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Home My WebLink About00-06166 -..." >;l" "~ - " ,"'-' - .cIii1- ~ki,". <' 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 EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant{s) : NO. 00 - (PU..b Co:(~~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ~. ,~~ ~ . ..........,~ ~~ .. 'n..,' ""~"";,,,W;'J:,,"", AV1SO 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 plaza al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas. la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de est a demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO 1MMED1ATAMENTE, S1 NO T1ENE ABOGADO o S1 NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUYA D1RECC10N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 or 800-990-9108 :/- . ~ ~>= -- "" ~'.-- "~.~ .~....... "''''"-'''''"-''',,",~",.',,,,.,., 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 currelllt 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 Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 o,-~_. 1I!l~" . ~ ~ "~~~-"""~ . ~ -~Ia~~w.;'~jW'L" 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: Dauphin Deposit Bank and Trust Company Assignee: EMCMortgage Corporation Recording Date: 5/17/99 Book: 613 Page: 145 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: 4430 Sears Run Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Hampden COUNTY: Cumberland DATE EXECUTED: 9/30/91 DATE RECORDED: 10/7/91 BOOK: 1031 PAGE: 27 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 -",- ".'~~~ ..,OO;IF"'" ~. . - ~ UiI :O"".,;~~.l~lW.m.;Ow<.."'._._ said Mortgage itemized below, shall be immediately due. S. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 9/5/00: Principal of debt due and unpaid Interest at 9.75% from 5/1/00 to 9/5/00 (the per diem interest accruing on this debt is $9.13 and that sum should be added each day after 9/5/00) $34,190.12 1,168.64 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $117.78 and that sum should be added on the first of each month after 9/5/00) 39.24 Late Charges (monthly late charge of $15.87 should be added on the fifteenth of each month after 9/5/00) 158.70 Other Fees 784.96 Attorneys Fees (anticipated and actual to 5% of principal) 1.709 "i] TOTAL $38,581.17 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 - ~ """-'ll<lil'''~'.''. . ...., ~ ""' - ~~~-jjI .. '~M~ -~1..IU. d ~ " _~~~,I"lI1!lhi"\:c',j_ 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 "A", 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 $38,581.17 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. \-"YY'- Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 =-~ ~ - "_"'_~__ M..........~ ~r~~ ~~ '~lIiimiIi!!ll;~~"",,,-- THAT CERTAIN LOT OF GROUND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANI.i\,, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON A PUBLIC ROAD LEADING FROM GOOD HOPE MILLS TO ORR' S BRIDGl~, SAID POINT BEING FORTY-FIVE (45) FEET WEST OF A PRIVATE RIGHT-OF WAY ON PLl\N OF LOTS HEREINAFTER MENTIONED; THENCE ALONG SAID PUBLIC ROAD IN A WESTERLY DIRECTION, FORTY-SIX (46) FEET TO A POINT AT LlINDS NOW OR FORMERLY OF JOHN CLINE; THENCE ALOl~G LlINDS NOW OR FORMERLY OF THE SAID JOHN CLINE' IN A NORTHERLY DIRECTION, ONE HUNDRED TWENTY-FIVE AND FIVE-TENTHS (125.5) FEET TO A POINT AT LlINDS NOW OR FORMERLY OF HARRY V. ESSIG AND WIFE; THENCE ALONG LlINDS NOW OR FORMERLY OF THE SAID HARRY B. ESSIG AND WIFE IN AN EASTERLY DIRECTION, SIXTY-ONE (61) FEET TO A POINT AT LlINDS NOW OR FORMERLY OF CHESTER W. TUBNS AND WIFE; THENCE ALONG SAID LlINDS NOW OR FORMERLY OF THE SAID CHESTER W. TURNS AND WIFE IN A SOUTHERLY DIRECTION, ONE HUNDRED TWENTY-FIVE (125) FEET TO A POINT IN THE AFORESAID PUBLIC ROAD, THE PLACE OF BEGINNING. ~LO'rNO~'f)ON XJ?Ll\N'OFLOTS-KNOWN--A:S'-SECTIONi'PLl\N 1 LAID OUT IN HAMPDEN TOWNSHIP BY WILLIAM H. MORGAN, SAID PLl\N BEING RECORDED IN THE RECORDER'S OFFICE ji.T CARLISLE, PENNSYLVANIA, IN PLAN BOOK NO.3, PAGE 40. -~~.." l. ,...."""fl... .,~-, Jll"- """ " ~- lj- lIi'Ji1lI:1j,,~,Lij,,"f' EMC Mortgage Corporation P 931 120 785 March 22, 2000 *0000001696* Richard L. Mans 4430 Sears Run Dr Mechanicsburg, P A 17055 ACT 91 NOTICE. TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. 'Fo-seC"if-HEMAP-can-hell> vou; vou mustMEET-WlTHkeONSUME:RCREDIT COUNSELING AGENCY WITInN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the counselin" l\Itency. The name. address. and phone number of Consumer Credit Counselinl! Al!encies servinl! your county are listed at the end of this Notice. If YOU have anY Questions, you may call the Pennsylvania Housinl!: Finance Al!:encv toll free at I: 800-342-2397 (persons with impaired hearinl!: can call 7l7-780~1869). La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser e1egible para un prestamo por el programa 11amado "Homeowners' Emergency Mortgage Assistance Program" al cualpuede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) : Richard L. Mans PROPERlY ADDRESS: 4430 Sears Run Dr Mechanicsburg, P A 17055 LOAN ACCOUNT 1544477 CURRENT SERVICER EMC Mortgage Corporation /~.~. You may be elil!:1'b1e for financial assistance which can save your home from foreclosure and help you make future mortl!lll!e payments if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been ca~d by circumstances beyond your control, you have a reasonable prospect ,)f 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 temponuy stay of the foreclosure 011 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 designated consumer counseling agencies listed at the end of this Notice. This meetinl!: must occur within the next thirty (30) clavs. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Mac Arthur Ridge n, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 EXHiBIT A - -,;,- "l!IIl;W"',\",~~1\'''"-''~' .'-,. ~ o.k, ,~. Iii 0 ....., ~- 1lI~. =-_. ~'_'~ ~m~.,~.._ , - ~~'-liin~~a..\!IOlWt"",,-,_ Page two 1544477 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirIy (30) days after the date of this meeting; The names. addresses and telephone numbers of designated consumL! counseline: ae:encies for the county in which your nr01lertv is located are set forth at the end of this Notice. It is only necessary to schednle one face-to-face meeting. You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later iD. tlris 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance 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 completed 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 TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WII-L BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligtbility criteria established by the Act. The Pennsylvania Housing finance Agency bas six~y (60) days to make a decision after it receives you application. During that additional 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 AgenCy of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIlE FILING OF A PETITION IN BANKRUPTCY, TIlE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN AITEMPf TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT(Brine: it Un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 4430 Sears Run Dr Mechanicsburg, P A 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) 2 Payments @ $435.2~.. (b) Late charge(s) : . (c) Other charge(s): NSF I/<. Advances (d) Less; Credit Balance (e) Total amount required as of'jl3/21/2000: $870.48 $7935 $20.00 $.00 $969.83 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable) : HOW TO CURE THE DEF AiULT- You may cure this defanlt within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WIDCH IS 5969.83, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WIDCH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660735, DALLAS, TX 75222-5749. ~ """.-- ....."",--._,..-_-Jo..""'>""~,~ ~ __ I ~ !liII" . "v ~ ....~ ~~- l-iRWJ'~~~*'Iihil\ID;Mii1,iii'" Page three 1544477 iF YOU DO NOT cuRE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortRage debt This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within lHIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged properlY. IF mE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the rellSonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs;If YOU cure the default within the THIRTY (30lDA Y period, you will not be required to pay attorneys' fees. OTIIER LENDER REMEDffiS- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHTl:'OcURE"nIIfbEFAULt"PR.tORT<HlHERiFF-;S-SALE:I{you have not cured the default within the lHIRTY (30) day period and foreclosure proceedings have begun, you still bave the right to cure the default and prevent the sale at any time up to one bour lleforethe Sheriff's Sale. You may do so by payirig the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by perfonning 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. EAlUJEST POSSffiLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale coulld be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Address: Telephone Number: HOW TO CONTACT THE LENDER EMC Mortgage Corporation PO BOX 660735, DALLAS, TX 75222-5749 1-800-436-7397 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy'it If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ' ASSUMPTION OF MORTGAGE- You may not sell or transfer your home. to a buyer or transferee who will asswne the mortgage debt, provided that all th!j, outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requireihents of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to payoff the mortgage debt, or borrower money from another lending institution to payoff 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. (However, you are not entitled to this right more than three times in a 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 bankrnptcy law. Sincerely, 'EMC Mortgage Corporation . We are attempting to collect a debt, and any information that we receive may be used for that purpose. :~~."~ ~ UJ,IlM;;i:;'-O'-. ~" , .~ ~ .~ - 11\.'1 ".llaill.lll, ~~ --~'"~.Jl~:i,:!. V E RTF TeA T ION Mark J. Udren, Esquire, hereby states that he is the attorney for the plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 1.B Pa.C.S. Section 4904 relati~g to unsworn falsification to authorities. ~ Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES , l""=iilli:liJlJMi1f~'}3Wi!,~llM!Ublilll~iI!NF~~a'''i.l~;~iilil"'''','''~@,,-i,"ii!/;W~-,m.~'<~~ =" ,~-"",,~-~ ' o~""'i.,;>,,)~ '0_ ~.~ ,^ ", -"::Ii fl Iii II I~ I i'l I e '6cl oCQ. (') (~ ," 7V . , ~ c' ''-'' .c '::,.~ ;J') ~ -of;; ,..- ~ 0 1":'WI /'/l ni/-:'; -" :~-- (8 ..... " ,,' () . ~ I - ,1"- 8 C. (n c OJ j, l/) "- ~ ~~ () '-:-'} ~ ~L, I ~f~ -~., ,',"-'" 0 (....) ~.,':- I" ,-': ~ ff! ~, L.~ -.,..,' -.....] ~ --j . ~..; -<. co -<. .......... ~ q.. ~~~, ~. ~ '" ".~..__ . _ _ > " ,~~",~_''','L ",,~." " 1 ~= -" ~ ~ .. ~ nllMi!uj, SHERIFF'S RETURN - REGULAR CASE NO: 2000-06166 P COMMONWEALTH OF PENNSYLVANIA: COTJNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS MAUS RI CHARD L CPL. MICHAEL 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 MA1JS RICHARD L the DEFENDANT , at 1913:00 HOURS, on the 25th day of September, 2000 at 4430 SEARS RUN DRIVE MECHANICSBURG, PA 17055 by handing to RICHARD L. MAUS a true and attested copy of COMPLAINT - MORT FORE together with Non CE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t surcharge 18.00 8.06 .00 10.00 .00 36.06 So Answers: ~.~ ~>7 ",,/4 ~ ~ :.fr~/.f.:/ ," ... .t5 -r . -:f"..~,;!;.;_.;r'j..",. R. Thomas Kline h..".ez;., me t lS '->- day of 09/27/2000 MARK :y, UDREM ~ ~iff Sworn and Subscribed to before m~ ~rn;-i) A.D. ~afkj;,._~ P othonotary . >,-.-- ""'''''''''-'n ",,,,l'~ _.,.",""",_~,~_,...J_~_ .~" "!&till - <_M._=,- r ""r- ",- d~~K",_ - '\ 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 EMC Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Richard L. Maus Defendant(s) . NO. 00-6166 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. EN & ASSOCIATES DATED: December 13, 2001 BY ( Mark J. Udren, Esquire Attorney Plaintiff ,~.."""n_""--""'-""""""'~~~-'''''''''''~l_'''''~~",,,~.iII~'''"'-'~. ~~" ,j-' ~,~"~ -,"-- ~ ~<'T"~~ ~- L/]'~~ < Jj " -U'~~liIlllUW J-;;lJw~"'~i;--.l.'> . - .... V E R I FIe A T TON The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint __ are taken from records maintainedby~pers9n.f3_13up~ervis~LI::ly~.t.!1e __~___ updersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --Date, La".;)., -.QQ._ - - ffi?u~-- ~. Titl~, Wanda Collier. Company, Asst Vice President ~~iw.i'-~~~"""'iiiJlj~,;;,;;J;_~MW&~-~'.~ '~ L ~" -~ ~ ""~,.;~, ;..~"-,;"., ~-~~""'" i ~ - . 8 0 0 ;;- ""1 "tlm Cl '~J m,rr\ f"'1 Z:rJ n r~~; :~.~ t5~ N :;~p~ -<L r'C r kG --<() :0- --', ~() ~r--''', ::;;: ?-.::.:,-:o >2 """0 '? Z5fn ~ =--' <:." 55 (To -< " "" '-='.,Il'l!/l!lI>l,"Jill:llillll,!'" .lIiIiIII1Ii..iII ~ ., u ," .~"- "" ~"~''''''''''1- ",_j~H" . , 'MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINT:[FF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff - - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) . . NO. 00-6166 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSmR AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff's Complai.nt within 20 days from service thereo:i; and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint ~~~,_. Interest Per Complaint From 9/6/00 to 12/13/01 Late charges per Complaint From 9/6/00 to 12/13/01 Escrow payment per Complaint From 9/6/00 to 12/13/01 $38,581.17 4,236.32 238.05 1.766.70 TOTAL .$44.822.24 I hereby certify that (1) the addresses of the Plaintiff a.nd Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. I i I & ASSOCIATES Mark J. Udr ~ ESQUIRE Attorney for Plaintiff ::41 ;).Ob' f AS '~&;= ~ ~~ ~ /:2. PRO RO Y DAMAGES ARE DATE: ~C' r HEREBY ASSESSED if,~ .' . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 ll'iIi-411?-IiQOO EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) NO. 00-6166 December 21, 2000 Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FINO OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICACION IMPORTANTE DATED: . TO: 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. DE BE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO :BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _o.~.";.;f.M~,,,,,;,,,,,.,,......,,,,,,~.._1"'-_~~....i.,,,,,....~s;~~--".- ~ _. ~~~...,..... -~ ""'MI:!'"" JL~fWJ'i'lf~ ,< tJ lrillil."_"""l:iliiii~_:Elk;\!W\k.N',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 EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF ,COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) NO. 00-6166 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF ~$ COUNTY OF -rarf?1nt- SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either asPlaihtiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval service of the U~ited States of America or its Allies as defined in the Soldiers and Sailors civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Richard L. Maus Over 18 As captioned above Unknown ~~t2~= Company: AlSt. Vice President Sworn to and subscribed before me this tni day of 0Ybta: , 2000. ~C.~ Notary Public !~[~.. FR!;IDA L. HOLDEN \~~~:J MY COMMISSION EXPIRES ,::!!.;~~~}.. MARCH 12, 2003 -'0' 1". ~ ~M='.''''- 'ifili!llroll~~[Iilffi~!<<lta.~~~d~i1"'!;!I'*&lI~j.~ ..~,."q~~~~' ~~ ~"~"""'i1Il1ir'I!fJi;!1:,ii9lJi1jJ1l!1iIIlIlIlIl ,~__ '0 ' ~- " i { < . ~ 79 (:) ~ ). ...0 tl , 0 0 C 0 0 ~ " C <::) - iRf.<.1 M .:-:;J r.. ..,rli n ;-?1;:Q 8 f" ...-.:c; r ~ ~S;:. I\.) ~'~;8 ~ ~.2 O)~ 3 0 ~ ~~ ::.. -:,...~~ ....... ~ 021 ~ - or )>0 -:;;:-,(") ~ C 9? Om r ~ U1 ~ m -< . ~. ~ - "' ~ , , ~liI~="'J_-'~ - <Ii><_... .~~, ~ ~.bw, loiiilii-" - ~ - , -,~ U!IllIii 't'!;ti~''J.lwili 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 PLAINT:[FF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s} . . NO. 00-6166 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $44.822.24 Interest From December 14. 2001 to Date of Sale June 5. 2002 Per diem @$9.13 1. 588.62 (Costs to be added) $ ( I U ark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF I_r ~~- -, ' -, '-0__" ,,- ~~i~t_iiliiilOO>:~__;:~ -ri't!1lirr~'~!m:ii~". - - ,~ ' llW". ~~ " ...." ,-.... '1- 7fl (.) 11 .." ~ -- ~ fAJ -lQ, C ....... <Q ~ ...0 r- h -- ~ ....... f'- B 0 ~ 0 (] 0 () !..) % g ~ 0' C r () 0 0 0 -r; 0 I I 1 I , s:: 0 \; r~ -O.:;g rrt .~ '-' ?-- ~ SP:n n i:~;1"'i --0 (- tii5;; N Jjfg 0 , , , -<L "."... I , , , ~ ~() ~O :l> "", -'r, ~8 :r: (5::21 ~ zS?, , - ;;>c: C?5' 0" , -." , ~ s;! ~ , U1 ~ m . ~ .~" . - o "_~"'__~.,_" __ ~.~ _" "< ~ .~ " ,"__....-~'~ .......-_""~,~...-' ~" .....",~=,_~~b~_" ~......._~ " '-'li~ ~ . . ,~~"-" . ".-,~.' H5~tiik.~W'''~''- 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 PLAINTlCFF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. . . NO. 00-6166 Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: -----A. In Assumpsit (Contract) ____B. In Trespass (Accident) --X-C. In Mortgage Foreclosure ____D. On a Note accompanying a purchase money mortgage and the propelCty being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: .--X...A . ____E. ____C. ____D. ____E. ____F. An individual Tenants by Entireties Joint Tenants with right of survivorship A partnership Tenants in Common A corporation III. The Defendant(s) is (are): ~A. ____B. ____C. Resident in the Commonwealth of Pennsylvania Not resident in the Commonwealth of Pennsylvania If more than one Defendant and either A or B above state which Defendant is resident of the Pennsylvania. Resident: is not applicable, Commonwealth of ESQUIRE # as above "' lli J:f~ ~ :~~d!iilil'~iI!1i'iIiiMM><I~W-,ij~~i!MR~lli!L~~'lllU~~'-jjj - ", lIIliIiIiIIIilfIllllilifli Co (") 0 <;?, C s: 0 -l ;:R.g;; M ~r_ Zx t"") :-,1~ i'JjS;; N --oJi-n :isi:? 2/":' 2(:j 0 ~o :<>- ~:B ~ 5>0 ~ zp, ~ 0" 0'1 'i;' 5:l CT> -< ,"-" _~~_"-~~~..,~~... ~~" ~-~~ .l._..~."~' .,. - ~~-~' ti'~~.<.... - ", "~...... >'[IM~''',- 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 PLAINTJCFF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . : MORTGAGE FORECLOSURE Plaintiff v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 . . NO. 00-6166 Defendant(s) C E R T I FIe ATE 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. II "~-- ':- ...., '''~-~l&.~~,~iIi<t''91lliii'J!i!mlj!j1il:~!6~"i~~l,\'arj~~~~-~-:- .-.- ". ---, ~- 8 0 0 s::: ..,., ~Wr 0 ;:j ,...., :::c C"") rh~ 655;; N -nm . P-, ~':J =<:...:;:: ('51 k'o > -~ :..> ~o ::Jl: ?;;;q )>:0 9? ztJ C 6m ~ (.J1 ~ C1'o -< . "i!o'~'<II ">I ,- .~ , .~ ",,=,-~," ~->.'" ~""- ' ... ._~ " " - . ,. ~,""- -:"'~>-.~-'.....~"",,", ~~~;gg[" , 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 PLAINTl:FF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 . - NO. 00-6166 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 EMC Mortgage Corporation, 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: 4430 Sears Run Drive, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) ; Name Address Richard L. Maus 4430 Sears Run Drive, Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township 230 S. Sporting Hill Rd, Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Dauphin Deposit Bank and Trust Company 213 Market Street, Harrisburg, PA 17101 I. ,~'~J.I3II!Im", .-'h'-~ ~ 1..-- ~~!II~ - ~,~ ~'-1 . , ~ - .~.'. .. ~~-'-~"-"'~~"...i..~""~,,,_ , " .. ame and address of every other person who has any record lien on t:he "",iperty: ~ame Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and~_~address of every knowledge who has any interest the sale: Name other person of whom the plaintiff h~s in the property which may be affected by Address Tenants/Occupants 4430 Sears Run Drive, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: December 13, 2001 EN & ASSOCIATES M k J. Udren, ESQ. torney for PIa' iff ]i1lJ ~ -, '" , ~-~~t"'l:iijj~iilliJiWl~~~~ItWiiliJ"lt..'il.JJ,~,,-~\<<~,jili-tf'['-~ '-'<""'~--_~iIiiSllii'ilii_ '~-~. J"l' ", . I "'1;1," (') 0 c::: 0 "Os: <:::) -q ~CO f"1 ..-, rn ~, Z::rJ n ;~i1 ;?~ c.o~ i'\) ~r.lm < .,. .:1::1(':] ~O ;g,. ';0 ~O :",---r-, :l:: .,::::-,:;""'t1 :i>8 ~ ~o 6m ~ Ul b! O'l ~ -< ~_. ""---..,"'" ~ _ L ~"'"~ ~ ",_"d'~ ~ "~ J _~'_-..k ~' "'-- .,~ I ~ . c-~w:Ili!6i.lIi;!,k*"" ... ~ MARK J. ODREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 - COURT OF COIVlMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 . NO. 00-6166 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Your house (real estate) at 4430 Sears Run Drive, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $44,822.24, 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'S-RIGHTS YOU MAY Bl< ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale, you must take immediate actio~ 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees~ you may call: (856) 482-6900 mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also a,sk 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, t.he more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J,\'~_"''''''""..,,... _......_,,~"~~~- - .-oll""."- ~ .- -':,( " '~~' ..Lilli ':I~""=~ ,"" ~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGlcrs EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full 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 OOT WIIERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013-3387 717-249-3166 or 800-990-9108 nlrO"', '-" l'ill_~_Ill~m~'~!'lii~~U~,fu1llt.j,t:jltililii"i!cil",'1'W-i.m],ji~;dl; .~ ~ -""""'''~"'--''"'''''~-" -~ . <'m. ~ ,.., C) 0 0 c: -oS:: -n 0 .-1 mg;( f"1 <:J .,.." "....., 2-"1 E ;"~ -:".' 2~..l... '" f"'- CI) s.: :30 ~2~ ,-. i ;<0 :t>o '=JQ ~o ~:-- ) '" :x :::---:::-r"J >8 '~o S? c5rn 2: U1 ;g ::;! 0'> ~ 1 ;,-," ;- ~~.~ ~ ~ . _n H' ='-< ,-.- ~" ~-'~ ~~~;I",' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren , ATTY I.D. NO. 04302 104.0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) : NO. 00-6166 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 ~,hich 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, ~mich 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 pere;onal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If serv~ce was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pol Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to au orities. Dated: May 1, 2002 J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire Attorney for Plaintiff ,,;w.;~~=.<U~- ~~_. . " , ,_~. ~H~ . .-- MARK J. UDREN& ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ. 08034 856-482-6900 EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 00-6166 v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Defendant(s) DATE: December 19, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Richard L. Maus PROPERTY: 4430 Sears. Run Drive, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 6. 2002, at 10:00 A.M., in the Commissioners 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. 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Sheriff s Costs: Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Postpone Sale Certified Mail 30.00 20.00 .50 1.00 17.94 15.00 15.00 15.00 25.20 64.00 311.90 270.55 20.00 2.79 $808.88 paid by attorney 08/28/02 Sworn and subscribed to before me So Answers: This 9~ day of ~ r~ ~..~ ~---r..t1 n -./ R. Thomas Kline, Sh.eriff 2002, A.D. ~t2 ~, ~ . (I .-.1J By.Jc<ll"y~ Prothonotary Real Esi2lte Deputy ,.,;b , ~ 379(h f2...-. ;.2 9.1 1'7 ~d"""_"'"'~'"- ..- U~= . ~- _.~~. -~ ~rl ~ ~" ''-w'-',,==_ .lI~Iiil'l>iIif;l~lbl"'" " iII'"C ^ MARK J. UDREN & ASSOCIATES BY:._~ark J. Udren, Esquire ATTY LD. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 - . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 . . NO. 00-6166 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 EMC Mortgage Corporation, 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: 4430 Sears Run Drive, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Richard L. Maus 4430 Sears Run Drive, Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Hampden Township 230 S. Sporting Hill Rd, Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Dauphin Deposit Bank and Trust Company 213 Market Street, Harrisburg, PA 17101 -_",,_~>Willol<'_jj~_Ji'--" "~ '"'"~~ ..~~> ~",.~-", ~"~O. ~'_"_ "~_~ ~Ii.iLJllil" .- '" -~~~~l!Wli,"",,~~"" .. ....-':.~ 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record' interest' in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St, Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and__address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 4430 Sears Run Drive, Mechanicsburg, PA 17055 .I verify that the statements made in this affidavit are true and correct to the best of my personal. knowledge or information and belief. I understand that false statements herein are'made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authoritie:s. DATED: December 13, 2001 Ma k J. Uqren, ESQ. ttorney for Pla'tiff '~'I';hIl~~"-='''"r. 1-'-1lI -'" "~ -~ < -1Iit1f' ~ - . 1lii~~,iIll:-;':ik,,; 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 EMC Mortgage Corporation 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 : COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 . NO. 00-6166 Defendant(s) NOTICE OF SHERIFF'S SALE-O-LREAI. PROPERTY TO: Richard L. Maus 4430 Sears Run Drive Mechanicsburg, PA 17055 Your house (real estate) at 4430 Sears Run Drive, Mechanicsburg,PA 17055 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $44,8.22.24, 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'S RIGHTS YOU MAY BE ABLE TO PREVF.NT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you 'must take ~iate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (8,6) 482-6900 mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by filing a petition asking the Court to stri.ke 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.) ;"",,".~.,;="- , ,~IIiIMiII~-'-~~= "~ _~_ ~-.~ lioiiili!l'J.j ~-~ ditj ~.~ >~ ~~~'."U."~'"";"''''''''l~-''h' YOU MAY STILL-BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIrnITS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be .sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. was grossly You may be able to petition the Court to set aside the sale if the bid price 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. s. 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 pf 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 excepti\'Jns (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 y,our home back, if you act immediately after the sale. YOU SHOULD TAKE THIS I?APER TO YOUR. LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEI?HONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU '::AN GET LEGAL HELl? LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, I?A 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, I?A 17013-3387 717-249-3166 or 800-990-9108 ..-...~".- -"' ~ ..~*"~.._~ . ~" . ~ ,~ ~&._,,< ~"- - ~.~~-_..,,"',,' . / / / ALL THAT CERTAIN LOT OF GROUND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF Hl\MPDEN, COUNTY OF CtlMBERLAND AND STATE OF PENNSYLVAN:CA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON A PUBLIC ROAD LEADING FROM GOOD HOPE MILLS TO, ORR' S BRID.GE, SAID POINT BEING FORTY-FIVE (45) FEET WEST OF A PRIVATE RIGHT-OF WAY ON PLAN OF LOTS HEREINAFTER MENTIONED; THENCE ALONG SAID PUBLIC ROAD IN A WESTERLY DIRECTION, FORTY-SIX (46) FEET TO A POINT AT LANDS NOW OR FORMERLY OF JOHN CLINE; THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID JOHN CLINE IN A NORTHERLY DIRECTION, ONE HUNDRIm TWENTY-FIVE AND FIVE-TENTHS (125.5) FEET TO A POINT AT LANDS NOW OR FORMERLY OF ,HARRY V. ESSIG AND WIFE.. THENCE ALONG LANDS NOW OR FORMERLY OF THE SAID HARRY B. ESSIG AND WIFE IN AN EASTERLY DIRECTION, SIXTY-ONE (61) FEET TO A POINT AT LANDS NOW OR FORMERLY OF CHESTER W. TURNS AND WIFE; THENCE ALONG SAID LANDS NOW OR FORMERLY OF THE SAID CHESTER W. TURNS AND WIFE IN A SOUTHERLY DIRECTION, ONE HUNDRED TWENTY-FIVE (125) FEET TO A POINT IN THE AFORESAID PUBLIC ROAD, THE PLACE OF BEGINNING. BEING LOT NO. 6 ON A PLAN OF LOTS KNOWN AS SECTION 1 PLAN 1 LAID OUT IN Hl\MPDEN TOWNSHIP BY WILLIAM H. MORGAN, SAID PLAN BEING RECORDED IN THE RECORDER'S OFFICE AT CARLISLE, PENNSYLVANIA, IN PLAN BOOK NO.3, PAGE 40. ._C :.......,,'_~"~,,~-'-".:..;.._:........__.._.'--' BEING KNOWN AS 4430 SEARS RUN DRIVE, MECHANICSBURG, PA 17055 PROPERTY TAX PARCEL NO.: 10-18-131-1-012 TITLE TO SAID PREMISES IS VESTED IN RICHARD L. MAUS, SINGLE MAN, BY DEED FROM SHIRLEY L. GAYMAN, NOW KNOWN AS SHIRLEY L. COSMOS, AND PETE COSMOS, WIFE AND HUSBAND, DATED 9/30/91, RECORDED 10/7/91, IN DEED BOOK I 35, PAGE 561. '"-',--""e",~~,.,.~__~ " ~ - ~~.-,r'_.' __~i""~ Ii ... ~, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-6166 CIVIL ~{ TERM CIVIL ACTION - LAW - TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due COUNTY: EMC Mortgage Corporation PLAINTIFF(S) from Richard L. Maus, 4430 Sears Run Drive, Mechanicsburg, PA 17055 DEFENDANT(S) (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($) as follows: and to notny the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying ,any debt 10 or for the accounf of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyoflhe defendant(s) not levied upon an subject to allachment is lound inthe pos,session of anyone other than a named garnishee. you are directed to notify himlherthat he/she has been added as a garnishee and is enjoined as abI)ve stated. Due Prolhy Other Costs $.50 $1.00 Amount Due $44.822.24 from 12/14/01 to Date of sale Interest 6;::;;02 l-'''.L a.:.e." @ 9.13 $1,588.62 Ally's Comm % L.L. Ally Paid Plaintiff Paid $108.06 Date: !)f,(,pffiher 21, 2001 Curtis R. Long Prothonotary, Civil Division -by. A'h- L P 7r;>>;?,"Yt.,f Deputy REQUESTING PARTY: Name Marl<: J. Udren. Esq. Address: 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-482-6900 Supreme Court ID No. 04302 ~-,:iti!l1tki;,\;J!f~'1I"'-"'!"-''''''A'".Hi,!''i.$o' ""',"'''''I!"~"-,""''',,,,>'';'b\'~j"jf;'J,_,J-",~,_,,,,k;,d'''''''lJ~x,;"""""-'-<;;~':;""',i*M-'1!f.i!-"k. ._..,'-',,", ~"'iIl~~lm....,~~~llIllIIl~ - ~ = ~td'6 --;. REAL ESTATE SALE NO.2- On February 5, 2002, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A, known and numbered as 4430 Sears Run Drive, Mechanicsburg, and more fully described on Exhibit "A" filed Date: February 5, 2002 By: Ji)C~ j~ Real Estate Deputy r.;:;;;.;) c:;:n] ~ ~ tnnl with this writ and by this reference incorporated herein. 'fI\H'V,~l)SNN3d .:r";,~';: j '\:':1 \Q\ il~ U II Il ~ln ~~~~~ ~~{ ~~C~A\~~fl - ~~ ~ -.--~,..~"7;___--""'---':: REAL ESTATE SALE No.2 Writ No. 2000-6166 C1vllTerm EMC Mortgage CorporaUon v.' Rlchard L Maus Ally: Mark J. Udren !!ESCRJP1'ION . ALL THAT CERTAIN lot of ground, together with the improyernerilii thereon eq:cted, sitUate in the Township ttf Rampc(cl\" County Qf Cumberland and state of Pt.:nn.~y{vania, bounded and descnOed a:; fonow~, to wit BEGINNING at a pol.1ton a public road leading rrom Good Hope MitIs to Orr's Bridge, said point bejngforty~five(4S) feet west ofa private right- of-way on PIan of Lots hereinafter mentioned; thence at~aid public road in a westerly direction, forty-:.ix '(46) feet to a point at lands nbW or formerly of John Cline; thence along !ands now or formerly or the said JohnOine in a rionherly direction, one hundred twenty-five and th.e-tentbs HZS5} feet to a, point at lands now or fomferly'ofHarryV; E.~sig and Wife; thence <IlIJng hInds now or f~n'nerly of the said Harry B. Essig and wife in an easterly d1rectiOD! sixty-one (61) feet to a point of lands now or formerly of Chester W. Turns and wi.fe; thence along said lands now Qr funnerly of the saiu Chesler W. Turns and wife ill a sautherly ~on. one hundred twenly-pve (125) feet to' 8. point 111 the aforesaid plllJlk road, the pJaceofBEGJNN1NG. BEING Lot No.6 on a PLin of Lots knowll as- , Section 1 Plan 1 laid oot in Hampden Township by William H. Morgan, said plan being recorrled in the Recorder's' Office at Carlisle, Pimnsylv:mill, in Plan Boo~ No. '3, Page40: BEING KNOW"N as 44:30 Sears Run Drive, : Mechanicsbuzg, PA 17055., PROPERTY TAX PARCEL NO,: 10-18.131-1. 012- , TITLE to said premises is vested 'in Ri~hard L. :' MalIS, single roan,. by dee'd from Shirley L. C:OSnloS, and' Pete Cosmos. wife and busband, . dareo9l10l91. "",rderl in 1017191, iri Dred Book ,l~p2gf~~____~~__~_ __ ,.il.,,~~~~., , - -- - ~ -lili.l l_ r~*,", . " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, t 929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws 011 the Commonwealth of Pennsylvania, with its principal office and place of business at 8t2 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, t 854, and September 18th, 1949, respectively, and all have been continuously published ever since: That the printed notice or publication which is secureiy attached hereto is exactly as printed and published in their regular daily andlor Sunday! Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 pu~suantto a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #2 (~...~ worn to and ~1IM!d helme m Tony L. Russell, Notary P'Ub Ie Harrisburg, Dauphin County My Comrolssion Expires June a. NO ARY PUBLIC P n,y""ania ASSOGiation Of Notari,~ .. . Member, an " My commisSion explles June 6, 2002 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 $ 268.80 1.75 270.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of genEiral circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ,J: ?l~ "" REAL ESTATE SALE NO.2 Writ No. 2000-6166 Civil EMC Mortgage corporation vs. Richard L. Maus Atty.: Mark J. Udren ALL THAT CERTAIN lot of ground. together with the improvements thereon erected. situate in the ToWIl- ship of Hampden. County of cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on a pub- lic road leading from Good Hope Mills to Orr's Bridge, said point be- ing forty-five (45) feet West of a pri- vate right-of way on plan of Lots hereinafter mentioned: thence along s-aid public road in a westerly di." rection. forty-six (46) feet to a point at lands noW or formerly of John Cline; thence along lands noW or formerly of the said John Cline in a northerly direction. one hundred twenty-five and five-tenths (125.51 feet to a point at lands nOW or for- merly of Harry V. Essig and wife: thence along lands noW or formerly of the said Harry B. Essig and wife in an easterly direction. stxty-one (61) feet to a point at lands noW or formerly of Chester W. Turns and wife: thence along said lands noW or formerly of the said Chester W. Turns and wife in a southerly di- rection. one hundred twenty-five (125) feet to a point in the aforesaid public road. the place of begirIDiUll. BEING Lot No. 6 on a plan of Lots' known as Section 1 Plan 1 laid out in Hampden Township by William H. Morgan. said Plan being recorded in the Recorder's Office at Carlisle. Pennsylvania. in Plan Book No.3. page 40. BEING known as 4430 Sears Run Drive. Mechanicsburg. PA 17055. PROPERTY TAX pARCEL NO.' 10_18-131-1-012. TITLE TO SAID PREMISES IS VESTED IN Richard L. MallS. single man. by deed from Shirley L. Gay- man. noW known as Shirley L. Cos- moS, ~d Pete Cosmos. wife and husband. dated 9/;30/91. recorded 10/7/91. In Deed Book I 35. page 561. -., ""," ""; - '-- - .' ~- - "" - l>J r'l>!i:t "","""",, ~, 0' ",'" '--'-" ,,' 0 ""-~~.h PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe 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 regnlarly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regnlar editions and issues ofthe said Cumberland Law Journal on the following dates, VIZ: APRIL 26, MAY 3,10,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOTARIAL LOIS E. SNYDER. Notary PublIc ,; GaIlisle BolO. Cumberland COIIIIy ! My Cor"..mls8lon Expires Man:ll5. m