place of beginning. HAVING THEREON ERECTED a one story brick ranch dwelling known as 334 Hogestown Road, (formerly 402 Hogestown Road), Mechanicsburg, Pennsylvania. 17050 Tax Parcel//38-21-0291-052 TITLE TO SAID PREMISES IS VESTED IN Spencer B. Ulrich and April L. Ulrich, His %'ire Oy Deed from Christian R. Carlson, Jr. and Donna J. Carlson, His Wife dated 12/31/1998 and recorded 1/5/1999, in Record Book 192, Page 387. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1348 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff (s) From SPENCER B. ULRICH AND APRIL L. ULRICH, 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD, MECHANICSBURG, PA 17050 (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 $117,771.98 L.L. $.50 Interest FROM 5/15/03 TO 9/3/03 (PER DIEM - $19.36) - $2,168.32 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $132.90 Other Costs Plaintiff Paid Date: MAY 20, 2003 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PI~mADELPmA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, SPENCER B. ULRICH APRIL L. ULRICH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1348 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, SPENCER B. ULRICH APRIL L. ULRICH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1348 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAl. BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date thc Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD, MECHANICSBURG~ PA 17050 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SPENCER B. ULRICH 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 APRIL L. ULRICH 334 HOGESTOWN ROAD F/K/A 402 HOGESTOYVN ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgrnent creditor whose judgment is a record lien on the real property to be sold: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: NalTle BANK ONE, NA Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 E. BROAD STREET COLUMBUS, OH 43271 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. Nallle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Sallie Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. _M__.ay.__[~2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE Plaintiff, V. SPENCER B. ULRICH APRIL L. ULRICH Defendant(s). TO: SPENCER B. ULRICH 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 03-1348 May 14, 2003 APRIL L. ULRICH 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED .4 DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT/1 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at, 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $117,771.98 obtained by MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK~ N.A.~ D/B/A KEYSTONE FINANCIAl, MORTGAGE. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHEI1 RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff'within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northeast side of the new State Highway running from Mechanicsburg to Hogestown, at the corner of land now or formerly of Walter Myers; thence along the right-of-way line on the Northeast side of said State Highway, North 73 degrees 13 minutes West, 80 feet to a point; thence by other land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife North 17 degrees 03 minutes East, 200 feet to a stake; thence by said other land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife, South 73 degrees 13 minutes East, 80 feet to a stake; thence by land now or formerly of Walter Myers, South 17 degrees 03 minutes West, 200 feet to a point on the Northeast side of the new State Highway, the place of beginning. HAVING THEREON ERECTED a one story brick ranch dwelling known as 334 Hogestown Road, (formerly 402 Hogestown Road), Mechanicsburg, Pennsylvania. 17050 Tax Parcel #38-21-0291-052 TITLE TO SAID PREMISES IS VESTED IN Spencer B. Ulrich and April L. {J'lrich, His k¥ife Dy Deed from Christian R. Carlson, Jr. and Donna J. Carlson, His Wife dated 12/31/1998 and recorded 1/5/1999, in Record Book 192, Page 387. PLAINTIFF AFFIDAVIT OF SERVICE MANUFACTURERS & TRADERS TRUST COMPANY, SfB/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE CUMBERLAND COUNTY No. 03-1348 ACCT. #9687187 I~MD DEFENDANT(S) SPENCER B. ULRICH APRIL L. ULRICH Type of Action - Notice of Sheriff's Sale SERVE APRIL L. ULRICH AT Sale Date: 9/3/03 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 /~',C', , Defendant, on the Se edand de o to [,L, sE.vEo , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. '~ Adult family member with whom Defendant(s)reside(s). Relationship is [&to S~o~-,..~ ~ __ Adult in charge of Defendant(s)'s residence who refused to give name or relationskip. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business an officer of said Defendant(s)'s company. Other: Description: Age.,,,~- Heightd*~Z~' Weight/~O Race L0k Sex '~k~ Other I, C L¢~c*.- L. C~ ~'~-, a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of She-m'- q~. in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. [ Sworn to and subscribed before me this ~,~ne~ay -- L I~~~ On the day of NOT SERVED ,200__, at .--. o'clock __.m., Det~ndant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF AIfFIDAVIT OF SERVICE MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FINANCIAL BANK, N.A., D/B/A KEYSTONE FINANCIAL MORTGAGE CUMBERLAND COUNTY ICMD No. 03-1348 ACCT. #9687187 DEFENDANT(S) SPENCER B. ULRICH APRIL L. ULRICH Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 SERVE SPENCER B. ULRICH AT 334 HOGESTOWN ROAD F/K/A 402 HOGESTOWN ROAD MECHANICSBURG, PA 17050 S RVED g of Pennsylvania, in the manner described below: ~ Defendant personally served. __ Adult famqy member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbnsiness an officer of said Defendant(s)'s company. Other: , Description: Age__~,~- Height ~,'~" Weight f~_) Race ~.~b Sex ~J~ Other I, C¢ffe ~oC ~. L, C~' ~ ~f "~;a competent adult, being duly sworn according to law, depose and state that I personally handed a tme and correct copy of the Notice of Sheriff, sSaleintheman~a~,~i,,,d,~:.~l.~ ..... 7-- led case on the date and at the address indicated above. Sworn to aha suoscribad -- I~/Clll~ll~tffi- ' - of~,r~qf~O.~...By ~ ~,.~~t~]V[0~ ,200_,~ / .~/} c.~/~ffC_~/i..~_~I On the day of NOT SERVED ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown __ No Answer Attempt: / / Time: : Vacant 2na Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST COMPANY, S/B/M TO KEYSTONE FiNANCIAL BANK, N.A., D/B/A KEYSTONE FiNANCIAL MORTGAGE VS. SPENCER B. ULRICH APRIL L. ULRICH CIVIL ACTION CIVIL DIVISION NO. 03-1348 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MANUFACTURERS & TRADERS TRUST COMPANY~ S/BfM TO KEYSTONE FINANCIAL BANK~ N.A.~ D/B/A KEYSTONE FINANCIAL MORTGAGE hereby verify that on May 16~ 2003 and May 23~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders,, and any known interested party see Exhibit "A" attached hereto. DATE: August 11, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Manufacturers & Traders Trust Company s/b/m to Keystone Financial Bank N.A. d/b/a Keystone Financial Mortgage VS Spencer B. Ulrich and April L. Ulrich In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1348 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff' s Costs: Docketing 30.00 Poundage 13.53 Posting Bills 15.00 Advertising 15.00 Mileage 12.42 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 265.40 Patriot News 263.20 Share of Bills 28.90 $ 689.95 paid by attorney 9/4/03 This /0 ~ day of ~-~f~ ~R. Thomas Kline, Sheriff 2003, A.D. Prothonotary Real E~i~ate Deputy Real Estate Sale # 30 On May 23, 2003 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA known and numbered as 334 Hogestown Rd., f/k/a 402 Hogestown Rd., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 23, 2003 By: ,.J6o~q ~ Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Assr. 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/ Metre editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 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 ............ ................. COPY sworn to h~ bef,~r~ rne/~ 13th day Tern/L. R usse4L I~ Public My~E.~res,~une°,~'''' /NOTARY PUBLIC Memb~.,l~laA~3cJ~OfNotal~e~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 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. 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, viz: 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. 30 Writ No. 2003-1348 Civil Manufacturers & Traders '['rust Company, s/b/m to Keystone Fina~lcial Bank. N.A., d/b/a Keystone Financial Mortgage VS. Spencer B. Ulrich and April L. Ulrich Atty.: Frank Federman ALL THAT CERTAIN house and lot of ground situate in the Town- ship of Sliver Spring, County of Cum- berland and 8tare of Pelmsylvania. bounded and described as follows, to wit: BEGINNING at a point on the Northeast side of the new State Highway running from Mechanics- burg to Hogestown. at the corner of land now or formerly of Waiter Myers; thence along the right of-way line on the Northeast side of said State Highway, North 73 degrees 13 minutes West, 80 feet to a point, thence by other land now or for- merly of David T. Pipher and Ger- aldine M. Pipher, his wife North 17 degrees 03 minutes East. 200 feet to a stake: thence by said other land now or formerly of David T. Plpher and Geraldine M. Plpher, his wife. South 73 degrees 13 minutes East, 80 feet to a stake: thence by land now or formerly of Walter Myers, South 17 degrees 03 minutes West, 200 feet to a point on the Northeast side of the new State Highway, the place of beginning. HAVING THEREON ERECTED a one story brick ranch dwelling known as 334 Hogestown Road, (formerly 402 Hogestown Road), Mechaxlics burg, Pennsylvania. 17050. 1 day of AUGUST, 2003 berland and State of Penni bounded and described as to wit: BEGINNING at a point Northeast side of the ne Highway running from Me bm'g to Hogestown, at the i land now or formerly ol Myers: thence along the riglr line on the Northeast side State Highway, North 73 del minutes West, 80 Iket to thence by other land nov; merly of David T. Pipher a aldtae M. Piptaer, his wife ~ degrees 03 minutes East, to a stake; thence by said ot now or formerly of Dav/d q and Geraldine M. Pipher, South 73 degrees 13 minu 80 feet to a stake; thence now or formerly of Walte South 17 degrees 03 nainu~ 200 feet to a point on the } side of the new State High place of beginning. HAVING THEREON ERI one story brick rm~ch dwellb as 334 Hogestown Road, 402 Hogestown Road}, Mc burg. Pennsylvania. 1705 Tax Parcel #38 21-02c~ TITLE TO SAID PREI~ VESTED IN Spencer B. U April L. Ulrich, His Wife from Christian R. Carlson Donna J. Carlson, His V~ 12/31/1998 and recorc 1999, in Record Book 1 387.