Loading...
HomeMy WebLinkAbout00-08786 '" , ., ~ ;.. '~~, ~, . Spear & Hoffman, P.A. BY: RICHARD M. NELSON, ESQUIRE Attorney l.D. No. 72869 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. : 2786762 M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ()C>-P?R. COlL~ JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/KJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 DEFENDANTS COMPLAINT-CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17103 (717) 249-3166 ~ - ~, , 'n '''' , ' ~~,< :l.!iL A VISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 6 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades 0 otros dereches importantes para usted. LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE, SINO TIENEABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17103 (717) 249-3166 ~,' <, I ~ ~'< , .~~''''''''',' . Spear & Hoffman, PA BY: RICHARD M. NELSON, ESQUIRE Attorney J.D. No. 72869 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. : 2786762 M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ()v - ~ 7 r l,. ~ I u...- vs. JANE E. MENDEZ, F/KIA JANE E. STIFFLER, A/KIA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is M&T MORTGAGE CORPORATION, with its principal place of business located at PO BOX 840, BUFFALO, NY 14240-0840. 2. The names and last known addresses of the Defendants are: JANE E. MENDEZ, F/KIA JANE E. STIFFLER, AIKIA JANE A. STIFFLER, 1203 GROSS DR., MECHANICSBURG, PA 17055. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about SEPTEMBER 14, 1995, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to M&T MORTGAGE CORPORATION, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: SEPTEMBER 14,1995 DATE RECORDED: SEPTEMBER 21, 1995 BOOK: 1282 PAGE: 1074 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 1 ,~ "=- ~ . - >L.' . ~ 5. On or about SEPTEMBER 14, 1995, in consideration of their indebtedness to M&T MORTGAGE CORPORATION, JANE E. MENDEZ, F/KJA JANE E. STIFFLER, A/KJA JANE A. STIFFLER made, executed and delivered to M&T MORTGAGE CORPORATION their promissory Note in the original principal amount of $89,980.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being the original Mortgagee. 7. The Mortgage is secured by property located at 1203 GROSS DR., MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "C" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due AUGUST 1,2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance $86,168.30 8.50% interest from JULY I, 2000 to NOVEMBER 30, 2000 at $20.35 per day $3,113.55 Estimated Attorney's Fees $3.600.00 TOTAL AMOUNT DUE $92.881.85 Interest continues to accrue at the per diem rate of$20.35 for every day after NOVEMBER 30,2000 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P .S. ~403 is not applicable. 2 ~1', I "'c .'. .~~~~:.'." II. The subject mortgage is secured by the Federal Housing Administration under Title II of the National Housing Act (12 V.S.C. ~~1707-1715Z-18), and as such, notice pursuant to Act 91,35 P.S. ~1680.403(c) is not applicable. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". 3 , ~, I~ _. """ ~.'"-c WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. SPEAR & HOFFMAN, PA DATE:# ~ RICHARD M. NELSON, ESQUIRE 4 ",a ,,;.;.,' -I "" ',," "' ----," >"':,~~, VERIFICATION The undersigned, RICHARD M. NELSON, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that he is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: I L(Jt(aeJ ~ RICHARD M. NELSON Attorney for Plaintiff Q' _ ....d ~ _. (, L.', I hereb.y certify this ,to;";be a true and correc.t copy of (: original. {Space Above thIs Une for Recording Data} Commonwealth of Pennsylvania FHA Case No. 441-5050280 MORTGAGE THIS MORTGAGE rSecurlty Instrument") Is given on The Martgagorls .IANF A ~TIFFI FR SAptAmhAr 14 .-95-. Whose address Is 1 ?0:.1 C;;Rns~ nRI\(F- MEl:HANIC......qSl1RG PA 17m;!=> rBorrower"), This Security Instrument Is given to M 8. T MORTGAGF r.ORPORATION which Is organized and existing under the laws of the state of New York , end whose address Is nNF M 8. T PI A7A BUFFAI n NY 14?O::l Borrower owes lender the principal sum of Fight\' NinA Thnll!;:l'Inrl NinA HlmdrArI FlQhty and nn/inn Dollars (U,S, t fig gAn nn ). This debt Is evidenced by Borrower's note dated the same date as this Seourlty Instrument ("Note"), which provides for monthly payments, with the full debt, If not paid earlier. due and payable on OntnhAr 1 ?O?fi . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and modlflcatJons: (b) the payment of all other sums, with Interest, advancE!d under paragraph 6 to protect the security of this Seourlty Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Nate, For this purpose, Borrower does hereby mortgage, grant and convey to lender the following described property located In CI JMRFRI ANn County, Pennsylvania: ("Lender"). ~ which has the address of 1.,n~ r..Rog!=; nRIVF Pennsylvania 170fifi MECHANICSBURG (Street,CIty}, 121p Code]. rProperty Address"); TOGETHER WITH all the Improvements new or hereafter erected on th" property, and all easements, rights, appurtenances, rents, royalties, minerai, 011 and gas rights and profits, water rlgh~ and stock and all fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, All of the foregoing Is referred to In this SecurUy Instrument as the .Property,- ' BORROWER COVENANTS that Borrower Is lawfully seited of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances 01 record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of. and Interest on, the debt evidenced by the Note and late charges due under the Note, 2. Monthly Payments of Taxes, Insurance and Otller Charges. Borrower shall Include In each monthly payment, to",ether with the principal and Interest as set forth In the Note and any late charges, an Installment of any (a) taxes and speolal assessments levied orto be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for Insurance required by paragraph 4, Page 1014 FHA PeMsylvanla Mot1gage - 2/91 PAOB,FRM (OBj91) FITECH LN 27867 ~.~ '"'" ~-- ..~J,~~ "',..; *~,,--, Each monthly installment for items (a), (b), ,a~d (c) shall equal one-twelfth of the annual amounts, aueasonably estimated by Lender, plus an amount sufficient to maintain an additional ~nce of not more than one-sixth of the estimated an:~:';,;:;';;ts. The full annual amount for each item shall pe accumulated by lender within ,8 ~ietiod ending one month befQrs an ilem would become"clsllnquent. Lender shall hold the amounts collected In trust to pay items (a), (b), and (c) before they become delinquent. If at anytime the total of the payments held by Lender for items (a), (b), and (c), together with the future monthly payments for such , Items payable to Lender prior to the due dates of such Items, exceeds by more than one-sixth the est/mated amount of payments required to pay such Items when due, and If payments on the Note are current, then Lender shall either refund the excess over One-sixth of the estimated payments or credit the excess over one-slxth of the estimated payments to subsequent payments by Borrower, at-the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) Is Insufficient to pay the Item when due, then Borrower shall pay to lender any amount necessary to make up the deficiency o~ or before the date the lIem becomes due. As used In this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. In any year In which the lender must pay a mortgage Insurance premium to the Secretary, each monthly payment shall also include either: OJ an Installment of the annual mortgage Insurance premium to be paid by lender,to the Secretary, or (Ii) a monthly charge Instead of a mortgage Insurance premium If this Security Instrument Is held by the Secretary, Each monthly Installment of the mortgage Insurance premium shall be In an amount sufficient to accumulate the f~ll annual mortgage Insurance premium with lender one month prior to the date the full annual mortgage Insurance premium Is due to the Secretary, or if this Security Instrument Is held by the Secretary, each monthly charge shall be In an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note. If Borrower tenders to lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all Installments for Items (a), (b), and (c) and any mortgage Insurance premium installment that lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for Items (a),(b),and (c). 3. Application of Payments. AU payments under psragraphs 1 and 2 shall be applied by Lender as follows: FIRST, to the mortgage Insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary Instead of the monthly mortgage Insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard Insurance premiums, as required; ~, to Interest due under the Note; ..EQ!!!IT!:!, to amortization of the prinlclpal of the Notej RFTH, to late charge.s due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shalllnsure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualtles, and contingencies, including fire, for which Lender requires Insurance. This Insurance shall be maintained In t/1e amounts and for the period that lender requires, Borrowsr shall also Insure aU improvements on the Property, whether now In existence 'or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by lender. The Insurance policies and any renewals shall be held by Lender and shall include loss payable clauses In fav:or of, and In a form acceptable to, lender. ~ In the event of loss, Borrower shall give lender Immediate notice by mail. lender may make proof of loss If not made promptly by Borrower, Each Insurance company concerned is hereby authorized and direoted to make payment for such loss direotly to lender, instead of to Borrower and to. lender jointly. Allor any part of the insurance proceeds may be applied by lender, at Its option, either (a) to the reduction of the Indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied In the order In paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to In paragraph 2, or change the amount of such payments, Any excess Insurance proceeds over an amount required to pay all outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the avent of foreclosure of this Security Instrument or other transfer of title to the Propertylhat extinguishes the indebtedness, all right, title and Interest of Borrower in and to Insurance policies In force shall pass to the purchaser. L 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's loan Application; Leaseholds. Barrower ahaII occupy, estabUshl, and use the Property as Barrowef's principal (esldence within sixty days after ttl9 ex~tkll1 of this Security Instrument and shall cOntinue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall notify lenders of any extenuating circumstances, Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. lender may inspect the Property If the Property Is vacant or abandoned or the loan Is In default. .Lender may take reasonable act/on to protect and preserve such vacant or abandoned Property. Borrower shall also be in default If Borrower, during the loan application process, gave materially false or Inaccurate Information or statements to lender (or fa/led to provide lendsr with any material Information) In connection with the loan evidenced by the Note, Including, but not limited to, representations concerning Borrower's occupany of the Property as a principal residence. If this SecurIty Instrument Is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless lender agrees to the merger in writing. 6. Charges to Borrower and Protection of lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, flnes and Impositions that are not Included In paragraph 2. Borrower shall pay these obligations on time directly to the entity which Is owed the payment. If failure to pay Would adversely affect lender's Interest In the Property, upon lender's request Borrower shall promptly furnish to lender receipts evidencing these payments. If Borrower falls to make these payments or the payments required by paragraph 2, or falls to perform any other'covenants and agreements contained in this Security Instrument, or there Is a legal proceeding that may significantly affect lender's rights in the Property (such as a proceeding In bankruptcy, for condemnation or to enforce laws or regulations), then lender may do and pay whatever Is necessary to protect the value of the Property and lender's rights In the Property, Including payment of taxes, hazard insurance and other items mentioned In paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of lender, shall be Immediately due and payable. PA061.FRM (06/91) ATECH Page:2 014 FHA. Penn5ylvanla Mortgage - 2}91 LN 2786762 ~~~ - ...,L ... -,.. . 0< ~ ....;~ " ,l<d?tl&k6_ ~ ..don. The proceeds of any award or claim for damages, direct or consequenUal~ if! connection with any condemnaUcn ______.' ' .- ..It any part of the Property, or f, ..Inveyance In place of condemnation, are hereby a~:' :3d and shall be pald to Lender to the ,~le full amount of the Indebtedness that remalns unpaid under the Note and this Security InStrument. Lender s~aU apply such proceeds .. reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied In the order provided In paragraph 3, and then to prepayment of principal, Any application of the proceeds to the principal shall not extend or postpone the due data of the monthly payments, which are referred to In paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay ~I outstanding Indebtedness under the Note and this Security Instrument shall be paid to the entity legally entltiled thereto, 8. Fees. Lender may collect fees and charges authorized by the Secretary, 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations Issued by the Secretary In the case 01 payment defaults, require Immediate payment In full of all sums secured by this Security Instrument if: Q) Bprrower defaults by falling to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (II) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. lender shall, If permitted by applicable law and with the prior approval of the Secretary, require Immediate payment In full of all the sums secured by this Security Instrument If: Q} All or-part of the Property, or a beneficial Interest In a trust owning all or part of the Property,ls sold or otherwise transferred (other than by devise or descent) by the Borrower, and QI) The Property Is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does 80 occupy the Property but his or her credit has not been approved In accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require Immediate payment in full, but Lender does not require suc:h payments, Lender does not waiver its rights with respect to subsequent events, (d) Regulations of HUD Secretary. In many circumstances regulations Issued by ~he Secretary wUlllmit lender's rights In the case of payment defaults to require Immediate payment In full and foreclose If not paid. This Seourlty Instrument does not authorize acceleration or foreclosure if not permlUed by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for Insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option and notwith- standing aflylhlng In paragraph 9, require immediate payment In full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, decllnlng to Insure thIs Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such Ineligibility, Notwithstanding the foregoing, this option may not be exerolsed by Lender when the unavailability of Insurance Is solely due to Lender's failure to remit a mortgage Insurance premium to the Secretary, 10. Reinstatement. Borrower has a right to be reinstated If Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument This right applies even after foreclosure proceedings are instituted. To reInstate the Security Instrument, Borrower shall tender In a lump sum all amounts required to bdng BoI'rowet'e. accountcu((ent Including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding, Upon reinstatement by Borrower, this Security Instrument and the Obligations that it secures shall remain In effect as If Lender had not required Immediate payment In full. However, lender is not required to permit reinstatement If: Q) Lender has accepted reinstatement alter the commencement of foreclosure proceedings within two years Immediately preceding the commencement of a current foreclosure proceeding, Pi) reinstatement will preclude foreclosure on different grounds in the future, or QII) reinstatement wlll adversely affect the priority of the Hen created by this Security Instrument. 11. Borrower Not Releasedj Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor In Interest. Lender shall not be required to commence proceedings against any successor in Interest or refuse to extend Ume for payment or otherwls8 modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In Interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security InstJ:ument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the proviSions of paregraptl 9,b, Borrower's cove(lants and agreements shall be Joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) Is C0-819n1ng this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the Property under the terms of this Security Instrumenti (b) Is not personally obligated to pay the sums secured by this Security Instrumenti and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear'or make aflY accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. ~ 13. Notices. My notice to Borrower provided for In this Security Instrument shaU be given by delivering it or by mailing It by first class mall unless applicable law requires use of another method. The notice shall be directed to the Prope,rty Address or any other address 8~rrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.1 Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided In this paragraph. 14. Governing Law; Severability. This SecurIty Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property Is located, In the event that any provision or clause of thIs Security Instrument or the Note conlllcts with applicable law, such conflict shan not affect other provisions of this Security Instrument or the'Note which carl be given effect without the conflicting provision. To this end the provisions of thIs Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shail be given one conformed copy of this Security Instrument. 16. Assignment of Rents. PA062.FRM (06;91) FITECH Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Page 3 of4 FHA PennsylvanIa Mortgage - 2191 LN 2786762 -.W - .." - ,,~. ,'"~ "'~".'lol~~".' ~ !?(mower authorizes Lender or Lender's a,gents tp collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. H9wever, prIor to Lender's Notice to Borrower of Borrower's breach of any covenant or agreement In the Security Instrument, Borrower sh~1I collect and reCeive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, This assignment of rents constitutes an absolute assignment and not an assignment for addiUonal security only. If Lender gives notice of breach to Borrower: (a) aU rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receIve aU'ofthe rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assIgnment of the rents and has not and will not perform any act that would prevent Lender from exercising Its rIghts under this paragraph 16. Lender shall not be required to enter upon, take control of or ml;llntaln the Property before or after giving notice of breach to Borrower. However, Lender or ajudlciaUy appointed receiver may do so at any time there Is a breach. Any application of rents shall not cure or waive any default or Invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument Is paid In full, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Foreclosure Procedure. If Lender requires immediate payment In full under Paragraph 9, Lender may foreclose this Security Instrument by judiciel proceeding. Lender shall be entllled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 18. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs, 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects [n proceedings to enforce this SecurIty Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, 20. Reinstatement Period. Borrower's lIme to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pUl1luant to this Security Instrument. 21. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 23. Riders to this Security Instrument. "one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as 11 the rlder(s) were In a part of this Security Instrument. (Check applicable box(es)J D Condominium Rider o Planned Unit Development Rider o Graduated Payment Rider o Growing Equity Rider D Other [Specify] rrower accepts and agrees to the terms contained [n this Security Instrument and In any r1der(s) executed by It. (Seal) -Borrower (Seal) -Borrower (S.al) -Borrower (Seal) -Borrower Certificate of Residence I, do hereby certify that the correct address of the within-named Lender Is ONE M & T PLAZA. BUFFALO. N.Y. 14203 Witness my hand this 14th day of September, 1995 , Agent of Lender COMMONWEALTH OF PENNSYLVANIA Onthl, 14th dayof Septemb~r1995. and State, personally appeared, JANE A STIFFLER County ss: DAUPHIN , before me a Notary Public In and for said county , the indlvldual(s) who executed the foregoing instrument and acknowledged the examlnallon and readJng of 'the same and did sign the foregoing Instrument, and acknowledged that the samels said Indlvidual(s) free act and deed. ~ IN WITNES8 WHEREOF, I have hereunto set my hand and official seal'~KlJ.. My Commlf!slon ExpIres: __ Nolarlal Seal Jane M. King, Notary Public Notary lie (Sealj-larrisburg, Ijlauphin County My Corpmlsslon Expires Ocl. 30, 1995 ~PeMsylvanlaAssociationof~Ef4 of 4 rM. KAAo PA063.FRM (06/91) FlTECH FHA Pennsylvania MDr1gag~ - 2/91 1 N nRfi7fi? . ""'~~ ~--, c:>;.. 7' "l -) J ""::;d-" FHA Case No. , Multistate NOTE 441.5050280 BAptAmhAr 14 1Qqs 1 ?n~ GAORB I1RIVF MFC:HANlr.S.RIIRr, PA 17n!'l!') [Property Address] 1. PARTI~S "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means M l{ T MORTr,A(.;F r.nRPORATION ONF M & T PI A7A RIIFFAI n NY 14?m and Its successors and assigns, 2. BORROW~R'S PROMIS~ TO PAY; INT~R~ST In return for a loan received from Lender, Borrower promises to pay the principal sum of Fighty NinA Thnll~::lnrl NinA HllnOif!rl Fight)! ::mrl nn/10n-~d____~__, Dollars (U.S.$ 89,980.00 ). plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Eloht and One Half per cent I 8.500 %) per year until the full amount of principal has been paid. ~ 3. PROMIS~ TO PAY S~CUR~D Borrower's promise to pay is l>ec:ured by a mortgage, deed 01 trust or similar security instrument that is dated the same date as this ~ote and called the "Security Instrument." That Security Instrument protects the, Lender from losses whioh might result if Borrower defaults under this Note. 4. MANN~R OF PAYM~NT (A) Time Borrower shall make a payment of principal and Interest to Lender on the first day of each mOnth beginning on November ~. MY principal and Interest remaining on the first day of October 1 20~, will be due on that date, which is called the ~Maturjty Date". (B) Place Payment shaH be made at 'M}{ T MORT(:;A(:;F r.ORPORATION PO ROX 444 RIIFFAI 0 NY 14?40 or at such other place as Lender may deSignate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of $ 691.87 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (0) Allonge to this Note for payment adjustments If an allonge providing for payment adjus~ments is executed by Borrower together with this Note, the covenants at the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note, [Check applicable box] o o Graduated Payment Allonge o Other [specifY] Growing Equity Allonge 5. BORROW~R'S RIGHT TO PR~PAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 6. BORROW~R'S FAILUR~ TO PAY (A) Late Charge for Overdue Payments II Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Fnllr per cent {4,OOO %} of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment In full of the principal balance remaining due and all accrued interest. Lender may choose not to 'exercise this option without waiving Its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary wiJIlimlt Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD reguJatlcms. k; used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required Immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney,,' fees for enforcing this Note. Such fees and costs s,hall bear interest from the date of disbursement et the same rate as the principal of this Note. '20.FRM (06191) FITECH Page1of2 FHA Multi:>tate fixed Rute Note. 2/91 LN 27867 ,"",,' ~~ ,- ,"",' - . '~ ~ - ~ -~"'N.!ii.,,_ 7. WAIVERS Borrower and any other person who has obUgatJons under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the: right to require Lender to demand payment of amounts due. "Notice of dishonor" means the rIght to require Lender to give notice to other persons that amounts due have not been paid, 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing It by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address If Borrower Is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do Ihese things, Any person who takes OV~r these obligations, InClUding the obligations of a guarantor, surely or endorser of this Note, is also obligated to keep aU of the promises made in this Note. Lender may enforce its rights under this Note against each person tndi'lidualiy or against all signatodes together, MY one person signin9 this Note may be required to pay all 01 the amounta owed unde{ this Note. (Seal) -Borrower (Seal) -Borrower ~ (Seal) -Borrower (Seal) -Borrower PAY TO m: ORDER OF WITHOUT RECOIJRSf: M & T MORTGAGE CORPORATION ,-,'" 1'\. ,/1)/-'- ., -,A' . "IGNED: ,2Jt- <, ,f..",-/_~ NAME\JlL M.l.af'ENTA TiTLE: VIeE' PRESIDENT Page2of2 71201.fR~" (Ot;/91) FITECH "'-'1. ~.i= ~,~.."".-...Jli.~t~~.;a,l~", o " , ~ ~. r ~'..~ ~c ' Lan6L' Description ~s'chedu~e C Number IA-95-136-C ~ ALL THAT' CERTAIN lot or piece of land, situate " in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos.:13-A and 14-A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along s&id division line~ a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes, 30 secohds West, a. distance of 70 feet to a point at the division line of Lots Nos. 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105.30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING. BEING Lot No. 13-A on Sub-division Plan of Part of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of 'Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, his wife, by Deed dated August 29, 1991 and recorded at Cumberland County, Pa. in Deed Book H Vol. 35 page 210, granted and co'nveyed unto Jane A. Stiffler, single person. PA353834 - oiJ'"J. , ," --,," -, '. ; ~- , H~ ' NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law fIrm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifIes the creditor's law fIrm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verifIcation will be mailed to the debtor by the creditor's law fIrm. ' 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written reque~t tO,the cr~ditor' s 'law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed- to the debtor by the creditor's law frrm. v 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NJ 08034. fP': Q. '.',;-".>:tt,~L.,;.",~,~~j'j~~jj~IJJ' ~"~tilitllal!ilt., lin'<lJ]~~___,jJ"" !M~J.' 11!!i!iiti 1 ~ ~ ~ () C'.} (; tJ h ~ C) '-fl ':-:::1 ,-' ! C? "1J co. ,"1 8 & n'"'lt';'! --, Z:" 2:C:- h,.) ....... f' ~Q~~ G" ~ I ~C) -0 --.:'::- -G ~ fO ~(::) :3':: ~ -, J :"'J C) 1- >e: ~ z " . I =2 :::'J t (T> -< '-..( , '"~."' , I. -.,- ,~,' ~"^" " " " "," tr " -'" ,~, ',"-',. ",c:,k," 11,,>,,__ , ;'V """"'" ",-,",..,,- ,-'" .~'" " ,"-;""''-~''; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR REISSUED WRlT OF EXECUTION M&T MORTGAGE CORPORATION ( ) Confessed Judgment () Other vs. FileNo. 00-8786-CIVIL Amount Due $94.570.90 JANE E. MENDEZ, F/KIA JANE E. STIFFLER, A/KI A JANE A. STIFFLER Interest $4.447.30 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the ~ppropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Re-Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs upon the following described property of the defendant(s) County, 1203 GROSS DR.. MECHANICSBURG. P A 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant( s) in the possession, custody or control of the said gamishee( s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. . /IJ-... /J 4 DATE: SeotemberlO.2001 Slgnature:_~ i-V~-- f/ Print Name: BONNIE DAHL. ESOUIRE Address: 1020 N. Kings HigJiwav. Suite 210 Cherry Hill. N.J. 08034 Attorney for: M&T MORTGAGE CORPORATION .~ ,-,' '1 , .,~ , ,.,-~ "~~ ~~'elil'" ~~":''':'~"''L~!illf~~~MII:i&i~Wil'; " .~ - ':0","" . ,~,~ ~ ~,__~ ~. '"",...I~ ..~ ,~ . ",",'~" _ ,"_ ,~, ~'"' ~ .~ r () "fi' \I, ....:> -- .L. - <><l "- -..) "'" --J:: -<> '\" " ,.~ - , o ,,; u ~::;"~ rnif", 2e" (0_.; -<';C ~c; ~2 ?~ :3 , . C::> ,C'" "I-I :,..., ,-'1 <J {''-) 0' <":.b; ..1 C:J ~ __-ol_ ,-, " ?5i~ >! ::0 -< ';? ,:n 0-. ~ if .. - V\ e ,,;~;ldM!f~- ~ . "'l'~'''''w.. ""':......~' ..iLl I . ~.' ~~.. ,,'c, '~ ~ _"~,~,"";' . ALC'rHA T CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos. l3-A and 14- A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance of70 feet to a point at the division line of Lots Nos. 12-A and l3-A on said Plan; thence North 7 degrees l3 minutes 30 seconds West along said division line, a distance of 105.30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING. BEING Lot No. l3-A on Sub-division Plan ofPart of Section I and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and Sandra, L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland , Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person. PROPERTY ID# 19-23-0569-033 .. , , "~ .. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JNRE: Jane E. Mendez BKY CASE NO. 01-01614/ RJW M&T Mortgage Corporation MOV ANT, CHAPTER NO.: 07 VS, JmlC E, Mendcz RES PONDENT(S)/DEBTOR(S) 11 U.S.c. SECTION 362 Lcon P. Hallcr, Tmstcc RESPONDENT/TRUSTEE ORDER MODIFYING ~362 AUTOMAT IC STAY AND NOW, this :/Jf7cfday of QtIJJ( ,2001, at the MIDDLE District of Pennsylvania, upon failure of thc Debtor to file an answer within the time allowed, appear or otherwise respond to the Motion, of the above-named Movant for Relief from the Automatic Stay, and for good cause shown, it is: ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under 9362 of the Bankruptcy Reform Act of 1978 (The Code) 11, U.S.c. ~362 is modified to allow the abovc-llamed Movant, its successors or assigns to proceed with, or to resume proceedings in mortgage foreclosure, including, but not limited to, Sheriffs or Marshal's Sale of 1203 Gross Drive Mechanicsburg, P A; and to take action, by suit or otherwise as permitted by law, in its own name or the naale of its assignee, to obtain posscssion of said premises. ' FURTHER, this order shall take effect immediately without regard to Bankruptcy Rule 4001(<1)(1). f:/ ;"::)f,:r\ J 1f')r,',,1{1ii!iJ0 UNITED STATES BANKRUPTCY JUDGE cc: Robert W. Cusick, Esquire SPEAR & HOFFMAN, P.A. ' 1020 North Kings Highway, Suite 210 Cherry Hill, NJ 08034 856-755-1560 --'-'-"I-i'mrlSbillg, PA FILED TIML__A.M,.P.M. r rJU~2 1110:1 \ />. ,_."J ',' "', ;'.-'i..~...~"".'z.,;.';;;,...-;;:;",.IC,'1 [;mHl \ \j\(!\"\' .,-l. ',~'" ,['. 'j' I , . . I uq:uh, Um~ \.':,I""...,"'"~~'''''''~~O<''''''' ."", .J.,..-~ , ~, 11tl......',,, ~~4>rJL\~~i,#,-x",,!~.:;,,;:,,".~bw.>'!,.,~.~l\"&lr';'i7~~;:"',";H<~ib',~jh>:4iP:~>'!:d 1"":ci~t.c'L("';'tH,,,,,>h1ii!:\W!!;$l!l~!O< . ~1M,ltA{ml~i~~'~~~l'~ < () >;:-.: ~'"'' v, ' fE,/(t "'- ' 6;(' --::"",;,- ~r"- l~ ~ =~Y' _~,,,~, "" ' ~- ^ ., :, ,',~ - ,'~< ~~,',O,~ :-s; :,)1 --.I - ~'W:1 l::::-J :;/) :-1-'1 -Q '''-,1 cr, (j -";~, . "~~"." N" " . ':--. I. I:..' - '. :--~- """" ,,'. ~. ,.I: ~...,~ 'C '~ "."-,, "'~'i -'r'. /'1, .b SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY !.D. NO. 79294 1020N. KINGS HIGHWAY, SillTE210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&TMORTGAGECO~ORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, F/KJA JANE E. STIFFLER, NK/ A JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CO~ORATION, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR., MECHANICSBURG, P A 17055: 1. Name and address ofOwner(s) or Reputed Owner(s): JANE E. MENDEZ, F/KJA JANE E. STIFFLER, NK/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: JANE E. MENDEZ, F/KJA JANE E. STIFFLER, NK/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&TMORTGAGECO~ORATIDN PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DR., SUITE 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE ",~'" ,,--. 0' ;;'-', "",..I_c +" "'",,;'-, , .~~ . , ""~1 , 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: BOROUGH OF MECHANICSBURG . BARRY L. HECKARD TAX COLLECTOR 605 SOMERSET DRNE MECHANICSBURG, P A 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, P A 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU I COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUP ANT(S) 1203 GROSS DR. MECHANICSBURG, P A 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, PA Ph (yaVV( 'BONNIE DAHL, ESQUIRE Attorney for Plaintiff If i:i.i.J",.w.. '.~-, t --.~~ ~- O'"~'~"""~;"'-'~i.iLi:)~~ilM~~ "~J", "" ~ ~,<" c ..."'"'~-"" ~,,' - ". " , 0 c:. ,-=: c' ---' -. ;' uEX:; -Ci') filr'-' r'1 2:'':- -0 ~tfC ,"'-...) 0', )::>- .- ..,.., z"" ,.-(" .1> "C' c:: '>? 2: ::< ':>1 5:J CO -< ..j.". .. ,~ -1;'-1-'.~ " , , ~ ~ ,~ '. - - ~'<' '.k., -'. (,_; , . ' - <. .- 1:',\: " 'j ;"~ ',~- ";'_'i".-;'_"~'~' ,~ ~,)~"',= .c.'. ' , SPEAR & HOFFMAN, P.A. , BY: BONNIE DAHL, ESQUIRE ATTORNEY J.D. NO. 79294 1020N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO.00-8786-CIVIL JANE E. MENDEZ, F/KIA JANE E. STIFFLER, NKJAJANEA. STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E. MENDEZ, F/KIA JANE E. STIFFLER, NKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 Your house (real estate) at: 1203 GROSS DR. MECHANICSBURG, P A 17055 is scheduled to be sold at Sheriffs Sale onMARCH 6, 2002 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE,PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $94,570.90 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. ""oo';"u",' ',-,,' ~",j,~';':1 ,.--",,',," ""; ~,' .. . -' ~ , ~,:~ . , . ., ,C ,;"~,;,'j,,'.','~ ,; -"'~, , You may need au attorney to assert your rights. The sooner you contact one, the more chauce you will have of stopping the sale. (See notice on page two on how to obtain au attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER 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 (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff aud 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 no later than APRIL 6, 2002 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights aud defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TIDS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. j -,~. "'~--'''-''-V@~ '- '" o"~ilifril!fll~~~~mlii~gj.._ C) f~~ \,;:,;" Iii r~:," ifj~":' 0(~~?-" i;: '- iiEs' c: <: 2;} / " c:::.. '" ," , J -rj ~/) ;'"''''1 '0 ,"'-..) C; "-.} .:~? itil 'I(j ") ,[ .---1~) . -" 1 /-, ~:-,;~r5 ()"i "'" 50 '"" ,~'" '. :.n 'D , - ~..' , , ," " ~, ," ~',- -'-' ",I,','~"I ."L, ""~ ~, , "'-, , . Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney LD. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff M&T MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, FIKJA JANE E. STIFFLER, A/KJA JANE A. STIFFLER Defendant CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO P A R.ep. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certifY that Notice of Sale was served on all persons appearing on Plaintiff's Mfidavit pursuant to P A R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. AjJ~ BY: BONNIE L. DAHL, ESQUIRE .~~. ~ - - "....., <l' :3 ... ~ :" ;l' 50 ~ w -< ". o.:z ~c (/)3 g~ 0.0 .- -'U .' g . 0'1 - (0 (0 ... ll-< ~ 2~ [I ~~~ 110- 'U~ is. o"j. :Rn g ~ 'U o !'!. 3 ~ .~ " ." . o ~r::>~ 3/ ~ ! 2. ~ " g' ~ o ~ ~ '" ... [j' ![ .. .. /l' ... 'li ... ~ -c ~ I "- It ~ HH?!H F g;.~hh: !lW~~n~a ~ H~~,..<fii ..."'[.it>U~g 2. ~m."~hs. a ~~f-IK~ ~ [& :'-o'i " ., l!lO 0 !II"lf.lS~s. .' H~;I~g~ ail'",;S.,H !~(n~g c!!!!!ll~~h H'~hf~ ;.-~~~~ ~" CDJjI~ c ~ jjj lll'U.~ ~o 'iiS."@ a- o (/)Il-~ _ i :,:S":"m3 i-.'"ijll ,it~3~g 1!l.=_Olj (Ill!. g'3.g3'!l:iil I!.m: DC ~tiS n' 3 .' ~. it 581{ -s.J! li"~!!. .g> 8 (;;'3 CD 3 m <: is' a.a e g ~ ~"',. ;~ 3]1 a" ~ III III ~ CD ~g.=~-~ ,fi.fh~-" afi.-+ ::J2 i8.~.~5'3 f3 III 9'~ ~-. lll~-am~g. ~8cr!:gg -<'0 ~~ur-2"' I ,1=. .~~ v. g o~-;o l>;; OJt 0 ~ :u !-O>llOJ ~~g, )>os<c ~~ C 0 9 ~o >0 ;00 s:: ;0 s:: ~~ r~ ~~ rcoOJ m s:: OJ "U "U )> ~j f-o <c en;o~m ~ :~ 0 0 I )> fTi-;_;o z x; s:: - Gl - Z . IS::~ m 0 ~ -~( W( m"..-I F -< "UOOJZ OJ "Tl m ~. ~! fg~o ~j!:: )>CCO r o~ )> ~~ m ")"Tl ") en 0- 0 r ~ -; s:: ~m;oo cJs:~ -; ~~ ~ -..J mO Cj( . pO m ~Q)>c Gl "u. I w: : ;0 0 ~fU '- w Cz I:: r; i 0 ~ .P<- I ~ ~ C -; ~ ~. "Tl i .I>m )> 1 ~ -< ~ @! "U ~ Z ~ m 0 m z lR en .1:>0 Z OJ o>m~ en c . "U -< ;0 ~ :42< Gl N )> ~ ()O Z 0 )> CD . .I:> 0> ..t:,-j t}" /.I ,;J " . ,~,. .~ i1i ~ At ~ ,,-::>',~ 'J ...~ / 1~~':> ' "- . , , ~l'ijwu- '--'~,*""",k> s:: f<O -; "'-3 ....... il. !:-i ... , ~Cf) 0-0 1\)(1) Oll) Z'" . ll) :J . 2i 0- :JI <00 "'~ ~3 <Oll) :J:J ~ ';:': Cf) c: ~ (1) N ~ o z . 3 . S. ~ a. i : " fa " . r . it 'U o !'!. o " .' . > 0. 0. . DDDDi[ Zl ()():;-:Dfl" III 0", m l\l SO~~'m m m...._ a a-~~ 0.. S. 3 DO 011 "3 ~a gffi' ; ais::~ ID fII 8 ~:J CD 1Il0o]! !:a~8 -n !!:~a-!!, cu Oiii''E. CD jllll 0:1: [jD~9 ::Tg ~::cc i ~!:!: ~;:t Clj' ~ -. ::T;::r_ CD~~ifi.g --.~ [~~~ :or"' III ~ SD~ m<=~:;:;i' ii'l!. ~; S' ~i !;;:>; c:- ~ g 0' g !*- Q <" w. _c ~ - . . a. o cl' ~2 ~ i Cit 9:aR Ow ~ 5.~~ o. ~ ;:) e II> o a. !!.m 3 ~~?~ /.;;-;t!l{~~' '< m ~~ ~~' "f"~ ~o~1 , \ m", \'f-.;il :T], (I) -0' ,';'~\: I ~J: ~~'\t~,!t.f,..J ~~.~l~." ) """ <0 t:~l, . . "'d :;)Ia',c- .,,,"- ,J ,A,: ','; I':: I, I I: . i;l~:--,- 3.. ~ .....} Ul ""'J !.' J : , l ' ~ (' ",c1c r 6' II:" V' - ~ 3 .,.z ,- < < ... ~ ",3 ~ . .,. ,. ~~ ;-I ~s. ~ " .' ~ g ~ . ~ -< ~ Ul ~ . , "'-I " 0 g iii <;'2: il.< f9tl 00 91- O~ "'~ : " o ~ : ~ " a &' ~ 3C c o ~ '" .. &' 3 ... ii' lit D. ~ ~ ... ~ i ~ 03" :; ~~~ ~~H ~ gma~h: ~ i-em~1l'~ UU i'''~i d'~l<!t> ~h _ _~ a: (II 8;J a~" ~iiS. "~![.il~! !:;I\= iggi ~ e ,II) 0 Ii' ~..~;ln~ a{f~G a::J r,;. ;;:_.3W". !!!.3':::!!i2, ",.. iii~~ 3" S<,g ~l'lieS:!~.. ~i8;l:SI. ;;: ~S.-",~~ ~ -Q~2,~ ~. ~M ~ 0 H]H~ o ",Il- g. ;' : ~lD' ., ii ~ ~. i$ ~ - il'm .-' jt;,c>Pg giP:l'"~J!!. I!.~,~g I!.~ 3gil'3;;:j!: ~ UI ., _.0 lP ""S.8 ~~ il. i?8!!"31l3 ~,< ~J"a, ..~ i!." l' Igd i .n~. ~ g.fi ago 3' .'W'e a o.g:-o~3 mill.., c -. ~ ~~.I ~ t 'g,Oos:S::J '< C ~ ~fj'Jl' l ~ 0' f [. <0 [j' " ~ ! , ~ I ~., R/t'r:, ,I Ii I~;r~~~ ... <::;::i ".,.. \. 1 - ~"...;c:) I~ \~~ ......., ::' \:: .(>"...: ~,'" _ ._~S / ,........~~ , ~liiiilIiIliIa.. ~ ~ p W ,; I>G>~ AI o en en ~~ - a ~ ~ t ~ ~ .~ j'....."'''-'...... ".'&....."-o/jk'"'......~i:t";4!,~"",,a,~: ~~ :-3 ;::I!!-tt Ii- ~ i . h..... OC/) ",'0 om . z"" OJ _~ 2i ~ bE I I- en 0 PI3::l:l ~ ~cC' OJ ~g~:J OJ ':< > ~ !t . ii " !!) " .~ C/) C ~ '" ~ o ~ " o 9t o '" ~ 1: ~ iil DODD, g ()O-:::oo, ~ o;'m~ =o:O~~'& I 0.0-< "U .. ~s. 3 P:JLJ O~ II ~m5"o:D Ul ." _..,11I i .;;<:!i I(l lIl!tII::::J lit OO:D ~a.i~ ~ ==!,g,!::, III o1S'S " o~ tJDJlO .j5- ~~~.[ ~ 5' gS;S,*- lQ S- -0 ~ ~ ~ ""0 =~ ~1iI Q."Il :;; r- _ = 3:.g t!! < e; @!:-~ I":!. III 3' c :-:- SIlo (!.i ~ ~ 4' ~ ~ 2: g ~ <3' - ID~ g e " . ll. o ".1J ~2)>- ::;:.~ a Q,a ~ 8~~g't~ aR~i.~3 ~ g So; J>1i :1 a .r ':,.~ ~~lQ' 111 .....,. 0 ~ . 1 (, 0 I", .., ,<I >rr!f-l-~O'a::- J ' ~ ~~ f~~:' ~':~ 1 . ~ ' ,_, Lg o~ i:,;;i:< ,. Ie:, 30 1, :.. ~!!.. " ",' _,I ': . ~ ,~; ",-;; \' , ~"',""':I~.'l~"'iElc,,,,,!,,,;,,,,:o,:~,,q"'~',^;,A,,~\I!I1Lj,,JiJ'b"-'6"':<,'1 ~ , >'~J,'~,'c",', " ""',^",,. ,,~C~ ~~~ .. ~,'~'" ,_~, ~" ~,,~,_ w" , ~ .". I, ~ ,_ '"""",',,,J- ,'l'~Ij),,,,,';;~'\i~0,,,,,~,,,,j,-i,,~,,;;;Ui:iflij,,,:,,,,.K,,~'S,,,""~l'liil';;li,e"",,"':ffii-lWlln,;;,,-!<!Oil!;G;I!:lli~~li!lIil;..'lIiJ!./~iI':4'!-kZl::o'~jj lill~ '.,"', " ..~ I I ~_ '" J , ..... 0 Cl ~~1 c "T)~ 0 :;.v [11 rr i n Z:T; -I rlll:.J] .2f-~' ., 'r~'l (]j )0. cr. :,:.'1:' -<2" kG (,)u ~o ;I> ::,1'1". :3': i:3? ::;:;0 S> anl c ~ 0 ~ .. -< ,,~ ,,,.! '" , ~n" ."' 0.","'_" 'W~"~"'~_~[~,n. , -,'"'~"""" < ~H'" _. ."" " e' "j; .,}-.li' "".'" ';'J '/ ,_._'--"ic;~.f, < ::_~,~,'. ;""J" '< SPEAR & HOFFMAN, P.A. BY: ROBERT W. CUSICK, ESQillRE ATTORNEY LD. NO. 80193 1020 N. KINGS HIGHWAY, SillTE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEYFORPLAThITITF LOAN# 2786762 M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 00-8786-CIVIL vs. JANE E. MENDEZ, FIKIA JANE E. STIFFLER, AfKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $94,570.90 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.50% from JULY 1, 2000 to FEBRUARY 22, 2001 (236 days @ $20.35 per diem) Attorneys Fees (As stated in Complaint) $86,168.30 TOTAL AMOUNT DUE ~USICK' ESQillRE Attorney for Plaintiff $4,802.60 $3,600.00 $94,570.90 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $94,570.90 '''' ,,'~, ..";,, .'> --,. I'"",. '~,'.. .""~ -c., ~w 0'". -'>"'",,',,~,,0..4 ,\",g~~,.,-:"",~:,.",ci";"'~"':;~1.-:i~..>.uL'"",~",, -.', --: -,~', '~'t~i I I I , SPEAR & HOFFMAN, P.A. BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY J.D. NO. 80193 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786 JANE E. MENDEZ, FIK/A JANE E. STIFFLER, A!K/A JANE A. STIFFLER DEFENDANTS CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice ofIntention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. IMoo ~ \ BY: RO R . USICK, ESQUIRE Attorney for Plaintiff ~ . Spear & Hoffman, P.A. BY: RICHARD M. NELSON, ESQUIRE Attorney LD. No. 72869 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No. : 2786762 M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786~CIVIL JANE E. MENDEZ, FfKI A JANE E. STIFFLER, A/KIA JANE A. STIFFLER DEFENDANT(S) NOTICE To: JANE E. MENDEZ, F/KlA JANE E. STIFFLER NK/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 Date of Notice: ./-/~-Ol ,IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO TAKE ACTION REQUIRE]) OF YOU IN THIS CASE. 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUtWHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 ,.' TillS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF TillS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. ;I""""' 0' ';~at-@E;iMffi~~~"'-"'""'~""'~~.J;!lli!d"i~~""'''~' "<<:&/:',:,;;,,, "';:~'-fI';8bM!)~~~' ,'''';''',",', "". ',.A,~i , n'.~ =" ~~" ~,~ " <->o",'.'Ur""_.".~^,,,,"~"""~"'-" . ,~, ,,_~_ ~...:-..~~.~4'l!II'Jr"";'''''''''''~"~ili~ ~,"-'" ~~ ~ ~ IT ..... '':>J r' 0 ~ -V ~ ~ & F ~~ j0 ~ ~ c- d .' ~rc, (7) -- ,~~r', ;:::~ >- ' )>~; :::~ -< - C) ~ ._l'~ -",.. -~ ,,,.... I f~0 ~~ ::::> <;~ , , ;.::! J>- ::OJ -< .:i " ,~" ,,'.,,~'~..;d";-~""""""'~""'>-""f<,I',' 1'_' , '""', ""'> ,,,;,,,,.;,;' ~,'"i- ';'",-: ;',:,';"',,';;k','-';~' """"';--J~"~(t',,~'; --," '^ ' SPEAR & HOFFMAN, PA BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY J.D. NO. 80193 1020N. KINGS HIGHWAY, SillTE210 CHERRY HILL, NEW JERSEY 08034 (856) 755.1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY JANE E. MENDEZ, F/K1A JANE E. STIFFLER, NKJA JANE A. STIFFLER DEFENDANT(S) NO. 00-8786.CIVIL CERTIFICATION OF ADDRESS I hereby certifY that the correct address of the judgment creditor (plaintiff) is: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 and that the last known addressees) of the judgment debtor (Defendant (s)) is (are): JANE E. MENDEZ, F/KIA JANE E. STIFFLER, NKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 W;:,PA R . CUSICK, ESQUIRE BY: .';-," , .,;",,' . c'"i,/~.,:;" ,,<C"'~"__~". ~_ .._". ~ '_fd1~';"<':"";;""--"~ i~~;"'-}"~''-~i.iiir -,;.c",,;,,, ;<" f>,'""",- ""-;,'"" ," (') Qj~i ~,~~-~ ~' 1" :::;::; 2::-=:. :::'~'f"".' "5 :.'] -<, ,: .",,,,,,,,,,,,",,,,~",,~~.'r,"~'~<~.. _" "''''''''',',O,"",,,,.,,,.,,,,,,,.~,.,,,,,,,-~,,,,!,',m.<'1" ~'",'~'" ".",," ~,~, = .~~ "~,=~". _~''''"., '"'., o :'~) ~. "'''',~ ""(} ;\~) ,~ -.. -"-> :::l (,) ;:;;! :0 ~~ ,-,. '"~ " . ~."',o':' "~ ^ o~_ ~.-.,i, k --: '^ ,. , "',"" " ~,~, ^"".' :;,; ;.;, .';j;,;tP,:-,. -"" "',,'~ ~--- , " SPEAR & HOFFMAN, PA BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY J.D. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEYFORPL~IFF M&T MORTGAGE CORPORATION PL~IFF, vs, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY JANE E. MENDEZ, F/K/ A JANE E. STIFFLER, NKJA JANE A. STIFFLER DEFENDANT(S) NO. 00-8786-CIVIL CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: JANE E. MENDEZ, F/K/A JANE E. STIFFLER, NKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 "..moiloo <&l~ 1 [ 0 I SPEAR & HOFFMAN, PA ~ESQum> BY: "'iJ:'__.. "~:~,':"". .~, ~'~ - 'i_.~" ;....'"c..-\-',,'~~,<' - ,= ~,'~",V,' ~~'-~-",' "= ,~, F" '~,. "'" s~ ~tP -7 ~ (1') -<:;: L~ ~~~ ~,< ;,p.,..':::':: --~~ ~ --, ~-~~ . 1".....::0 - ~:' ::) ~; - ." ;",'.,'-'~-'" ",:."I,'--~'.-." _~"',,.' 0"';",' ":"ziS'":_"';~'.j-'jj",~i0:-.";d-",,,,):, '",'". ,i.o;C"i""".- ,~,' -c."-"i SPEAR & HOFFMAN, P.A. BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY LD. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, FIK/A JANE E. STIFFLER, NKJA JANE A. STIFFLER DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE ROBERT W. CUSICK, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant, JANE E. MENDEZ, FIK/A JANE E. STIFFLER, NKJA JANE A. STIFFLER, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 1203 GROSS DR. MECHANICSBURG, PA 17055. R~reQumE BY: SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF r:Q.Cr110ru', 20QL. Sharon E.WOOdarifT A Notary Public of New Jersey My Commission Expires 3/2912005 ~E,/j)~. February 26, 2001 i'i0J..~i- \-~ H,:- :i,""'l,,L,',, '''';l~~,:''~;''&~.~,\;,;':: ,; ,',~", ;;~"'1~~~;if(;~';;'s..~~~~:; ~'ifr'";;";'" ~ ; he '0 .;, >J,."~ '''0' ,,;~ "':a~' ,,' ",' ~.,'"' .--'j,-'''''n';'' ,'.','r ~" I'N ,~ ~ ~ . ~, ~ , () ~ muft 1,1fT: 2:::; ;::'::t ~J";: ~& ~=~~ --"~, ' :~>~ =< '0. '. ~<> j C:J m,-"-,_ :-'--:-:l V 1--,) ?::; - ::::> ~ -< .! -'. - ;:,'.",1-(,'<",--- '.' "''''~:;'' ,~. "_ _.__'..;," ,.',,'-:d~' ;"",e&'~--<"~'';rd' ~";~~i':.-ei>_s'~",,:<,_,_ __ .',,,-',,_ _ '~;; OFFICE OF TIlE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: JANE E. MENDEZ, FIK/A JANE E. STIFFLER, A1KJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, FIK/A JANE E. STIFFLER, AlK/A JANE A. STIFFLER DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: )l Judgment by Default o Money Judgment o Judgment for Possession o Judgment on Award of Arbitration o Judgment on Verdict o Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY ROBERT W. CUSICK. ESOUIRE at this telephone number: (856) 755-1560 ,~ ';'",c__'r. .' "','" ,:c'. ""I,;, >. ~,: ,,' , .'" " ~.<."'~",- -C.X,:";:.;\~0,,,-j,'"";'-".c<~.,-,<;,Ai.;--;-;'l",..i",.,-;,;'~,~;:;',:., " ,o:.,"',",'';'';_'<::j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION M&T MORTGAGE CORPORATION ( ) Confessed Judgment () Other vs. FileNo. 00-8786-CIVIL Amount Due $94,570.90 JANE E. MENDEZ, F/KJA JANE E. STIFFLER, A/KJA JANE A. STIFFLER Interest Atty's Corom Costs TO TIlE PROTHONOTARY OF THE SAID COURT; The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND debt, interest and costs upon the following described property of the defendant(s) County, for 1203 GROSS DR., MECHANICSBURG. PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named gamishee( s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant( s) in the possession, custody or control of the said garnishee( s). DATE; February 26. 200 I Signature: (Indicate) Index this writ against the garnishee( s) as a Ii defendant( s) described in the attached exhibit. Print Name; ROBERT W. CUSICK. ESOUIRE Address; 1020 N. Kings Highwav. Suite 210 Cherry Hill. N.J. 08034 Attorney for; M&T MORTGAGE CORPORATION . ~~ - ~ trI ~ "0 ~ n ..., ~ ~z 0 .... trI & .N - ~ .~ ~ 1:l:I~ 0 ~ '< "'1 Ro N "0 ~ trItrI 0 ~ n ", ..., ~8 n~'" 0 Ro 5: ~~ ~ :r:~;g trI '" '" ~ 0 ~ >:>:1 ..., ~ ~ ~ ~~o~ ::I: ::1,..., '" nO 0 ~. "" 0 , ~><"'Ro .. t'rl ~~ 00 "" '"'l --.J .2J:r::r::r: ~ n '" trI '" <: 00 -.31-(1-(0 (j'C:: 0 ~~ ..., '" trI 0', '" - n ><0 , u,t""'O"'1 ~ ~ n u,t""':r:"'1 .... ~ '" 0 . ~ - "On '" n "O~ ~ ~z~~ i2.c:: t"'" ~ u,. > ~ .,:;:1 ~ ::l trI ~~ t"'" g;:-<>< tf"tIj '" ?" 0 '" '" =; 0 ~ O. . ~, '" ~ ","0 00"'"0 ~tO ~z ;:1t;; oc:: . c:: ~ l...>,)1--I;J> - - ~ <:> "'..., . ~ trI ~ ~~ N - 0 trI ?> '" ~ "'1 t"'" trI <....; ::<l 0 ~ .--1 "- -0 ~ 4o(q. 0- .J:. i.1) >j If -- r- ..n~~~~ .L . . ~) f-.,"'; V] 0 ~ C "'> ~ ~ ~ I:: ~ ~ \) \) C'Q()~8 ~s :2: -- I I I I ..~ ~ "-oJ & ".-' ..... r- , ~~ -, ". ~b 6"- -.. -< -< , - -:: ~ , , :~t ~ ~ .....' .,,".....~.,~,. ~'0:,,~1:,4~~!~~~!O'l~'!'~'~~"~.~!,", ~,' .~ "~^~",,.J~, , ''1'",_:,~-, '_","fe '-' ,~.- - '''w < ',"" ~'i.ci- .1"---""";,'--;;,,L:J;";''',,;,,;il,,'" _'0"""""_ ~ ',.i;i<~",;:'/".,~,"~'-;"" ^"'-: ,i!, ",,,~~+" ',;",",v..i",~o1-')~@;A;;",,;j;~;"', ~_' ;,,' ''',~~'i-1~, . SPEAR & HOFFMAN, PA BY: ROBERT W. CUSICK, ESQUIRE ATTORNEYLD. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO.00-8786-CIVIL JANE E. MENDEZ, I'/K/A JANE E. STIFFLER, AIKJ A JANE A. STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E. MENDEZ, F/K/A JANE E. STIFFLER, AlKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 Your house (real estate) at: 1203 GROSS DR. MECHANICSBURG, P A 17055 is scheduled to be sold at Sheriff's Sale onJUNE 6, 2001 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $94,570.90 obtained by M&T MORTGAGE CORPORATION against you. 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: 1. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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.) ',0;.'".I~' 'I'-~ '-',',- , . .. ~,'~,i,~,',;",,> -".,~~-" '. 'r:L,;,., .~'---",;, , , " , 'i , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS 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 (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than JULY 6, 2001 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TIDS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,"'.:. .',' "";"~""i~o>"'"{:~~"',v.'l-l"I':;I.iillfJN;;,{..ili,;..~';";:",' !';""-<-~~~r";~"'" ""j'~frjMr "".":,'PF';;'<~~",,,,,,,,,,4h'.''''\,1' t"'" " ,"".,.' < , j"~. .~.,' " ~ r 0 = (-:-:' f;; . ,'I ::r: -0 it ~.:::" n ----;-.1 I" ;",1::) " -- 7": , ,C " ,":.j 0; . l"-"'~ r::: l_~' () :t::P H ~ C~ -~ ~'i ..,'-. c:; C,) ~- c:: ., CJ -"" :=j '5.J -< -< IT i" -,', "'." ^",;;.oi;;"""L&a,~,I~~, ,; :';';,:;.,.,,'. ,,' ,'" .-"","', ~. ~ '" ~'. _'i,:i;;"-;;"'~"""'L ";g"--"'~"'-''';~':k"'';';'^;;';k'"''''''<',"';';'.;,-i,"'',",;, c, SPEAR & HOFFMAN, PA BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY J.D. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, F/KIA JANE E. STIFFLER, NK/A JANE A. STIFFLER DEFENDANTS CERTIFICATION ROBERT W. CUSICK, ESQUIRE, hereby verifies 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: ( X ) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. RO T W. CUSICK, ESQUIRE Attorney for Plaintiff :,'C(, '<"';';''"'''':'''',r ~ '--~:" - -',;;~~ :,_'0 <"~~~1il:~l;:;;S j;,'c'~;~~ISf.~ \i~'~ O>~ ,. "", ,; '';'', ,~ 0.,,,-,.,,'T,"" .- ,"', ":,~"">- I. . ~ ~ ,"'^ '-~ ~", uC" q].~;- ~7~~ ~'~~_~ ~-::? ~:-; s;~l ~2 ~ "~,, C) " "-"'." M',," --,' "',> , c; .-n :~:-~ :~~-::J I',,,, ~,-'" 5: -- -- 00 c? .- .= C~""'~"^"" oro,;"l",}.':",; ",>"," ",:..;,,~ _'o;"C"_ 'J", ,".(,,,,-"",';:"",- f';-,. ,;-"'.;-.,~,,',>; '~;'-d":~;'..i,l-ii~:,,>>~'~,,', . ,t.",;.;:; ,,',1 " -- SPEAR & HOFFMAN, P.A. BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY LD. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, F/KJA JANE E. STIFFLER, AJKJA JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, ROBERT W. CUSICK, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR. MECHANICSBURG, PA 17055: 1. Name and address ofOwner(s) or Reputed Owner(s): JANE E. MENDEZ, F/KJ A JANE E. STIFFLER, AJKJ A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: JANE E. MENDEZ, F/KJA JANE E. STIFFLER, AJKJA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALEDR., SUITE 118 CAMP HILL, P A 17011 5. Name and address of every other person who has any record lien on the property: NONE ,-" "' , ""-', ,', "' .,;;.'.' . ..' , I^,,-' ,'. " n, ,~ ' - . > ~'" ' ,'~' ,;;, ,:,"~. "''''~,~, "&~"""'--""""~;;"oY"":;"':&.:-'~~'k"i;,,;;.' , - 1 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: BOROUGH OF MECHANlCSBURG BARRY L. HECKARD TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYL V ANlA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUP ANT(S) 1203 GROSS DR. MECHANICSBURG, PA 17055 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, PA ~ICFBQUIRE Attorney for Plaintiff ,o.,;'.".;;d'C 'ifi '.a.....;lII~~1.~.i;., 'j'":'ii '\,,:,'~,;"'~, If'~~,'"': ,1: \' ~ ~~ioi.,".'":"-t~ t;o"" ~-""''''''{.>~'~'''~~' ~'~, =.~ '_''-'' """.'-h'" ".';;';-; ',_",~'W' ~, """ '''"" 1.1 r'; ITif"; ~~~I:. ~ -!:'~ -:0-."" ~,-::t-\ > (~~~ ~,c:..., o C ? c. -0> ,",."- ,:'~'-" -j -<c ~ .~, . -", , - I C) " :;'.:? f--.) .>::~> " C) 1)'-' ,:J "","! ::< "' -,~ 'L' " ,,-,,,I,,,,. ..;_ -'= -"~",~,,,',I'<,i"_,l,"';',_,,;~,, """"'/ <;.-" ','d.~V;,;,,,,,,:, . ''"'';;,'."<''i>~i.<' .;'<,,> ,',",0""-.' '-';'i ALL THAT CERTAIN lot or piece ofland, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos. 13-A and 14- A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance ono feet to a point at the division line of Lots Nos. l2-A and l3-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105.30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING. BEING Lot No. 13-A on Sub-division Plan of Part of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland, Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person. PROPERTY ID# 19-23~0569-033 :~!,"~1illiI =~,~.~"_. ~ , ' l.l,' SHERIFF'S RETURN - REGULAR CASE NO: 2000-08786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T MORTGAGE CORPORATION VS MENDEZ JANE E ET AL DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MENDEZ JANE E A/K/A JANE E STIFFLER A/K/A JANE A STIFFLER the DEFENDANT , at 0008:25 HOURS, on the 28th day of December, 2000 at 1203 GROSS DRIVE MECHANICSBURG, PA 17055 by handing to JANE E. MENDEZ a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers: r~~1 R. Thomas Kline Sworn and Subscribed to before 12/29/2000 SPEAR & HOFFMAN q~ De uty Sheriff By: me this 3~ day of ~"-1 ~ I _ A.D. n.'__ Q '1n.OV-t..... (~ ~rothonotary ~a-, ,,,~ ~~ J 10-.. ,10'- M & Y Mortgage Corporation VS Jane E. Mendez, F/KJA Jane E. Stiffler, AlKJ A Jane A. Stiffler ;,l"l. .'~, "'"'".....~"O--" In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-8786 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library County Levy Postpone Sale Out of County Dauphin County Surcharge Certified mail Mileage Law Journal Patriot News Share of Bills Sworn and subscribed to before me This ~'1:: day of (},.. ~ 2001, A.D. q;!. f1 'I1v~. ~ Prothonotary 30.00 15.15 15.00 15.00 .50 1.00 15.00 20.00 9.00 29.25 20.00 1.06 6.20 307.25 262.95 25.09 $ 772.45 pd by atty. 05-31-01 S"",,~wJe~ :r~ ,.,'~' 1 R. ThOlnas Kline, e~ff. BY ~~ ce()Ju. Depu Sheriff 1.)-0 ~ JJ (/7 ~ //J.~'1J-J ~~"' "' &.~~~,~ - ""I '~. " , " :;~i ~- , SPEAR & HOFFMAN, P.A. BY: ROBERT W. CUSICK, ESQUIRE ATTORNEY LD, NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, F/K/A JANE E, STIFFLER, AJK/A JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, ROBERT W. CUSICK, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR. MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): JANE E. MENDEZ, F/K/A JANE E. STIFFLER, AJK/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: JANE E. MENDEZ, F/K/A JANE E. STIFFLER, AJK/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DR., SUITE 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE ~~~ ''''I H~ . I , , '~,~ " , . 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: BOROUGH OF MECHANICS BURG BARRY L. HECKARD TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, P A 17055 DOMESTIC RELATIONS P.O, BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ~ LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATIENTION: SUE BLOUGH TAX CLAIM BUREAU I COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 1203 GROSS DR. MECHANICSBURG, P A 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities, SPEAR & HOFFMAN, PA RO RT W. SICK, ESQUIRE Attorney for Plaintiff " OffICE OF THE SHERIFF cUMeti,,),~iS COUNTY MAR 5 3 51 Pl~ '0\ Cl~f:L\jL.t PENNSYLVANIA :'1 .' " :"1:' , , i!Jt~~ ,"'.."'"!'"~..".,' ~\m'kft-~I 1~!!~,~~W,'";"",,,,,F.i"'!''',<,"~,,:",,,;>, ;"i9FP'",!!m;.;;.~fliiIil-~~~~":rW:~"'~:?!r;JJ.<-',,*-'iI'J~1'-W1WI!l";-j;'!C"l\~~!lfI'~ ""~~' " , ~" ~"t " ~ m- -SPEAR & HOFFMAN, PA BY: RbBERT W. CUSICK, ESQUIRE ATTORNEY LD. NO. 80193 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURTOFCO~ONPLEAS CUMBERLAND COUNTY vs. DOCKET NO.00'8786-CIVIL JANE E. MENDEZ, F/KJA JANE E. STIFFLER, AJK/A JANE A. STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E. MENDEZ, F/KJA JANE E. STIFFLER, AJK/AJANEA. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 Your house (real estate) at: 1203 GROSS DR. MECHANICSBURG, P A 17055 is scheduled to be sold at Sheriff's Sale onJUNE 6, 200 1 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA17013-3387 at 10:00 a.m. to enforce the court judgment of$94,570.900btained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find outhowmuch you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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.) T'~~ - ,J I. i ,,', 1 l --~_" . .. 'YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS 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 fmd out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe 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 no later than JULY 6, 2001. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, P A 17103 PURSUANT TO TlIE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TillS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "'~..,>'~ - . ALL 'THA T CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos. 13-A and 14- A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance of70 feet to a point at the division line of Lots Nos. 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105.30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance ono feet to a point and place of BEGINNING. BEING Lot No. 13-A on Sub-division Plan ofPart of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland , Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person. PROPERTY ID# 19-23-0569-033 ,~ I ~ . ","' ~', n ""'~:~i . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-8786 CIVIL f9C TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cwnberland COUNTY: To satisfy the debt, interest and costs due M&T Mortgage Corporation PLAINTIFF(S) from Jane E. Mendez, F/K/A Jane E. Stiffler, A/K/A Jane A. Stifler, 1203 Gross Drive, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell S",e Legal Description ""\,>:;,:~~ 'It:' f)l'~lR;' .,,;,;', (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ~~ '~w. Jr."',..',.., ~"",\~ ~1''':'\'\' .~ II' JL'.' ".- GARNISHEE(S) as follows: ;1f('i;'<";; and'to-domy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthe defendant(s) not levied upon an subject to attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. % Due Prothy Other Costs $.50 $1. 00 Amount Due Interest AIlY'S Comm Ally Paid Plaintiff Paid $94.570.90 LL $106 g2 Date: March 2, 2001 ~~~;"o, ~ 4J;()/Y1P [? ~MA'J1~f Deputy REQUESTING PARTY: Name Robert W. Cusick, Esq. AddffiSS: 1020 N. Kinqs Hiqheay, Suite 210 Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: 856-755-1560 Supreme Court ID No. 80193 TRUE COpy FROM RECORD If! TestimOnYwtlerllOl, I hefe unto set my lland _ tile ~ 04 said,Court at CarliSle. Pi. ~ T~~~~~~~~ .'.. i~'SlI~..,I;t~;',;'i!.f.,1-'HiPi[l'':;;Wr;:i~liilm'"",,;&'...~'d'",,},''?''_ il-"l,";',"""hJ",~,'!",;i~"lJ,,~,,,,:t!'kd""fi;,,~llilllili~lI~~~__~llW~lIlf'.;iWl~ ,". ~i!litl~jl:i]U' J . ~,. '., . REAL ESIA IE SALE NO..1> . " un /J0 cJ ~ ~ ao I the sheriff levied upoItrthe,~nti:i interest in the real propertY~situated in An...m~r~/L. ~~~ d.~ Cumberland County, Pa., known and numbenldas:L ?YJIIo'pJ].~,,-{l,y and more two, Jescribed on Exhibit "A" flied with this writ and by this reference incorporated herein. "t,;~d 1;'i9dd ~~ '"," :," ~7' ~~ .. ~",-~ ~ . ~ ~., ~~ ...." ...- Cv;:J ~ c:=;:J <!fi) {Tinl J;v <:> ~ <>'"" ~ c:~ ~c: ;pm ,'~ ~~~ '~',"' -' ;::.;:r:: ~ -:.om ...J O(fJ O:X: -0 Crn ~ ..,.'" ....- o ~,~ -- .." rn . ~ ;r.C' ..... z'J.: u' ":' r-.> .-<. .- (/, ..::. ;-. :P'" it, ';t:. - "1 ",- , , ,/(~,-",~.{:.-"-'" ,'i,~;". ,,_ ~l ;";'~"r';;"~ "^" ;""-,---- "X' ""< "'-,'">--," ,';i Spear & Hoffman, PA BONNIE L. DAHL, ESQUIRE Attorney LD. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff M&T MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, FIKI A JANE E. STIFFLER, NKI A JANE A. STIFFLER Defendant CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PAR.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attomey for Plaintiff, hereby certifY that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit nAn. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, PA A,laAf , - BY: BONNIE L. DAHL, ESQUIRE '~-d""",I"........""'-<l. '"~-~ ~ ". w Ql ... :-a ;j' !l' " ll> .:c - ., ~ II"~~_~ 0' ,~~.~ (J) z~ en3 0'" ,~ dO ~; .' n o " ~dO""-I:i u:)>O> ~~'Z;:QO>< d~ Cc:OlJl ~:< en;;o m -'O,~ r: -I !j; ~ "-m ....:~ o"l 5 i:;I> ii;!!c:lJIZ "'-enc:e ....m;;oo ;:::!en~o -::0 c: ""'c:C:z e -.)> -I :; ;;0 -< . m ~ .' .. ~ Jl /; i\ l? 3 ... ii' lit ... ~ f i ~.,.,~iU~F ~,gh.~h!!; v.,.. !'-I~ I~;~ .'[ a -,11..( i~ f~!h a~- hh " , 1'["'1'12' g ~~ 1<<51,' ~~ 8.0.' !a~~~i~ if>=3!\.,H !iiHW!g !1!1:Jl~~"~ "~, Ii ;r!\.~i~ ~.;:~~ 0 ~Hh~ , :S'" , I a-.';;'Il' ~il':aOl ' !l="'~" "3 - ~ ~ ..83'1:_ .." o~ =<6 3~oil'5ogl ~!\.H~ll. l~I~H d~ll~ .il iO" g g ~o h~1l'5~ ca II 9'11: ~ ii' m'om~lt ';81-!l:2~ ~o ~Jg,m'~. j 3 o o ~ f i fj' ... '" I ~ I L ,j ~ ~~ ~-.a' -~ ~, kIiIilli<$);il1h'<f-~"#iI,,;t>iilWl-Jl~k' s: li: ...::1 s: ~ ... m l/O z ... -f Cl , ().....(J) m :::r 0-0 N CDNCD ~ Oll) ..:::! z~ :C' ~ e e ....!le i:~-IDlJI O~G) i:....-I . 2; a. - :J m m w, 0 m ;1>>0 )>~;;o mNm zco :c "'II "'II z.p i: o ><";;0 i: m o8z ,-ClIO :-l :-l Obm :c 0,0 "'II:cm :CG);I> 5l;!;~ N 0 ;;open ;I> Ol-C: :Cl>~ ;I>;;o~ Q) -IIt-l Z r- G) Zo- Z Oco III "TI r- ;;0 . w:::r:J g~ ~i :c - - r- :c o en.!!! 3 0 o m .r m m .j>.:E "" . :c ;;0 m jQ ~ "'II m eneno !\. III '" < 1 ;I> m )> ~ 0 lJIeo > ~ Z d m r- c: 0 i: C:;;oo d (J) ~ 0 . 0 ii Z~ : m ;;0 ;;0 m ::j~~ ;;o-c: s::: c:~ ~ < ;I> ;> 0 G)<"'II m ;:;: m -I - m " CD ~ ~~ ~ ;;0 (5 ~ :c ~ c: "'II ;I> S!/ N .... en )> .... i: )> Z iil ..... N " Z Z ~~ . -I m ~? :-l en - .- 0 Q) .... 0 .... en ~ , -..j ~~ -..j - 0 0 en 0 .. CD en lJI en !I "" en c: en '" ~~ 0 ;;0 " G) 0' . P 1: ~ 0 , : OO~:Dtt C(109lcZ" ~o;!!.~ Q. o.~~ -0 dg, 3 "2 ;:,0 O~ m:J O'J) !l ~?..!p' 0 i1:O i!:~ D lIIg~:J 0 ~... i~ e.2' ag ;l' -0.-'-0' 0;" " ~ ~. ;~c " .;.<'<>-'" 0::1: DDiF9 ::T!l: ~ ~cc (D ~ Do ;:II: ~ ..on ~ = :::r::r~;lIl'" III~ 0 1J dI m S-oi-o "V III 0.11 ~~ 8 !;:o :0 I"" a;; ~.'! ~ < ::i g:":'~ :::..!!. 1II lit S" pi ~ 5 Ij ! III 0" 2 ~ 1! I~ c " 'A , ~JiJlI '~I' fM,.I' ,~, ~i:'~ ;~~,;i"',, ;,~,;:~:-;/:,.:\-:{ <" ." _c Iii " "ll1!l2 ~ =di a 9:a.R 00 ~ g.ii'''' 8[ ~ iH ~~~oF ,~ ~h~~ I <:> if2 J~I "' i.", ,~ ;c.' ~~'~~\ ,(~ ,~~ '1, ~ "fg~I~&~ ~ ~ t~ Iml" ~ ill~ ..***..**....*** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION PRAECIPE FOR REISSUED WRIT OF EXECUTION M&T MORTGAGE CORPORATION ( ) Confessed Judgment () Other vs. FileNo. 00-8786-CIVIL Amouut Due $94.570,90 JANE E. MENDEZ, FIKI A JANE E. STIFFLER, AlK/A JANE A, STIFFLER Interest $7.303,80 Arty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The lUldersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or accolUlt based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Re-Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs upon the following described property of the defendant(s) County, 1203 GROSS DR.. MECHANICSBURG. PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). DATE: JUNE 7. 2002 Signature. . a 'st real estate of the (Indicate) Index this writ against defendant(s) described in the attached exhibit. Address: 1020 N. Kings Highwav. Suite 210 Cherry Hill. N.J. 08034 Attorney for: M&T MORTGAGE CORPORATION ,',,' ,- --""",,../ :,~";,~~;"",,~- rlrl'"' "'iIlg,.._. '--",,",' ,:,__:,'--';~l"" '~J:;i,'~';;:'''~ : --~~"''''''~"'lIllJ[lll11mi (' <;"v'i'"'~';''-'''"~'ir"'~ - ,I, - __"",, "C.,.' b~"C' ,"" , ","""",. , ' . . , ." '" , - ,;,.",', g -' - .~~ I ........ 6"- ~ ~ lJv ~ ..0 " " ~ -..) ~ ~ ~ c., ..0 ll.J ~Crt () ~ ~ AJ01 '- . . , 0 0 . ~ ~ D (') Cl C1 D 0 ~ "0 c IV 'h #-~ 0 c c () IN 0) () :;;: L.. ~~:JJ () J "'DCJ: C mfT. Z I I , z-- , r- I -'-.' '''om Pff! z); OLJy '- [0 CD .~ ~(j ~ -<L 10 !<O -"--ri ~ ,.,. ....-:n , C>J ~ , , ... ... ~ ~O ::ll: 20 ~ " ~ <: , , ~ " >8 9? om B ~ ~ ...... ~ w w :::: - ~ ~ - " - en -< .... " .... '",~ .. >,,,",<, ,-"",,'" ~"~, . ~ -=- '" "."~''''- ,>=~ --,'''~ '. ",,,"' " "',,~ - ~"."=",~,'" m"'~ " ~ ~ I" '" -'~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-8786 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JANE E MENDEZ, FIKIA JANE E STIFFLER, A/KJ A JANE A STIFFLER, 1203 GROSS DRIVE, MECHANICSBURG, P A 17055 (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 deht 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,570.90 Interest $7,303.80 Atty's Comm % L.L. Arty Paid $1697.60 Plaintiff Paid Date: JUNE 11, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division '- By: tho~C? -P.71z("j)/JN' ~ ])~ REQUESTING PARTY: Name THOMAS J, HORNBECK, ESQUIRE Address: 1020 N, KINGS IDGHWAY, SUITE 210 CHERRY HILL, N,J, 08034 AttOrney for: PLAINTIFF Telephone: 856-755-1560 Supreme Court ill No. 80057 ~ . < ~ - '., - ,- ,--'",<, ,- '1___' .1.:';:,,:0' ,~ . . '-,"",' . "..' '"" "C'" ", ",,~ ~,,:, '_ ',-C: ,-'<".C"'" SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY LD. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, F/K/A JANE E. STIFFLER, MKJA JANE A. STIFFLER DEFENDANTS CERTIFICATION THOMAS J. HORNBECK, ESQUIRE, hereby verifies that she 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: ( X ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. .a':;':, 'J' ""I'di""illitrl:.l," "..,i',i.." .... " -. "^~j"'i.;~'~-'~i"'<-'i.'J.~:,::' ^ ld,r ' :;'[i~;;k~,.,~,. IIl!iIII!II I ~ '" -~', f' ' ~ .." 'j ,_",'r,,',-- - ,,,""'.." ."..,.. >---- _ 0.. ,.."" .,- () C) 0 C f'J 0 s:: '- --;1 "C., c:: ?1-lp1 mn::; ;;e Z::v -V-fT1 Z:;;. "'9 en .;: ':)6 -<..:::. '~1-... ~c :;::. ::t:-i; ~8 :Jl: 0- ~o 9? ofn )>0 ~ ~ W 0'\ -< ,. . SPEAR & HOFFMAN, P.A. BY: THOMAS 1. HORNBECK, ESQUIRE ATTORNEY 1.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-C1VIL JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/K/A JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, THOMAS J. HORNBECK, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR., MECHAN1CSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/K/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/K/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DR., SUITE 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE , 'C , '.s' -' '^~ >':----:' :;:,-:,,:~<,," ,''''',:..:'<,;':-' , _'0',-'-,','"_,,,,~,-",:"<''';''':'' -,-~--:J~"~','''' _;co',: ~"" " " ,--"," . ,. . 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: BOROUGH OF MECHANICSBURG BARRY L. HECKARD TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUPANT(S) 1203 GROSS DR. MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. SPEAR & HOFFM TH S J. HORNBECK, ESQUIRE orney for Plaintiff ,~',~-," ,?;,.:/k, li1t""u"';";';"- ~ilLliii ': ,^:,;,,~- -'~-"j,:';'- -'~I , , _C_,_, :c_,c <,,",",_ ,,'_ ",,- C:~~;;:<""'--d-"'.' III I I...' .11 ,,',"""" ,'''.'m_' "." ~'_ '---- 0 0 0 C N '"1'1 s: <- '"OW c: ih;:D n1rTl JOe: Z::u , nm Zt;. ""1Q ~:L " i ',;'3 C) ~~' .--.--\"'\ :<\..J ;p. ....L.-n ~o :x 00 --C) CP. 2m >c 9. ~ w ~ (T\ ~~ ~,,~ . . ... ,I I ", SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY 1.D. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO.00-8786-CIVIL JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/KIA JANE A. STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E. MENDEZ, F/KlA JANE E. STIFFLER, A/K/A JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 Your house (real estate) at: 1203 GROSS DR. MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4,2002 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $94,570.90 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 OTHER RIGHTS 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 (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than APRIL 6, 2002 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. Y 9u may also have other rights and defenses, or ways of getting your house back, if you act inunediately 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 COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TillS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ',;-~ ,-~" --~ ;-.^-,-,-~~:~.o:.,~"".,-. ~-'''~Iilt~,C.;;~,""./-,,: :':~'~-'-/<l!':'.":i"" ._-"~~;;..- ~'. " ~. ~~".~ ~ "<""Ii'ill' <. " , ,,~ 'd .,'" ";'~,","H' ~.;",,', ,0 , , . -.. ~ !t!1 I I 0 0 ~ C- N s: t- o-:;J -oCP c:: '~'~'1?1 UHlJ ;;e: Z:I; - -cJtT1 me;; jJY - ';?\:' ::<., r::::r-'\ 4_,.- ~~ ~ :r::rl ;Zo -20 '?-"'-fT1 5$2 C[! ~ ; ,-" 55 (1' '< ,- " ~~", ~~ - "'-l' j , -~""".~ "" ALL THAT CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos, l3-A and 14-A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance of 70 feet to a point at the division line.of Lots Nos, l2-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105,30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING, BEING Lot No. 13-A on Sub-division Plan of Part of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67, HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C, Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland, Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person, PROPERTY ID# 19-23-0569-033 .,",.."J_. . ''''- ~ - M & T Mortgage Corporation VS Jane Eo Mendez, f/kla Jane E. Stiffler AIkIa Jane A. Stiffler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8786 Civil Term -" ',-" R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Bonnie Dahl. Sheriff s Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Out of County Dauphin County Law Journal Patriot News 30.00 20.00 15.00 1.00 24.20 13.00 15,00 15.00 1.37 15.51 20.00 9.00 29.25 302.60 279.90 $790.83 paid by attorney 6/06/02 Sworn and subscribed to before me So,~~: /....- ~_. :"',c ~ -r.-&. ~ R. Thomas Kline, Sheriff ByJ~J~ Real Estate Deputy This 11)<8 day of 9"" 2002, A.D. o;O,~.~~ Prothonotary \.00 Ch. 3 <.f (.'f !0....-.' p ~ 1'17 ',~- ".~< ~~ ~"~ ~ ,;,.,' ~,-~ ,I , .. SPEAR &HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEYI.D. NO. 79294 1020N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CIVIL JANE E. MENDEZ, FIKIA JANE E. STIFFLER, AlK/A JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUJRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR" MECHANICSBURG, P A 17055: 1. Name and address of Owner(s) or Reputed Owner(s): JANE E. MENDEZ, FIKIA JANE E. STIFFLER, AlK/A JANE A. STIFFLER 1203 GROSS DR, MECEU\NlCSBURG,PAI7055 2. Name and address ofDefendant(s) in the judgment: JANE E. MENDEZ, FIKIA JANE E. STIFFLER, AlK/A JANE A, STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DR., SUITE 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE ~ ~. 1~"i , 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: BOROUGH OF MECHANICSBURG BARRY'L. HECKARD TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O, BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT, 280946 HARRISBURG, P A 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUP ANT(S) 1203 GROSS DR. MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand tbat false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. . ^IY~ BONNIE DAHL, ESQUIRE Attorney for Plaintiff 'd1i1Jii!I!l;", ^',,'" " . ~ - ,-, "-:'c . ' , ~ , SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D, NO. 79294 1020 N, KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO.OO-8786-CNIL JANE E. MENDEZ, F/K/A JANE E. STIFFLER, AlK/AJANE A. STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E.MENDEZ, F/K/AJANE E. STIFFLER, AlK/AJANEA. STIFFLER 1203 GROSS DR. MECHANICSBURG, P A 17055 Your house (real estate) at: 1203 GROSS DR. MECHANICSBURG, P A 17055 is scheduled to be sold at Sheriffs Sale onMARCH 6, 2002 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $94,570.90 obtained by M&T MORTGAGE CORPORATION against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. :j~i ,ill. "~ ;'_1 """'"'-~ "~~ illl-- ., .do , '~ ",.'. .. . . , 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 OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 (717)240-6390, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390, 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than APRIL 6, 2002 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, P A 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TillS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -' 1-"-'''''''''~."''''''"~ '"" ~- _.~~'" ~~...~ ."' J ,. ~..._ ,. ~ ~"'~ u r~'"""''''"'-'IlilliI'''''- :ill! ~il!e_tfumzk ALL THA 'r CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described ai fQllows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos, 13-Aand 14- A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance of70 feet to a point at the division line of Lots No,s, 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105,30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING, BEING Lot No. 13-A on Sub-division Plan ofPart of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67, HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and SandraL. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland ,Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person, PROPERTY ID# 19-23-0569-033 _I. - " 1 -., WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-8786 CIVIL 19 CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: M&T Mortgage Corporation To satisfy the debt, interest and costs due PLAINTIFF(S) Jane E. Mendez, f/k/a Jane E. Stiffler a/k/a Jane A. Stiffler, 1203 from Gross Dr., Mechanicsburg PA 17055. DEFENDANT(S) You are directed to levy upon the property of the defendant(s) and to sell Real estate located Gross Dr., Mechanicsburg PA 17055. (See attached legal (1) at 1203 description. ) (2) You are also directed to attach the property ot the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined lrom 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 himlherthat he/she has been added as a garnishee and is enjoined as above sfafed. Amount Due Interest Atty's Comm Atty Paid Plainmf Paid $94,570.90 $4,447.30 L.L. % Due Prothy Other Costs $1. 00 $891.77 Date: September 26, 2001 CURTIS R. LONG Prothonotary, Civil Division by: rJrL L o ru,Ih._ Deputy REQUESTING PARTY: N Bonnie Dahl, Esq. ame M Address: 1020 Kings Highway, Ste 210 Cherry Hill NJ 08034 Plaintiff Attorney for: Telephone' 856) 755-1560 Supreme Court lD No. 79294 ''''''-~(IT ,~"",--'"",,, .', ~~~ilf:;~itJjtM~!'Tjl'N~1:~~~ffll~~~ii~r.H\"I<--*\rilM~I,iL~-4iW~iJ.<~~@iii4jj&~I~j{_J~i1'iLJ~ilj~'IIIl!ililir:~~tr-". * -~~.' '"~-. REAL ESTATE SALE No, 01 On October 25,2001, the sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA, known and numbered as 1203 Gross Dr., Mechanicsburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 25, 2001 By: -\ .~ .\ \~ ",i, _,C' - .~, . ,_., ~ i >.. \ ~_) '< i \ '" , ,'" <0t t'-!o'S '< \;.~, 1:;, .', ~ ' ,r\~ \\\) -. - .::~\~~~ ',i: _\---1 '" 'I""" ..\'<\ ,.... ":.\\'J ~~\\\,' 9bctJ.-( S SrrlLtil Real Estate Deputy ,;-:1 I I , I eI &:;;;] c;:;;) c::::J G=e> (i;;A) , ..- REAL ESTATE SALE No.1 Writ No, 2000-8786 CMlTenn M&7 Mortgage corporatlan v. Jane E.Mendez, . 1/1<10 Jane E, Stiffler, -' a/I<IaJ Ja". A, Stillier ___ Ally: Bonnie Dahl DESCRll'llON . ::-ALL THAT CERTAIN Jot or piece of land, --.sItua~ ill the Borou{~{ Mechanicsburg, County Hi Cum\lerland, ana "tale. of Penn!.)'lvania, more . =cuIarlY ~~p~~?j!~cribed as follows. to: ~ BEGIN!\1JNiJ at 3." point en the Sou.thcrO slde of ,?-Gross DJive whicll point is at \be divilIDn title of_ ,_J..ots-Nos.~ ,l3-A and l~A on the~ereinafter -:- menJSoooo e1arLof Lots;Jhence South 1 degrees :D~iriilteS 3n~seconds East along said dhislon 6~_a_qi_~f:_ofJW.30J~t to ~ point; thence ~ ~-::8i--a~-46-m!n~tes30 secQl1dsWesta ~e_ri(70 leet tp _a point at fue,division tine J!!6fLots ~~ ,l2-A and 13~ on ,said_ flan; thence ~ ~9-M- ~ de1Jees 13 minUtes 30 seionds West 'oog s r Qi.Visiml~, idtstance of 105.30 feet ~ a ~i1U: on !be Southcl'Jl. side of Gross Drive oresm11;thence North 82 degrees 46 minuteS 3\} ~ds East along ~orefile1ltion.ed Gross Drive,. ~stanu of 10 feet to a point and place of ~WilNNING, . ~ BEJI'lU Lot No. 13-A on Subdivision Plan of Part --:-<Tsectionl and ~1!P.divi.sicn P\an of Section 2 o]!.1he Fuml Plan) fValley Stream estates which ~, recOfded 10 and. fer: the County of ~larid' in pjan>~ook 16, pages 66 and 61. ~!lAVlNG Tf:!EBEQN ~llErrno a single famil.Y ,"dwelling known and l).UIAl~ as 1203 Gross t):!,rlve, Mechanicsburg, Pennsylvania. ~ BEING the same premises which Daniel C. Day ami Samira L. Day, hi, wife, by Deed datJ:d ,-:AYg!liit29.199.LandteCOrdedAUgust:'Q.1991 in ~'s Olfic.ejp and for the County of ji.Cilfilberland. PenllSy1vanil<.in Deed Book a3S, ~--=-21R. pted and conveyed unto Jane E. .:..Stiffier. single person. . - rROPERTYJD #19-23:0569-033, . ",-"I. "-- -~-, ,;;.1 L " ..r" - H THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) January and the 5th and 12th day(s) of February 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 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 auphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY s ALE #1 Notarial Seal Teny L. RussQU, Notary Public Hanlsbulll, Dauphin County My Com..lssion Expires June 6, 2002 TARY PUBLIC Member, P9(1nsylvanla AssoolatiOn of NoIafiMy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS.OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 I 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 $ 278,40 1.50 279,90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By,.,.,.,..,."...............,...,."."""'...,.............,."", !!!I!I-r~ - ~ _, 'kC ~~Jj ~.. cj, ,... REAL ESTATE SALE. NO. 1 Writ No. 2000-8786 Civil M&T Mortgage Corporation vs. Jane E, Mendez, f/kl a Jane E. Stiffler, a/k/a Jane A. Stiffler AtW.: BOnnie Dahl ALL THAT CERTAIN lot or piece of land. situate in the Borough of Mechanicsburg. County of Cumber- land. and State of Pennsylvania. more particularly bounded and de- scrtbed as follows. to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos. 13-A and 14-A on the herein- after mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 sec- onds East along said division line. a distance of 105,30 feet to a point; thenre South 82 degrees 46 min- utes 30 seconds West, a distance of 70 feet to a point at the division line of Lots Nos. 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said diVision line. a distance of 105- .30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 min- utes 30 seconds East along afore- mentioned Gross Drive. a distance of 70 feet to a point and place of BEGINNING, BEING Lot No. 13-A on Sub-divi- sion Plan of Part of Section 1 ,and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Es- tates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive. Mechanicsburg. Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30. 1991 in the Recorder's Office in and for the County of Cumberland. Penn- sylvania in Deed Book H35, Page 210. granted and conveyed unto Jane E. Stiffler, single person. PROPERlY ID # 19-23-0569-033. -- F^-' ~J ~ ~. . -~ ~~,. I.~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Undcr Act No. 587, approved May 16,1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, ofthe County and State aforesaid, being dilly 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, , , VlZ: JANUARY 25, FEBRUARY 1, 8, 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 SUBSCRlBED before me this 8 day of FEBRUARY. 2002 NOTARIAl. EAl ! lOlS E, SNYDER, Notary PubI1c ( Carlisle iloro, CUmllManil County , My Commis&lon ExpiIllS March 5. 2005 ~" , ~I- ~ ',~.'~' _ -;-2<fd, ~_ '. '",;- ,'J,' .- ",. h-<'.. ,-. ,,,_, '-. Co""~ '~".)' ",," -,,"' "":""h"; ,_;,''-,,;. '__'-.'_';"_~ ,.,_ ,,:- _'0'" .-,',,- ,,,- -, --".~ ,-;j."-) .. \ Spear & Hoffinan, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No, 79294 1020 N, Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff M&T MORTGAGE CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 00-8786-CNIL JANE E. MENDEZ, F/K/A JANE E, STIFFLER, NKJA JANE A. STIFFLER Defendant CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO P A R.C,P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to P A R.c.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, tbe originals of which are attached as Exhibit "A", The undersigned understands that the statements herein are subject to the penalties provided by 18 P,S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: ~ BONNIE L. DAHL, ESQUIRE " ' , ,; , "'.':,'.1 " , . ,. "', ,,;,"",' ' ' , , .. , '" " r~ ~ ~ ~ ~ ~ ~ r e.~~ '"'" '" ~~ CO CD " CD '" ... w ., ~ , ~ ." '" ... w ., ~ 0 0 ",..~ 0 8.z ~~ 3 o!l- 3 ~o ~ '0" ... w3 ~=il. . ~ !!3 ' ~ F ! .... :<" :' 0>" " ;p o' ~ 0 ->. en 0 . :Y a" 0- . 2 co NCO . pO," '< Z' ~ I' ~ '" '" . 6. a. .. D~ )~ ~D I 60J a~ 0 ~b~ s:0> -iOJOJ ow OG) OJ 25~ I?,:J I .0 g~ ~O )> ~~ )> mO 5<)>0 )>"'" 0;0 C j~~ :C" Z ~O :;: ;0 ;0 lz. ~ O(]J ;0;0 s:~ s:m " 8.< :1 ;0 ~~ C I(j) 0;00 -oI -om " OJ _. 3 .3 ~c ~~~ )> OS: :o~ en ~E: (j) )>0 O-<c )>z <DOl ~~ ~ , ~>< zS: ~:G) I)> z-i , ><0 z :Y:J ~~ OJ -;0 .0 co;o . ,.=< c ~O g~ .m i~~ :igJ mII '-i -<;0 ""'-i 3 Ol ~ ~~. bO ~ .. ;0 'N m z . ::< ~" -0 ~~ omO m OG) " U ~c ~~ nO )> -iO" -00 -< )> > (j) "'~ ~ )>)> 0 a 0 ~~ ~ O~s: ~ G) ~ c: ~~ s: ..... ~, 0 "'" m . ~ ~(j) 0 ~ ;0 m .....m z N . ~ -0 ~~ ~ ~~ ;00 ~O (j) "'" 0 m N 0 , OI 0 0 .0 ~ D::;! w ~;o c " c :;;: )> s: 6 ;0 ~ 0 0 )> N Z ~~ J-,.m z CO -0 . !Io ;0 ~b (j) m "'" , 3 0 ~ 0 r . m (i c ;0 0 . . m r~ ; , ~ !: CD (j) :::j 0 a "'" OJ m Cii ~ ~ en (j) ~ 0 !Io g' ~ i--< ~ 0 0 0 >: ~~ ~ 0 " 3 . CO C Z ~' 3 a: . F-)> z > c Z a 0 st :;;: -i a OOJO- ~ " " OJ ~ ~ ()(l:JJ,J~ .. l\l 0(/111/11> 0 .. ~O~f'~ 0 ca" (tl nO!l"< 3 a "U 1l' 00 ... as. ~ " " 3 Do I .JO o~ ~ " m::J o~ 0 ~~~~ ... . ~ :1j ~ t:~a~ . ~ i: ~ i6~ :>, ~~~~. ~ ~ g 3'8 3~'i ~ . 0:;.... 0 .. :; -!'S~ '<Ill F ~;;=n~'" O~ 00010 0 !l $ ~ "!i 11'[ -~ ~ ~<2 -:r ~ -~ iii ... ~g ""'''''Iji'J.Il '" H~ ~"li :J':::Tr+;ll;" ~ o ' o"~!1l "rUp' ~ s 0 ~"'tl ~ 'U'" Q."tl !!. mID (II ::J "I: o ~ - a ~_ ~~!l!.; ~r ~ ~ ~~ " [![:;~~~ ~.~ = ~ ?:'jii' 0 ~i ~ ~ <1 " [Ii ~~~. < , 0- ~ :;; " [!i~g~ 0 0 0 ^ !~i'i3".H ,,'i Q . . _0 ~3~ ~.~~o o " , 0 ca;:!:l!t~- ~~ a -~~3~"" "tlIDO):> ~~;"ii!iH " 0 a ~~_~ ..~<O~~~. ~, ~ g(f'!:!. ...::1 .... ow ~Yl:~~i o CD I!:! ~ II> 1I> o ~ :.;- e.it 3 :~t~~5' l\I 00"0 ... g: 0 -:r .li Q) :.r3@' w~ ~ en, l'~ 0. . ~~1'2 [~ '[j '~-i " ~~ ~-j ~ ~g c~ - . ~ J ~it~3~~i' ! !!!.=_OI~ (Ill ~W, a 9.. ~~ :n il!83"il " '?''J ~g~lll~ Ie. .os It/ii' J ~ fA it s.g.l \~ ~ "'W '.J rf ~ '" '" ; ~"il rr8~ , LI ~ '0 '9:1'\ . .w~(,t'3~3 \ 11 '''f~ ~ [~~~. ,;;:' .~ 3~ h ~ Ins~/ '~ A . . ~ "'h~<( .. ij,g""H jj ".t-'- 5' -. Cd <II Ii' 0.. "'''/;./~~~ (O~~go3' ~3.;.W~'~ <0 II> 9''Q ~ ~ I j '~ ~~ rn a.g m ~ (D I .flg8'"3:; ~ I I ~Ol!.~lij'~' It........................ ''''''''__*If-11o- # ., ;)l 6' 3 ... '" ... :' ;,p <T 2 ~ -< - '" '" .. 6' 3 i - i' l? a ... iI' [ "0.- ''''"'~ _ ',~'I J - - ~ ",- :."h,: <:_:~,;';,' ---",--,,~ :-S:':;;_U~I_C,::;:._;- ~. oJ - - - - - - r -~ 01 .. OJ '" - 0 co 00 ... Q) 01 .. OJ '" - , II.z . ~" 3 ",' llo . ~ fi.!!l - .0 ....lo....::o , .. 0 . . :D-l .0 g!: ;::" z 11." . . -~ ,,~ 00 ,.- 0::9 _3i~ U DO" s::~D m~~ O(.Oz ?ign z . ZO-i . . O(fJ- ? (fJ(fJ!!! > lJJoD ~ ~ C;UO " . ;u, 0 . . p C .- "U "U ~ :l> . :l> . Z .- ~ .::! ~ .... ~ 0 !!! ~ en 0 en .. 0 " 0 . > ~ ~ " . . ~ " o ~ ~ ~ " ~ ~ . 3 . o ;; ~ ! 1 ~ ! .. "" f ~ HH~F ....gW5'.hi:: !l e.. 0.'lI il'~ ~ Hi ;..s~ "8._ ~~~~!~~ ,,~J. .f~.H!l. ..,"'~ -'F< !I a~ ;g~~ !!1!~~~s.lii' i9?ii~g~ ~~~3ac8& !!l31! ~.lII~o tDill~_81P:J -~~~~lt~ L. a~~8 .. -", ~ ,,! ~!1'8.g. lll_W-ll ~ a- ~u.[a o CI)~S ~ if ~:s ifj' !if :l~.'il11'~ · il'f(l3 0. ~~_m~ it i if~3~J! ~~~~H :-2..J\: fit ~ 8- ~~!['~~3 lit i~'~!2' IhUi ~ iflll g [_. () ~:::!- g ~ i&!_W:;i'3 <B. g~~-. :~o~~g. ~ ,,11. ~ 3 OO~(ll:J ~C~~G'~. "Itl(~r.. I .)~~ ,1~ r ) .~ l'..~lS ~ 2,;a:.Z ..~ g'o.~ = " " c.lllll ~.&. ... : 0 ~ (fJ :;;,- 0'0 CD NCD l:l 0," f< Z'" :C' '" F6.iS. :J Z'" :c ~~(i~ '" '" :;;'-:J :;: '" :< (fJ c: "" CD N ~ o DODD' 005:O~ ~ o~g ~ ~oii1!!~ a. o.~~ ~. ? 3 o O!!l 1) ~~-:n ~ x 3. g 1Il i ... Ji3::E co :ll(ll~3 1Il 1Il () O:Il ~~ ~~ .11 :::~ ~~. 0:::- . . ,,:I ~~ L~ !; ~, ~ DOll0 ~:E~ :r ~';f~' ~ ::T::T...;:c;" o-o~~ oS i It-C "UliI'Q."C ~ - ~a ~~~l .. . 5i 5 0- ~ l1) 0 g ~ if ~> _0 ,,~ ~,~ I!-i <" . . -" " - , . ~ o 1:1 II' 0 )> ~i a ~~-~ o (.I) ~ g R'!:!. o CD ~ :J a III ;~Il~:'~ ~::TO~ ~w a..."{a.~ ~ c :Jl;:"'- r<.. m\~., ~ '" F :f~ ~ ",1.\ ~ I,... g ":.~ hJ. ..::. ~"~1~"; CCD- ~ rl~ 111~ ************* , f';:'~;";j ,,,,'c.',,.;,,,,, ,""""'NI',;f,;""'",,, .", ~"-~ , ';~"""""'i", .i ,~~~.~""k"-.~.I ...1. " " ,"~ .0 _"~" .e~~ '.' '" " -'-.-':- ;-<;<~;; -, ';\'b'<. . ','"" ,,' ., ""', i I ... I .. 0 co c> C ".J -n ~::'" ~ -oEf . "'~-, mn-, !:i") Z::r._' I ;'r, zr;: 0' 1..~.'- 9~~~- , ~") ~C~- ,'-'3::."" ., ~Q ~ ("5 :~~ .._,~ \..J :r.;:i::! 1..0 C5fTf Z W ;g =< _'0 (:::J -< ~ ~ -~" ,~'" .~~""- ,,' ",:1. '. "",,*-<<-~','H__'. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretarv of Housing & Urban Dev is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 11th day of June, A.D., 2002. out of the Court of Common Pleas of said County as of Civil Term, 2000 Number 8786, at the suit ofM & T Mtg against Jane E Mendez fka Jane E Stiffiler aka Jane A is duly recorded in Sheriff's Deed Book No. 254, Page 3984. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J day of ~ , A.D. 2002 \fY\a~ A ~ I df~ I Recorder of Deeds ~t::::"'Iu:.':i~t:It~=- ~,~-, .--- ~,,- ~~ ..:..;' .I - - _Lo ~ ~ , -~.4al.L. ~ '! " M & T Mortgage Corporation VS Jane E. Mendez, f/kla Jane E. Stiffler a/kIa Jane A. Stiffler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8786 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Jane E. Mendez fi'k/a Jane E. Stiffler a/kIa Jane A. Stiffler, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now: August 1, 2002 at 9:18 am served the within Real Estate Writ, Notice and Description upon Jane E. Mendez fi'k/a Jane E. Stiffler a/kIa Jane A. Stiffler by personally handing to her one true attested copy of the original Real Estate Writ, Notice & Description and making known to her the contents thereof at 660 Boas St., Townhouse Apts., Apt. 1619, Harrisburg, PA 17102. So Answers: J, R. Lotwick, Sheriff of Dauphin County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9,2002 at 11:17 o'clock A.M. she posted a true and correct copy of the Real Estate Writ, Notice, Poster, and Description, in the above entitled action, upon the property of Jane E. Mendez fi'k/a Jane E. Stiffler a/kIa Jane A. Stiffler located at 1203 Gross Drive, Mechanicsburg, PA 17055 according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Jane E. Mendez, fi'k/a Jane E. Stiffler a/kIa Jane A. Stiffler, by regular mail to her last known address of660 Boas Street, Townhouse Apts., Apt. 1619, Harrisburg, P A 171 02. This letter was mailed under the date of August 6, 2002. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Thomas J. Hornbeck for Secretary of Housing and Urban Development. It being the highest bid and best price received for the same, Secretary of Housing and Urban Development of 1600 Sacramento In Way, Suite 200, Sacramento, CA 95815, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $829.47. Sheriff's Costs: Docketing Poundage Posting Bills Advertising $ 30.00 16.06 15.00 15.00 ~""-"_""iO ,> ~~~ , , ~ --"~ ~.,.=~~-~-" Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Dauphin County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed ~ "~"L~ 30.00 10.00 1.00 6.90 1.96 15.00 20.00 9.00 25.50 302.60 241.75 25.20 25.00 39.50 $ 829.47 paid by attorney 11/20/02 ~~~ R. Thomas Kline, Sheriff Sworn and subscribed to before me This 'l-f!:: dayof iJ!eu~ 2002, A.D. ~,.<-/ () th, f'iJ-Uv; ~ othonotary ByJocLq S,SrWil Real Estate' Deputy . ~ " - ~,~ "_J&-j~,,,,,-:_ ~~ 30 ,uV Lvi=> cJe.. 31'7,/0 n /3 :1310 1r4i, - ~. ~~ - '''.<- w:~! .. r SPEAR & HOFFMAN, P.A. BY: THOMAS J. HORNBECK, ESQUIRE ATTORNEY LD. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, DOCKET NO. 00-8786-CIVIL JANE E, MENDEZ, F/KlA JANE E. STIFFLER, A/KIA JANE A. STIFFLER DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, THOMAS J. HORNBECK, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1203 GROSS DR., MECHANlCSBURG, PA 17055: 1, Name and address of Owner(s) or Reputed Owner(s): JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/KIA JANE A, STIFFLER 1203 GROSS DR, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: JANE E. MENDEZ, F/K/A JANE E. STIFFLER, A/K/A JANE A. STIFFLER 1203 GROSS DR. MECHANlCSBURG, PA 17055 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: M&T MORTGAGE CORPORATION PO BOX 840 BUFFALO, NY 14240-0840 GREENTREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DR., SUITE 118 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: NONE :- ~. ~-. ~..I - "-'~mlli&H:> . c' I' 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: BOROUGH OF MECHANICSBURG BARRY L. HECKARD TAX COLLECTOR 605 SOMERSET DRIVE MECHANICSBURG, PA 17055 DOMESTIC RELATIONS P.O, BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 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: TENANT(S)/OCCUP ANT(S) 1203 GROSS DR, MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~4904 relating to unsworn falsification to authorities. SPEAR & HOFFM TH S J. HORNBECK, ESQUIRE orney for Plaintiff ~~- - "'. '----~'h . i SPEAR & HOFFMAN, P.A. BY: THOMAS 1. HORNBECK, ESQUIRE ATTORNEY LD. NO. 80057 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION PLAINTIFF, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, DOCKET NO.00-8786-CIVIL JANE E. MENDEZ, F/KlA JANE E. STIFFLER, A/KIA JANE A, STIFFLER DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JANE E, MENDEZ, F/K/A JANE E. STIFFLER, A/KIA JANE A. STIFFLER 1203 GROSS DR. MECHANICSBURG, PA 17055 Your house (real estate) at: 1203 GROSS DR, MECHANICS BURG, PA 17055 is scheduled to be sold at Sheriff's Sale onSEPTEMBER 4, 2002 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $94,570.90 obtained by M&T MORTGAGE CORPORATION against you. 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: 1. The sale will be canceled if you pay to M&T MORTGAGE CORPORATION the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3. You may 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 OTHER RIGHTS 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 (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than APRIL 6, 2002 This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,i\l-<>:',L..-~..._,,,,,,,,,,, ,." -~ - - """""'~,...'" ALL THAT CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Gross Drive which point is at the division line of Lots Nos. 13-A and 14-A on the hereinafter mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 seconds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 minutes 30 seconds West, a distance of 70 feet to a point at the division line of Lots Nos. 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line, a distance of 105.30 feet to a point on the Southern side of Gross Drive aforesaid; thence North 82 degrees 46 minutes 30 seconds East along aforementioned Gross Drive, a distance of 70 feet to a point and place of BEGINNING. BEING Lot No, 13-A on Sub-division Plan of Part of Section 1 and Sub-division Plan of Section 2 on the Final Plan of Valley Stream Estates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67. HAVING THEREON ERECTED a single family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland, Pennsylvania in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stiffler, single person. PROPERTY ID# 19-23-0569-033 ~ ~ ~~~ ,~~ _. "'-, i L~~ ~ '- '~'-~ . ~~ ,:; -~ ,-. .:.~~ " WRIT OF EXECmloN andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-8786 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T MORTGAGE CORPORATION, Plaintiff (s) From JANE E MENDEZ, FIK/A JANE E STIFFLER, AIKIA JANE A STIFFLER, 1203 GROSS DRIVE, MECHANICSBURG, P A 17055 (I) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $94,570.90 Interest $7,303.80 Atty's Comm % Atty Paid $1697.60 Plaintiff Paid Date: JUNE 11, 2002 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division -fu': ~~D. 8. ~J}/U~.r:D~ REQUESTING PARTY: Name THOMAS J. HORNBECK, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SillTE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 Supreme Court ID No, 80057 ~~liffij~~)"'~;;'ii.'0&\lHl!!J:fi!K;;h4,g~~"!;;r""2"[",;:j'~;,,,, '-'_i,,'"'' , , "~;'!~>c&:i"";S&*~k,@I!I!i~1!,il:i~U~~ill~~,f;;~'l<d,"'i.<&'1.;'~ll;l~4MI~">liJ'. "-l~lltI,i& ~, 1"1 Real Estate Sale # 61 On June 17, 2002 the sherifflevied upon the defendant's interest in the real property situated in The Borough of Mechanicsburg, Cumberland County, P A known and numbered as 1203 Gross Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17,2002 By: ,J 0 ciL[ J rviitl1 Real Estate Deputy ~ ~ ~ I ) ~-~: 'r ;':.1 ,] ,J , f',T ? I) ,Nnr Alii,;, . ,UI~i:lIL: , /'-",'-10 i" ';:;;3,1(1 ~-,~~,-- - ~- ,,'~, . -" ~" ~.~ .~ - """ ~ . lli'i " " .' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Con1roller 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..Illi; Sundav 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 Pa1riot-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 secl[rely attached hereto is exaclly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 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 pursuant to a resolution unanimously passed and adopted severally by the stockholders. and poard of directo[s of the said Compa,ny and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", V;I~m;:I~:~~~:' ~...,..~....................,..........,......................... COpy Sworn to and subscribed before me . 14th day 0 Aug 002 A.D. S ALE #61 NotallaJ Seal Teny L Russell, NOla"'. Public City Of Hanisburg, DauphIn County My Commission Expires June 6. 2006 Member. Pennsylvania Association Of NotarieS NO ARY PUBLIC My commission expires June 6, 2006 '-:-1'iEAL ESTATE(SALE No:61- . '. wilt No. 2000-8786 Civil Term _'. M &T Mortgage Corp. . v. .. _,; ~-Jane E. Mendez, f/kla "~,.Jane E. Stiffler aIkIa L" . JaneA.StitfJer ~~tty: Thomas J. Hornbeck "w,/;cRjfTION. ~ALL THAI CERTAIN lot or piece of land, ~iluale ' ~}.n the Borough of Mecbanicsburg, County of.. ""CUmberland, and State of Pennsylvania, more '. ~lttic:ula1iy bounded and descn'bed as follows, to ~ :: -B>>GINNING at a point on the Southern side of ' ~ss Drive which point is at the division line of ' ;JMS NOs. 13-A and 14-A on the hereinafter Fm;e.n,tionliL- Plan of Lots; thence South 7 degrees 1~ - minutes 30 seconds Easl along said division ~liije, a Qjstance of 105.30 feet to a point; thence ""SOllfh"82 de~s 46 minutes 30 se;:onds West, a' ~.diStance-cif10feettoapointatthedivisionlineof :ito4 Nos. 12-A and 13.A on said Plan; thence' ~!fjjtth Z de~s l~ minu~es 30 seconds West i Advertising Cost 1JPng smd diVlSlon lme, a distance of 105.30 feet ~.~iht on \he Southern side of G~ss Do" 5., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general 7.lUoteSald; thence North 82 degrees 46 mmutes 30, _. .. . . . . ~E,.<l '"""" ,",rem""""," 0"", Dri",' ige receIpt of the aforesaid notice and publtcalion costs and certifies that the same have ~,_,.I.-e-::~df. 70- f~t to a poim ,"", d place of : ~B)jG1NJiIJNO. ._~~~_.. CUMBERLAND COUNTY SHERIl=FS 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 $ $ $ 240.00 1.75 241. 75 By.................................................................... REAL ESTATE SALE NO. 61 Writ No, 2000-8786 Civtl M & T Mortgage Corporation vs. Jane E. Mendez, fjkja Jane E, Stiffler, ajkja Jane A. Stiffler Atty.: Thomas J. Hombeck ALL THAT CERTAIN lot or piece of land, situate in the Borough of Mechanicsburg, County of Cumber- land. and State of Pennsylvania. more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point on the Southem side of Gross Drive which point is at the division line of Lots Nos. 13-A and 14-A on the herein- after mentioned Plan of Lots; thence South 7 degrees 13 minutes 30 sec- onds East along said division line, a distance of 105.30 feet to a point; thence South 82 degrees 46 min- utes 30 seconds West. a distance of 70 feet to a point at the division line of Lots Nos. 12-A and 13-A on said Plan; thence North 7 degrees 13 minutes 30 seconds West along said division line. a distance of 105.30 feet to a point on the South- ern side of Gross Drive aforesaid; thence North 82 degrees 46 min- utes 30 seconds East along afore- mentioned Gross Drtve, a distance of 70 feet to a point and place of BEGINNING, BEING Lot No, I3-A on Sub-di- vision Plan of Part of Section 1 and Sub-division Plan of Section 2 on the Firm! Plan of Valley Stream Es- tates which Plan is recorded in and for the County of Cumberland in Plan Book 16, page 66 and 67, HAVING lliEREON EREC1ED a sfugle family dwelling known and numbered as 1203 Gross Drive, Mechanicsburg. Pennsylvania. BEING the same premises which Daniel C. Day and Sandra L. Day, His Wife by Deed dated August 29, 1991 and recorded August 30, 1991 in the Recorder's Office in and for the County of Cumberland. Penn- sylvama in Deed Book H35, Page 210, granted and conveyed unto Jane E. Stlfller, single person, PROPER1Y ID #19-23-0569-033. >;,1 ;,n "->>-='~.l!" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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, beenregularly 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 26, AUGUST2, 9, 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. ~ditor ~ SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 NOTAR LOIS E. SNYDER, NoIaJy PublIc , CartiIIe Bom, CImIllIIrIand CouIIIy' .'. My ComlI..1Elqllrea Man:Il5, 2llO5