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Home My WebLink About01-0820 FX ~" ~-"" ............~,~ - .'_ i.. , - ;.';'""",,"~ ",:1 MARK J. UDREN &: ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) : NO. 0' - J>J.1::> Co~l y~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 \~" ~ ,"" ~." 0'= "' " : '.-, -,,' ~', AV:i:so Le han demandado a usted en la corte. si usted quiere defenderse de estasdemandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 or 800-990-9108 ~ ~ -'"''''''''-~'' ,-~^.. ~ ~ "A ..-- " l:!liiJJ,,-'_, NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law fIrm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 h-"-.' ~> i- ;",". "'1;;; 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Assignee: Recording American Home Improvement Products, Inc. TMS Mortgage Inc., dba The Money Store Date: 10/27/98 Book: 592 Page: 1067 Assignor: Assignee: Recording TMS Mortgage Inc., dba The Money Store Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 Date: LODGED FOR RECORDING Book: Page: 2. Defendant(s} is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s} and mortgagor(s} of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s}, Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 (g). The information' regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4 North Enola Drive MUNICIPALITY/TOWNSHIP/BOROUGH: East pennsboro Township COUNTY: Cumberland DATE EXECUTED: 7/27/98 DATE RECORDED: 10/27/98 BOOK: 1492 PAGE: 164 The legal description of the mortgaged premises is attached hereto and made part hereof. =~'. ~~~^ ~" ~. ".,:, '_ ,- L '~~-. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 2/5/01: Principal of debt due and unpaid Interest at 12.34% from 6/13/00 to 2/5/01 (the per diem interest accruing on this debt is $6.32 and that sum should be added each day after 2/5/01) $18,700.49 1,504.16 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 2/5/01) 825.95 Late Charges (monthly late charge of $5.00 should be added on the fifteenth of each month after 2/5/01) 0.00 Corporate Advance Attorneys Fees (anticipated and actual to 5% of principal) 1,817.86 935.02 TOTAL $24,313.48 ~rJ - ~ ~. I , '.l.<' ,~"~ " : ~.' '10)2',<, 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania ~omeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Pefendant(s) herein in the sum of $24,313.48 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Marki~. Udren, ESQUIRE MARKIJ_ UDR~N & ASgOCIAT~g Attotney.for Plaintiff Attorney I.D. No. 04302 ~ - - .~ - "0,1 ". .. "~""~---""~-"'-''''''~'''T~ At.!- THAi CER'r;'.!I~ ~ract or la..,d ...it.h the 111lpr'Ovel'Cents thereon er-ected, situate on the No:'the.'lst dce or North E:nola Drive, East Pel'll'lsbcro Township. Cumberland C:ount.y, Penns:i:va~h, bounded and descr-1bed 1n sccordance with a Plan of Survey by n. P. ~arf';'n5p~:"gel" A5s0eiatC'~. Engineer5 and Surveyors, dated February 14, ~979 and be~r~ng ~raw~ns No~ 26S-,2, as fOllows, to wit: BE:(jIl1~!~O at a nail in the walk. en the Nort.heast s1ce or North Enola Drive, at a GOt"Mr- ot property no. 2, said tlaj 1 being 29.0 reet :'rom the Northwesterly extre~ity or the arc or cur-ve connect1na the Easterly side of' North Enola Driw with the Northern side or ClJ~herlam:l Roadi thence extendins from said beginn:.ng P0111':. a!ld along the Northt!ast side of North Enola Drive, North 07 degrees C/O m1nutes~, a distance or 26.0 feet to a p1n at property Ro. 8; thence extend~ng along sa~e North 83 degrees CO minutes East, a dlst~nce of 11~.O feet to ~ p!n; thence So~th O~ degrees 00 m1n~tes East, a ~istance or 25.:=. feet to 3 ::Iet61 fence pc.st. a~ a corner of property No.2 aforeme-ntionedj ~he:'.:t extenc:"lg along same and p3s:~1r.g througli a dwelling divisior. wall the t....c. fell owing :;C!';I"S~$ and distafic~s: l!.l South 82 degrees 25- .'llbu':,'s Wesl, a ~:3tanCe c:~ ",9.30 !'eet to a v;.l.:'lt; and (2) South 83 degrees CO mlrutes West, a C::'3T.anCe cf 55.7 :"eet ~o ,the :'1.!'s,,; Cle:nt1oned nall 1n the walk and_ olace of SEG::tl!!:8. ?E~!;::i Kn:::wn ;;'.;"..1 rum::lel"ed as l+ Nortn Enela Drive. ~~?I;;j TAS S;'~!i! ptel'l:l.se-s '''h1ch L"fste:" S. '(cst and Dura t. 'lost, his wlfe, by 'de,~d ca.t...:o ~ar'eh6' I 1979 aM re.:::orded l-larch 1':', 1979 in :1'1.: Office at' t.h.: Ri:corder <);~ I eejs 1n arid for :Ulaberland Count;,' In Deed BooK. 1-28, page 135. ~r~nte-c! 2nd conveye::l unt.o ~i:!.l:i.1a:n D. Hotrr.\an and Bonn1e Jean Hortman. hi~ ....: fe, Or~\:;tol's hel'ein. . " --'~ ~ H'. - ~'. , .",. MoNEY' StoRr P 931 11b bS8 July 14,2000 NFCL65243032 Fay L. Malsccd 4 N Enola Dr Enola. P A 17025 ACT 91 N:OTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official :notice that the mort~age on vour home is in defauJt~ and the lender intends to foreclose. SDecific information about the nature oftbe default is Drovided in the afi8~hed Da",es. The Homeowners'Emel1!encv Mort",a",c Assistance Pro",ram rHEMAP) mav be ahle to helD to save vour home. This notice exolains how the -Dr02ram works. To see if HEMAP can belo you. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this.Noticewithvou when vou meet with thecounselin", a",encv. The name~ address.-and ohone'number of Consumer Credit Counselin2 Al!eneies servioS! vour countv are listed at the end of this Notice. Ihou have anv auestions. vou mav call the Pennsvlvania Housin'" Finance A",encv toll free at 14100-342-2397 (Dersons with imDaired hearin", can call 717-780-1869). This nQtice contains important legal infor~ation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help yon find a lawyer. La Notifieaian en adiunto es de '5uma imDOrtancia~ DUes sreeta ,su derecho a continuar viviendo en su casa. Si no comorende el contenido de esta ,Dotificion obtem!a una traduccion immediatainente lIamando esta a2encia IPennsvlvania Housinll Finance A2encv) sin canzos'sl'numero mencionado arriba., 'Puedes ser ele!dbJe -nara un Drestamo Dor el Drm!rama lIamado "Homeowners' E-mernencv 'Mort~a!le Assistance Pro~ram"'al cual Duede salvar su casa de la oerdida del derecho '3 redimir su hiDoteca. HOMEOWNER'S NAME(S) : PROPERTY ADDRESS: Fay L. Malseed 4 N Enola Or Enols, P A 17025 65243032 TMS Mortgage Inc. LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVICER The Money Store P. o. Box 96053. Charlone. NC 28296-0053 Phone: 1-800-795-5125 EXI. 10302 h.:,...~;r1r.BIT A l;;'b ;;"1 IJU -, -, "":,1, "'",,,,>',i1, '- i. . ",' ~,,~ ~ , -age two NFCL65243032 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM .OU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECWSURE !!\ND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. =F YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE '\CT OF 1983 (THE" ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING I'INANCE AGENCY. TEMPORARY STAY OF FORECWSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for THIRTY (30) days fmm the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting 'With one of the designated consumer counseling agencies listed at the end of this Nntice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 130\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU :MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR :MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. -CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-te-face meeting with one of the consUmer credit ..:ounseling agencies listed at the end of this Notice, the lender may NOT take further action against you for THIRTY (30) days after -the date ()f this meeting. The names. addresses and teleohone numbers of desie:nated consumer counselimz aeencies for the county in which vour DroDertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). ffyou have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance fund. In order to do this, you must fill out, and sign and file a completed Homeowners' Emergency Assistance Application with one of the designattd consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGEN('Y ACTION- Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has SIXTY (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you ir you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply rnr Emergency Mortgage Assistance) """",-"'1'1""1< '- , ~ =>age three NFCL65243032 ::JOW TO CURE YOUR MORTGAGE DEFAULT (Brinl! it un to date) "'ATURE OF THE DEFAULT The MORTGAGE debt held by the above leuderoo your property located at4 N Enola Dr Enola, C>A 17025 IS SERIOUSLY IN DEFAULT because: ,;OU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s) : (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amoont required as of 07/1312000: $752.91 $.00 $119.86 $,00 $872.77 ~OU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): 1I0WTO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, PLUS ANY MORTGAGE PAYMENTS AND LATE ::HARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made ~ither bv cashier's check. certified check. or money order made navable to: Regular Mail: TMS Mortgage Inc. 1'0 Box 96053 ::harlotte, NC 28296-0053 Overnight Mail: FUNB Lockbox 96053 1525 West W. T. Harris Blvd. Charlotte, NC 28262-0053 'You can cure any other default by taking the following action within THIRTY (30) Days of the date of this leller: (Do not use if not applicahle.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) days ofthis letter date. the lender intends to exercise its ril!htto accelerate the mort.a~e debt. This means that the entire outstanding balance of this debt will be ",onsiclered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount ",fdefault is not made within THIRTY (30) days ofthe letter date, TMS Mortgage.lnc" also intends to instruct their attorneys to start 3 legal action to foreclose UOOD your mort28l!ed orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage ;debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you. you 'Will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, :you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added 10 the amount you owe the lender, which may also include their reasonable costs. Ifvou cure the default within the THIRTY (30) IJA Y neriod. vou will not be reauired to oav allornevs' fees. I()THER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due ...nder the Mortgage. :RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) oday period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to ",ne hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, ..easonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as :specified in writing by the lender and by perfonning any other requirements under the mortgage. Curing your default in the :manner set forth in Ihis Notice will restore your mortgage to the same position as if you ha,d never defaulted. r:ARLlEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest dale that such sheriffs sale could be held is -would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date oflhe Sheriff's Sale will be sent to :you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time -exactly what the required payment or action will be by contacting the lender. ,--~ ~ ''Ii! _~l,"'" :~, - > ?age four NFCL65243032 HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL "'lame of Lender: The Money Store -\.ddress: FUNB LOCKBOX 96053 ::ity, State, Zip Charlotte, NC 28262-0053 Telephone Number: 800-795-5125 Ext. 10302 Facsimile Number: 916-617-0655 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will end your ownership of the mortgaged property and ~our right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuitto remove you and your furniture and IOther belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the saie and that the IOther requirements of the mortgage are satisfied. -YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDlNG INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RlGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, ,HE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. ->~ ,.-~ ~".;,_, .i'.o'd't,,,. ~ . L l'He MoNEY SI'oU' P 931 116 657 July 14,2000 NFCL65243032 111"11"111"llljll"I"II~lIllt"""III"III"III""IIIIIII"III""11""" 0065243032NBRC Ray E. Malseed Sr 4 N Enola Dr Enol., P A 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that tbe mOrb!8i!e on your home is in default. and' the lender intends to foreclose. Snecific information ahoutthe natnre of the default is orovided in the attached oa2es. The Romeowners' 'Emer!!'encv Mortgage Assistance ProJ!ram fHEMAPl may be able to helD to save your hDme~ This notice exohdns how the DT02ram works. To See ifHEMAP can help von. von must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the counselin2 a2encv. The name~ address., and ohone number of Consumer Credit Couose-linS! Al!encies servinl! YOUr county are listed at the end or this Nolice. Ifvou ,have anv Queslions.voumav call1he Pennsvlvania Housin2 Finance A2encv toll free at 1-800-342-2397 (nersons with impaired hearin2cancaIl7I7.780.1869l. Tbis notice contains important legal information. If you have any questions, representatives at the Consumer Credit CounseUng Agency may be able to help explain it. You may also want to contacl an attorney in your area. The local bar association may be able to help you .find a lawyer. La Notificaion en adiunto,es de suma imnortanda. DUes areeta so derecho a continuar viviendo en so casa. Si no comDrende el contenido de esta 'Dotificion obten!!a una ,traduccion irnmediatamente ~lIamando esta 8l!encia (Pennsvlvania HousiDe: Finance Al!encvl sin carnos..sl Rumero 'mencionado arriba. Puedes ser elep.:ible oara un ore-stamo Dor el ,Dr02rama lIamado "Homeowners' 'Emenzencv ,Mor,tl!ae:e Assistance Prmlram" al cual ouede salvar su casa de la oerdida del derecho a redimir su hinote-ca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Ray E. Malseed Sr 4 N Enola Dr Enola, PA 17025 65243032 TMS Mortgage Inc. LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVICER The Money Store P. O. Box 96053. Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ex!. 10302 '< 1,.<' 0" {I~ ,~(!&:l,,,,.,,, ,~ ?age two NFCL65243032 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 'YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE .AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ~ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: lF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, lF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING :FINANCE AGENCY. 'TEMPORARY ST A YOF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your lIl10rtgage for THIRTY (30) days from the date of this Notice. During that time you must arrange and attend a ~~face-to-face" meeting "With one of the designated consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 'WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU :MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR :MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. the lender may NOT take further action against you for THIRTY (30) days after the date ofthis meeting. The names. addresses and teleDhone numbers of desienaled consumer counseline aeencies for the counlY in which vour DroDertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting, You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about Ihe nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, and sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within THIRTY (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECWSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited, They will be disbursed hy the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has SIXTY (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency ofits decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy ynu can still apply for Emergeney Mortgage Assistance) i ,'H:.c,,- ,-.'.~ - - ,-, -age three NFCL65243032 -lOW TO CURE YOUR MORTGAGE; DEFAULT !Brin!! it un to date) oIATURE OF THE DEfAULT ne MORTGAGE debt held by the above lender on your property located at 4 N Enola Dr Enola, "A 17025 IS SERIOUSLY IN DEFAULT because: "OU HA. VE NOT MADE MONTHLY MORTGAGE P A. YMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required a.of07/1312000: $752.91 $.00 $119.86 $.00 $872.77 "{au HA VE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING ;rHE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, PLUS ANY MORTGAGE PAYMENTS AND LATE (:HARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made .either bv cashier's eheck~ certified check. or monev order made Davable to: ~egalar Mail: "TMS Mortgage Inc. ]'0 Box 96053 oCharlotte, NC 28296-0053 Overnight Mail: FUNB Lockbox 96053 1525 West W. T. Harris Blvd. Charlotte, NC 28262-0053 -You can cure any other default by taking the following action within THIRTY (30) Days of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender ;intends to exercise its ril!l1t to accelerate the mOrl!!a!!e debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the amount of default is not made within THIRTY (30) days ofthe letter date, TMS Mortgage, Inc., also intends to instruct their attorneys to start a legal action to foreclose UDon your mort23Sled DroDertv. IF THE: MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50,00. However. iflegal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred eVen if they are over $50.00. Any artorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. Ifvon cure the default within the THIRTY (30) DAY Deriod~ YOU will Rot be reauired to nav attorneys' fees. OTHER LENDER REMEDlES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEF AUL TPRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale, You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notiee will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated thaI the earliest date that such sheriff's sale could be held is would be approximately FIVE (5) months from the date of this Notice. A notice ofthe actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. OJ,,^, 1,'''"''''''1'' .~ I ~ " ....;; , i' I,,"i""';:'~:,!:\-'; -age four NFCL65243032 ;OW TO CONTACT THE LENDER BY TELEPHONE OR MAIL ..;rame of Lender: The Money Store "'ddress: FUNB LOCKBOX 96053 ::ity, State, Zip Charlotte, NC 28262-0053 "elephone Number: 800-795-5125 EX!. 10302 "acsimile Number: 916"617-0655 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will end your ownership ofthe mortgaged property and .our right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furniture and ::>ther belongings could be started by the lender at any time. .ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage :Iebl. Provided that all the outstanding payments. charges and attorneys' fees and costs are paid priorlo or at the sale and thai the ether requirements of the mortgage are satisfied. YOU MAY ALSO HA VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT MORE THAN THREE TIMES IN A CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS~ TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. ~ - - " ;~ ~~,I ! , , ! v E R I F I C A 'r I 0 N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to ~he best of his knowledge, information and belief and the sourCe of < his information is public records and reports of Plaintiff's agents." The undersigned understands that this statement here ill is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark! J. Udren, ESQUIRE i MARK, J. UDREN & ASSOCIATES I V _liijjr",",..r, '" 1ilii!~~&Y;S-il#S.lillb"!E@l~~1>l?9ii~,i,,*':,-;';'",;l;,,,,~,~,-,,,,~'&6j:jj;td.~~,.<h\;";4;':'; it~dklllKi'...,j~~" -" ,> ~. '>iI.:lilIiif.~,roIi;;l;i,.wmJli<1ilj~Il!IiI!lI~;oil,~" -~ -~ ~~ 1 (J ~ -ca. ~ ~ ~ .t 8 C> "- ':y 8 . 2J S 8 a C21 0 " ~ -., n_ ~ I TJ -- , f!l, '~:-:J ;' -; '1'1 " ,- ~ ",,::- .''1'1 ij-"; \.::) ~ -'I C? p:: c;:~,.j 'j ~.;:JS?, ~:;) "'-':-',.; ~ :,-:,;,:.":) 5>T,._~ :..J (j:--n ~ 0 ;;;! =< :0 (::J =< \f ~ ,"" ~.,,"~.. ..- I,_~,,",,- l.j; do<\'" ~~" . ~, ' ,~j, -"-''''''. ,,,^,- M~~ , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA VS MALSEED RAY E SR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT 1 to wit: MALSEED RAY E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 1st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 35.25 .00 72 .25 03/01/2001 MARK J. UDREN -- Sworn and subscribed to before me this {.,!;!:;. day of ~ ~A.D. {/ ~ . A.2pJ; Prothonotary -'~" ..L ~~ - ,I I. iti% SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA VS MALSEED RAY E SR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MALSEED FAY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On March 1st , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Docketing Service Surcharge Costs: 6.00 9.30 10.00 .00 .00 25.30 03/01/2001 MARK J. UDREN So~~? R ~mas Kl ine ... Sheriff of Cumberland County Sworn and subscribed to before me this 5~ day of ~ .Jp,,(J/ A.D. /'~' ( f.'l'- (l 'n..,Odh) if'i Prothondta y -,-..' ~ ~. "',~., ;,,~ ,'""',,,,',~,, 'limn" In The Court of Common Pleas of Cumberland County, Pennsylvania Norwest Bank Minne~~~a, N.A. et al Ray E.Malseed No. 01 820 Civil Now, February 13 ,20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ _ ~ r _. ~c ~ Sheriff of Cumberland County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ -~" , --"'- ~" ~' ~ ., ",', , ' "l'li\{,o,L: . In The Court of Common Pleas of Cumberland County, Pennsylvania Norwest Bank Minnesota N.A. vs. Fay L. Malseed No. 01 820 Civil Now, February 13 ,20~, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the P~~ ". Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ ,'"~ ,. I ~ ,I 0"" ~" "- ' -' "'"" 'ilk @ffice of tire ~4eriff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistaut Chief Deputy Dauphin Counly Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania NORWEST BANK OF MINNESOTA NATIONAL ASS vs County of Dauphin MALSEED FAY L Sheriff's Return No. 0474-T - -2001 OTHER COUNTY NO. 01-820 AND NOW: February 20, 2001 at 8:26PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon MAL SEED FAY L by personally handing to HER 1 true attested copy (ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1134 HIGHSPIRE ROAD #35 HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ o.,~"~' o~=" f PROTHONOTARY By .25 PD 02/16/2001 146615 TITUS o.~'~~ ~=oo, I ~-~,=,~ ., ,,"', ' ~ ",~ --,,'" -~~ --'."",0- @iiite of tlf1~ ~4~riff Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Ralph G. McAllister Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania NORWEST BANK OF MINNESOTA NATIONAL ASS vs County of Dauphin MALSEED FAY L Sheriff's Return No.0474-T - -2001 OTHER COUNTY NO. 01-820 AND NOW: February 20, 2001 at 8:26PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon MALSEED RAY E by personally handing to FAY L MALSEED, WIFE OF DEFENDANT 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 1134 HIGHSPIRE ROAD #35 HARRISBURG, PA 17111-0000 Sworn and subscribed to So Answers, Jf~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $35.25 PD 02/16/2001 RCPT NO 146615 TITUS ,,~~"'~~ -- ...-. ~~ ,'", -, w~ 'I'-' "(~ . ... MARK J. UPREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. K!NGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Eank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . NO. 01-820 Civil Term Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed Defendant(s) o PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. MARK J. UDREN & ASSOCIATES DATED: March 30, 2001 BY: rk . Udren, Esquire orney for Plaintiff ,~,_.~ =,~' ~".J...' .' . " , ~J'';'' -t V E R I FIe A T ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ 'f1:: Name:~01"""'~\ ~~<;::'_. Title: Company: i~a~~l3ffi!lji;";"i;,i-;'iU1>;,q,l'-',",L'::<ir!;~S"'&.l,"lli,&;l'8i.q1<-i<:"_""}.[."~"~,'-',I""~"..."2"",'-h~,,tj(;""_"I',,,,,,,;.~~lil! 1.........,,, '. ~.B!F~i\i;\1illl1I~iIliItIlililiii~,~ ~ Jll}J)J.lL ,"~~ L - .,w' ,~ ~~ "~-,,, ,,~, ,'- ,,,"'~- ._,.. .r'~ ., ~~ ~" , (':) ~;. ~" -n i'~ ...r-\\" '~'--: /,'-. U~ C }":.." ~{2 :~ ::!. i.-:;:} C,"'. , \"j (~,,) (;:.; '. :L- . T ,- " ::::; '~:{ " '-", ""~""""'n"'''''''' . "-",, '"',, '"", ~ ,~~ -, '.'l;-': MA~ J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 : NO.01-820 civil Term Defendant(s) PRAECIPE FOR ANSWER AND JUDGMENT FOR FAILURE TO ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 2/6/01 to 3/30/01 Late charges per Complaint From 2/15/00 to 3/30/01 Escrow payment per Complaint From N/A to N/A $24,313.48 334.96 10.00 0.00 TOTAL $24.658.44 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy 0 which is attached he eto. DAMAGES ARE HEREBY 4-tit-o/ ASSESSED I/o ~ DATE: '*!iI~mIiiiliSclt/;-;'i~"'~!"h!1':,~N-"\4""~~~:t.,,iJ1L"3~,.'!it:lil;"~",-1~_ii\~,~';~+"f"H"_~j,:~i",tliiii<ll~,,,,,,,,~,,,,~'~~M\!:iiil~_.'L ~~~GJ:L >,,'; "',,, J" I)lJ~!JI:--,= ". '"~, n.._ '.-~_'" -<' -'_','__~"",".-~~7"'",,," Lo.__ 0'._",_,.",,,,.. _,U', ",,".- ~~ o ~ "ol.'i' l"Dr'" z:~__ 2:r:"- ~i~~ ~(::: ~-( - ~~s: :< -""'j C.'i ~~~~, " "':':,) cT" 0,; ~ -> 'j"j -< .J-,:'. " ,",,,_,lw w ~ . -~ , I ~ ,,,ri.!>);- < HARK J. UDREN.& ASSOCIATES BY: Mark J. Odren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SOITE 500 CHERRY HILL, NJ08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) NO. 01-820 Civil Term DATED: TO: March 15, 2001 RayE. Malseed, Sr. 1134 Highspire Road, #35 Harrisburg, PA 17111 IMPORTAlIIT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR. OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association . 2 Liberty Avenue Carlisle, PA. 17013-3387 717-249-3166 or 800-990-9108 NOTIFICACION IMPORTAlIITE US TED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADOLA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER US'I'ED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR"SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTRbs DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFlCACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME PORTELEFONO A LA~ OFICINA, CqyA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. . SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSOAlllT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AlII ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE OSED FOR THAT PURPOSE. i',"Ac'..,...~.I~"",," . ,~" _ >-~ ,~ 1,...Ji , , < , .:(lIIii&_iW",,"" , MARX J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTYI.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest B~nk Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 19Q8, Series 1998-1 . One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COUR'T OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola,PA 17025 Defendant(s) NO. 01-820 civil Term DATED: TO: March 15, 2001 Fay L. Malseed 1134 Highspire Road, #35 Harrisburg, PA 17111 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST . YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS . YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue . . Carlisle, PA 17013-3387 717-24Q-3166.or BOO-QQO-910B NOTIFICACION IMPORTANTE US TED SE ENCUENTRA EN ESTADODE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO ToMAR LA ACCION DEBIDA -DENTRO DE UN TERMINO DE DIEZ (10) DIASDE ESTANOTIFICACION, EL.TRIBUNAL. PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBAALGUNA, DICTAR'SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NOTIENE DlNERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-33B7 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US.ED FOR THAT PURPOSE. ,~" ~~"", ,~M.' " ~~ , ',", . "'-~~~ ~'~, ','~ ,-) -. . MARK J. UDREN & ASSOCIATES BY: Mark J. Odren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SOITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF SS COUNTY OF THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors civil Relief.Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Ray E. Malseed, Sr. Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Fay L. Malseed Over 18 As captioned Unknown :~~.~ Sworn to and subAcribed before~this ~<rday of ,20 . ~, ~~oJ) tary p. l~c .. Title: Company: ---',). ." ~ ~~ OIl'iS-li ,"~ MARX J. UDREN &: ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 : NO. 01-820 Civil Tterm Defendant(s) TO: RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 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. Prothonotary -X- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-482-6900 " 0" _" ~""tA;oO;;~"-" ~';~'~;'"-"""',;, " ~3.<_ > MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 : NO. 01-820 civil Term Defendant('s) TO: FAY L.'MALSEED 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 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. . Prothonotary -X- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren. Esquire At this telephone number: 856-482-6900 .H~_~il!ij~.;:;OM;;bj:!lli!j-.ilW&.w..M.ii!~M:d~@(~~>1~lWrl:~LO;.~~.~~......--.........~.>l<~.--'ltl~itl'tr .~ ~ I~ rt' ~ "* ('"........ " " \J\ ~ "~"="O ",<, ~ ~J, ", ,~, N~' ,~ -' " -j;"J'~Jiiii~~iN~b. .-- ~ G~ - '" ..p- -... ~ ...... ~ -f::'-- t-> ~ "-..l ~ ,~ "~4 "' 0 1::J> c: -'..... l) ~'::'>Io " '::7 fll '. :,~U Z 7~ c CI] ~,._, c.; ~ -n / ... Y (~ r'J "'---..' .~ '^' ~':~ =< ~:i:J -< ~ l' r ~ ~ ~ i ~ -'41 .. . , '" . ;.;",""",-,,~'1 ~~ ..,~,,~o.~ "'~,~ ""." " . ""ilif'rh"j;;::- .. ~ '. MAiK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 : NO. 01-820 civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: 4 North Enola Drive Enola, PA 17025 Amount due $24.658.44 J Interest From March 31. 2001 to Date of Sale September 5. 2001 Per diem @$6.32 1.004.88 (Costs to be added) $ MARK Mark ATTO ~'. 1M "-""~~-.^. r ", ALL THAT CERTAIN TRACT OF L."-"fD WITH THE IMPROVEMENTS THEREON 'EREC;TED, SITUATE ON TIlE NORTHEAST SIDE OF NORTH ENOLA DR1VE, EAST PENNSBORO . TOWNSHIP, CUMBERLAND COUNTY, BY D,P, RAFFENSPERGER ASSOCIATES, ENGINEERS A"fD SliRVEYOR3, DATED FEBRUAR Y 14, 1979 AND BEARING DRAWNO NO, 268,72, AS FOLLOWS, TO WIT; ; i I I \ BEGfNNING AT ^ NAIL IN THE WALK ON THE NORTHEAST SIDE OF NORTH ENOL.~ DPJVE, AT A CORJ\ER OF PROPERTY NO. 2, SAID NAILBElNG 29.0FBET FROM THE ,;ORmWESTERLY EXTREMITY OF THE ARC OR CURVE CONNECTrNG THE EASTERLY 5mB OF NORTH ENOLA DRIVE WITH THE NORTHERN SIDE OF CUMBERLAND ROAD; THENCE EXTEJ',1JING FORM SAID BEGrNNrNG POINT AND ALONG THE NORTHEAST SmE OF NORTH ENOL" DRIVE. NORm 07 DEGREES 00 MINUTES EAST, A DISTANCE OF 26.0 FEET TO A PIN .\1 PROPERTY NO, 8; THENCE EXTE!\DING ALONG SAME NORTH 83 DEGREES 00 MiNUTES EAST, A OISTAJ'JCE Of 115.0 FEET TO A PIN; THENCE SOUTH 07 DEGREES 00 MINUTES EAST. A OIST.'.NCE OF 25.5 FEET TO A METAL FENCE POST AT A CORNER OF PRO?ERTY 1'0,.2 AFOREMENTIONED; THE>lCE EXTENDING ALONG SAME AND PASSr.-iG THROUGH A DWELLfNG DIVISION WALL THE TWO FOLLOWING COU1l.SES AND DIST.A,.;'1CES; (ij SOUTII 82 DEGREES 25 MINUTES WEST, A DISTANCE OF 491)0 FEET 1'0 A POfNT; ANt> (2) SOUTH 83 DEGREES 00 MINUTES WEST, A DISTANCE OF 65.7 FEET TO 'TIlE FIRST MENTIONED ""AIL f": THE WALK AND PLACE OF BEGINNING. j, .' , .--- BEING KNOWN AS 4 NORTH ENOLA DRIVE, ENOLA, PA 17025 09-14-0832-336 PROPERTY IO# TITLE TO SAID PREMISES IS VESTED IN RAY E. MALSEED,SR. AND FAY L. MALSEED, HIS WIFE BY DEED FROM WILLIAM D. HOFFMAN AND BONNIE JEAN HOFFMAN, HIS WIFE DATED 11/22/1983 AND RECORDED 11/23/1983 IN DEED BOOK DO PAGE 1050 _~~-~~~~'Iii!.M,,,.,,,,-i!.;i'JI.\~i~'i!~jfID~l> ;,~"r,.!M(,\&il~",,;;;;:,lffiIl!lIl~~l.IIfi. '''''-Ji!llOiil.JI;f1!:!i'1cru:l (-~ ,. - ~ d' U$L'l-.~, _~ ___~,~_.' ~,"~ ,w,~>~'c"~k,,,,,,,,,,_c ~, , '-, ~ ~ '~ ~ ~.~~ ~ ~, ~ I .. . p0 ~ .--.. ('-..' ~ ~k ~~ '\3' Q g~ C) c; jC f:~tL ,,~ ~~~. --< ~ 'q ';i, C0J C', ::':::;,. C', i.r/ r-, :,,-:' -jj n rr"r ."1) r.,? ~) 10 , .~ -- ~ . - "l ,,, - , -," '~'fg'!fr:i' MABK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old country Road, Suite 429 Carle Place, NY 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) C E R T I F I CAT E : NO. 01-820 Civil Term Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant x Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mark ATTO ~~~I\(;!~!k~",,,,d, ..", "iJ.4'~..fu";,'il!~b~~t.""!-,**'ii,\'Ai",-<-<_",,"'b;'.,M,,.;w,,,,~_,h'i'~r~bc",!!L;";I>U~'1)iji::_i:l ~'~~'-1lm~ "llltl;H;!!!li~~..L~",d~~J~l1iiiiYllli:_~~~;;I<'>li~ -;... ", -' w_" . ,,,,,,,,,",=<,, ,~",", 0 C'";. C -c::: i] IT~ m iT-; ,"" ',:] 2..': :.::c: 2: C ~2: C-1- r:::: C:: ---:'J ,,: r'. ?;~ c. Ct )> c: h,) ;2:; :..,) -2 I -.) _ ,~ ,,,", _1"" n "",~",- ,~,,'~_ <, ~, ~.'-, ~- ,,~, -,"~, ,~,., ", - ,~,'~" , ~: '. , \"~"- -~~..~-- ............ .-' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 080~4 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. ,. , l"~ . ,~,. "\" '0 ."'-i:!Il1jdlt'~ili!iI.l\'1P; ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 : NO.01-820 Civil Term Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 North Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address RAY E. MALSEED, SR. FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE _-Im~"_'~ ~ ,,-, >--,-, 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE 107, MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 4 North Enola Drive, Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MAR DATED: March 30, 2001 Mar Atto ey ,~'"'-'- ,. " ~, ',"" , ISik:;L~'"," .t. MARK J. UDREN & ASSOCIATES BY; Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 : NO. 01-820 Civil Term Defendant(s} NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, # 35 HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 Your house (real estate) at 4 North Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $24,658.44 obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THHl SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immadiata action: ~. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900 2. You may be able to stop the sale by filing a petition asking the Court to .strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) - ,,,,"_1I1,~~~=I~', , ~h, '" " . -'-. '",,,,"'0' Jg~'8,' , . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (~O) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKi THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 7~7-249-3~66 or 800-990-9~08 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA ~70~3-3387 717-249-3166 or 800-990-9~08 ""~ --~ .. l,,~ J>!j~~lfd;l~'" . ' f Norwest Bank Minnesota, National Assn. As Trustee Under the Pooling & Servicing Agreement Dated as of 8111/98, Series 1998-1 VS Ray E. Malseed, Sr. and Fay 1. Malseed 4 North Enola Drive Enola, P A 17025 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2001-820 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Ray E. Malseed, Sr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description according to law. Dauphin County Return: And Now: May 30, 2001 at 7:28 P.M. served the within Real Estate Writ, Notice & Description upon Ray E. Malseed Sr. by personally handing to him one true attested copy of the original Real Estate Writ, Notice & Description and making known to him the contents thereof at 1134 Highspire Rd., #26, Harrisburg, P A 17111. So Answers: lR. Lotwick, Sheriff of Dauphin County. By Thomas Way, Deputy Sheriff. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Fay 1. Malseed, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County to served the within Real Estate Writ, Notice and Description according to law. Dauphin County Return: And Now: May 30, 2001 at 7:28 P.M. served the within Real Estate Writ, Notice & Description upon Fay 1. Malseed by personally handing to Ray Malseed, husband, one true attested copy of the original Real Estate Writ, Notice & Descritpion and making known to him the contents thereof at 1134 Highspire Rd. #26, Harrisburg, PA 17111. So Answers: lR. Lotwick, Sheriff of Dauphin County. By Thomas Way, Deputy Sheriff. David McKinney, Deputy Sheriff, who being duly sworn according to law, says on July 2,2001 at 5:55 o'clock P.M. EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Ray E. Malseed, Sr. and Fay 1. Malseed located at 4 North Enola Dr., Enola, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail to one of the within named defendants, to wit: Ray E. Malseed, Sr., at his last known address of 1134 Highspire Road, #26, Harrisburg, P A 17111. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail to one of the within named defendants, to wit: Fay 1. Malseed, at her last known address of 1134 Highspire Road, #26, Harrisburg, P A 17111. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff s Office. ,"w,jiol:K_',....~"". YI , . . ,," , L'_" .- ~'" itli;lft...'!F_'~ R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $32,300.00 to Attorney Larry Roadcap (for Attorney Terrence McCabe) for Household Finance Consumer Discount Company. It being highest bid and best price received for the same, Household Finance Consumer Discount Company of961 Weigel Drive, P.O. Box 8604, Elmhurst, Illinois 60126, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $34,315.40. Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising 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 Sworn and subscribed to before me 30.00 646.00 15.00 15.00 30.00 10.00 .50 1.00 9.75 .97 15.00 30.00 9.00 31.50 316.55 300.30 25.66 25.00 26.50 $1,537.73 paid by attorney 10-05-0 I So~~e~ ~ r~:n .,;.-< ..r--fir- >c.(1 . R. Thomas Kline, Sheriff 1bis 3/A..l-dayof (O,r.1.... 2001, A.D. Sh,.. (} fu. lft" J ~ Pro n tary BY~~ Real Esta e Deputy cvJu~ 36 .tJV I{'J 0 I. CR.31{31a / e..-. /l'i3P .', ,- ~- -'5'" . WRIT OF E:XE~IJTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-820 CIVIL 19 CIVIL ACTION - LAW TO THE SHERlFFpF CUMBERLAND COUNTY: To safl$fy,the debt, interest and costs due Norwest Bank Minnesota, National Assn., as Trustee Ur;~~:r;.the Pooling & Servicing Agreement dated as of 8/11/98, Series 199~cfjNT1FF(S) from. Rav :E. Malseed, Sr. and Fay L. Malseed, 4 N. Enola Dr., Enola PA 17025. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 4 N. Enola Dr., Enola PA 17025. (See attached legal description.) (2) You are also directed to attach the property ot the detendant(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 from paying any debt to or for the account of fhedefemdant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subject to attachment is found in thEipossession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmoLlnt Due $24~658.44 L.L $.50 $1.00 Interest 3/31/01 - 9/5/01 $1,004.88 Due Prothy Other Costs Atty's Comfn Atty Paid Plaintiff Paid "/0 $169.55 D\:l1\F.i . APBll i6, 2001 CURTIS R. LONG by: ~4-< 'iT!::; / I Deputy REQUESTING PARTY: Name Mark J. Udren, Esq. Address: 1040 N Kings Highway, Ste 500 Cherry Hill NJ 08034 Attorney for: Plaintiff Telephone: (856) 482-6900 Supreme Court ID No. 04302 ~.~~,;j"""'Wi""U!.!~~~i1i!J!!IM~"'t,,H'-;\-"M"i-i!,;,,~,&~~,,;.&~';I!;JWtl'~< - "~r <'~' 'Ii! - IllIl.liI'~'''''' _"""~ --~ ....'MIil~ .- . . , REAL EST ATE SALE i~o. Lj , ')., " ~ ~ (ji) (JO 11 a.zf d I :1 DO I the sheriff levied upon the defendants interest in the real property situated in co.-d. ~76LUJ1...11up Cumberland County, Pa., known and numbered as: t.J fJ{[}fh tho-{a.. D-A. trJa&. and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 'ate: fiLd d, ,}DO/ By: ~ -d~ VIN'tA1AS!iN3d :111;:, i.;\:\~;, I O. ~Id DE Z EZ lfdV m~ih41 ~m~'(j3j~~~1i . - ,., I~ ~'"_ . ',~,;I~"'" _u , . ' ~,-~ "'L SCHEDULE OF DISTRIBUTION SALE NO. 04 Writ No. 2001-820 Civil Term Norwest Bank Minnesota, National Association, As Trustee Under the Pooling & Servicing Agreement dated as of 8/11/98, Series 1998-1 VS Ray E. Malseed, Sr. and Fay L. Malseed Date of Sale: Buyer: Bid Price: September 05, 2001 Household Finance Consumer Discount Company $32,300.00 Real Debt Interest Attorney writ costs $24,658.44 1,004.88 169.55 Total $25,832.87 Distribution Amount Collected Legal Search Local Transfer Tax State Transfer Tax Sheriff s Costs Credit Writ No. 2001-820 Civil Term Credit Docket No. 2001-1559 Civil Term (East Pennsboro Township Municipal Lein) Credit Docket No. 2001-4817 Civil Term (East Pennsboro Township Municipal Lein) Cumberland County Tax Claim Bureau Household Realty Corporation ;;~s~~~~~ R. Thomas Kline, Sheriff $34,315.40 200.00 584.70 584.70 1,537.73 25,832.87 281.31 19328 786.79 4,314.02 ", ,~ '" - :i!(IlMo;,' Filed October 5, 2001 ," .'" ~t ~~"" ,jo' < . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBmCT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.4 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which William D. Hoffman and Bonnie Jean Hoffman, his wife, by deed dated November 22, 1983 recorded November 22, 1983 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "L," Volume 30, Page 1050 granted and conveyed to Ray E. Malseed, Sr., and Fay L. Malseed, his wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of North Enola drive. 6. Mortgage in the amount of $68,305.31 given by Ray E. Malseed, Sr. and Fay L. Malseed to Household Finance Consumer Discount Company dated December 17, 1997 recorded December 17, 1997 in Mortgage Book 1422, Page 867. 7. Mortgage in the amount of $19,155.00 given by Ray E. Malseed, Sr. and Fay L. Malseed to American Home Improvement Products, Inc. dated July 27,1998 recorded October 27,1998 in Mortgage Book 1492, Page 164. Assigned to Norwest Bank " "..> -~ """""""-i:1 ;j 'I !, " 'I il i' II , Minnesota by instrument recorded in Miscellaneous Record Book 592, Page 1067. Complaint in Mortgage Foreclosure filed by Norwest Bank Minnesota as Plaintiff against Ray E, Malseed, Sr. and Fay L. Malseed as Defendants in the Office ofthe Prothonotary of Cumberland County to file number 2001-820. Default judgment in the amount of $24,658.44 entered April 16, 2001. 8. Mortgage in the amount of $10,000.00 given by Ray E. Malseed, Sr. and Fay L. Malseed to Household Realty Corporation dated December 7, 1998 recorded December 9, 1998 in Mortgage Book 1504. Page 528. 9. Mortgage in the amount of $92,597.74 given by Ray E. Malseed, Sr. and Fay L. Malseed to Household Finance Consumer Discount Company dated November 17, 1999 recorded November 19, 1999 in Mortgage Book 1583, Page 187. 10. Municipal lien filed by East Pennsboro Township as Plaintiff against Ray E. Malseed, Sr. and Fay L. Malseed as Defendants on March 19,2001 in the Office ofthe Prothonotary of Cumberland County to file number 2001-1559 in the amount of $281.31. 11. Municipal lien filed by East Pennsboro Township as Plaintiff against Ray E. Malseed, Sr. and Fay L. Malseed as Defendants on August 15, 2001 in the Office of the Prothonotary of Cumberland County to file number 2001-4817 in the amount of $193.28. 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Real estate taxes accruing on and after January 1,2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding Honse Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be vali until countersigned by an authorized signat Jloi ~ ~~ . ,'J .'. REAL ESTATE SALE NO. 4 Writ No. 2001-820 Civil Norwest Bank: Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31. 1998. Series 1998-1 vs. Ray E. Malseed. Sr. and Fay L. Malseed Atty.: Mark J. Udren ALL THAT CERTAIN tract of land with improvements thereon erected, situate on the northeast side of North Enola Drive. East Pennsboro Township, Cumberland County. by D.P. Raffensperger Associates. En- gineers and Surveyors. dated Feb- , ruary 14. 1979 and bearing Draw- ing No. 268-72. as follows. to wit: BEGINNING at a nail in the walk of the northeast side of North Enola Drive. at a corner of Property No. I 2. said nail being 29.0 feet from the northwesterly extremity of the arc or curve connecting the easterly side of North Enola Drive with the north- ern side of Cumberland Road; thence extending from said beginning point and along the northeast side of North Enola Drive, North 07 degrees 00 minutes East. a distance of 26.0 feet to pin at Property No.8; thence extending along same North 83 de- grees 00 minutes East. a distance of 115.0 feet to a pin; thence South 07 degrees 00 minutes East. a dis- tance of 25.5 feet to a metal fence post at a corner of Property No. 2 aforementioned; thence extending along same and passing through a dwelling diVision wall the two fol- lowing courses and distances: (I) South 82 degrees 25 minutes West. a distance of 49/30 feet to a point; and (2) South 83 degrees 00 min- utes West, a distance of 65.7 feet to the frrst mentioned nail in the walk and place of BEGINNING. BEING KNOWN AS 4 North Enola Drive. Enola. PA 17025. PROPERTY ID #09-14-0832- 336. TITLE TO SAID PREMISES IS VESTED IN Ray E. Malseed. Sr. and Fay L. Malseed, his wife by deed from William D. Hoffman and Bon- nie Jean Hoffman. his wife dated 11/22/1983 and recorded 11/23/ 1983 in Deed Book LSO Page 1050. "'-'-'" ~~"~;t" ,,"'" ._~~ J> ,__"," '-I ,'--C,,-" 'Th#-, , .~. .MA.RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County ': MORTGAGE FORECLOSURE Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive E:nola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 : NO. 01-820 Civil Term Norwest Bank Minnesota, National Association, as Trustee Under the pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I{ Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 North Enola Drive, Enola, PA 17025 1. Name and address of owner(s) or reputed Owner(s) : Name Address RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a re90rd lien on the real property to be sold: Name Address NONE ,.",.-"" ~ "~., .. """ I,," - ~'R~ , . ~. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE 107, MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affect.ed by the sale: Name. Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE,PA 17013 Domestic Relations SectioR 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 , Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 4 North Enola Drive, Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN & ASSOCIATES Mar .1. Atto ey DATED: March 30, 2001 ['">MO",' ~~- ....-.-. , -I "." "l , ~ J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY r.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE ~v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 170'25 : NO. 01-820 Civil Term Defendantfs) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, # 35 HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 Your nouse (real estate) at 4 North Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $24,658.44 obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MlIY'"1lE'.ABLE TO PREVENT THIS SHERIFF'S SlII.E To prevent this Sheriff' s Sale, you must 'take immediate action: ~. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (B561 482-6QOO 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. mortgagee the back payment, late To find out how much you must pay, 3. YOU may also be able to stop the sale througli other legal proceedings. you may need an attorney to assert 'your rights. more chance you will have of stopping the sale. to obtain an attorney.) The sooner you contact one, the (See notice on page two on how .""~- ~. "..' -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 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3: The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money'will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (~O) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. . YOU SHOULD TAKE THIS PAPER TO'YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 7~7-249-3~66 or 800-990-9~08 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 7~7-249-3166 or 800-990-9108 c-, '"' -J ->" . .~ ,- ~ ALL THAT CERTAIN TRACT OF LA..'l'D WITH THE IMPROVEMENTS THEREON ERE<;TED, SITUATE ON THE NORTHEAST SlOE OF NORTH ENOLA DRIVE, EAST PENNSBORO . TOWNSHIP. CUMBERLAND COUNTY, BY D,P. RAFFENSPERGER ASSOCIATES, ENGINEERS A'ID SURVEYORS, DATED FEBRUARY 14, 1979 AND BEARlNG DRAWr.-lG 1\0.268..72, AS FOLLOWS. TO.WlT: i 'I I I BEGiNNING AT A NAIL IN THE WALK ON TI18 NORTHEAST SiDE OF NOR.TI{ ENOL.~ DPJVE, AT A CORl'ER OF PROPERTY 1'0. 2, SAID NAIL .BEING 29.0 FEET FROM THE },ORTHWESTERLY EXTREMITY OF THE ARC OR CURVE CONNECTING THE EASTERLY SIDE OF NORTH ENOLA DRIVE WITH THE NORTHERN SIDE OF CUMBERLAND ROAD; n,ENCE EXTEl>'DING FOR.\1 SAID BEGfNNINO POINT AND ALONG THE NORTHEAST SIDE OF NORTH ENOLA DRIVE. NORTH 07 DEGREES 00 MINUTES EAST, A DISTANCE OF 26.0 . !'EET TO A PIN ,\ T PROPEP.:rv NO, &; THENCE EXIEl\DING ALONG SAME NORTH &3 DEGREES 00 MINUTES EAST, A DIST ANeE OF II ;.0 FEET TO A PIN; THENCE SOUTH 07 DEGREES 00 MINUTES EAST, A DISTANCE OF 25.; FEET TO A METAL FENCE POST AT A CORNER OF PROPERTY 1\0,.2 AFOREMENTIOlll'ED; THE>lCE EXTENDING ALONG SAME AND PASSPIG THROUGH A DWELLING DIVISION WALL THE TWO FOLLOWING COURSES AND DrST......'iCES: (1) SOUTH 82 DEGREES 25 MINUTES WEST. A DISTANCE OF 49130 FEET 1'0 A POINT; ANI) (2) SOUTH 83 DEGREES 00 MINUTES WEST, A DISTANCE OF 6;.7 FEET TO THE FIRST MENTIONED "AIL IN THE WALK AND PLACE OF BEGINNING, , BEING KNOWN AS PROPERTY ID# 4 NORTH ENOLA DRIVE, ENOLA, PA 17025 09..14-0832..336 , ,,~' .. ~-[i~t,,~ TITLE TO SAID PREMISES IS VESTED IN RAY E. MALSEED,SR. AND FAY L. MALSEED, HIS WIFE BY DEED FROM WILLIAM D. HOFFMAN AND BONNIE JEAN HOFFMAN, HIS WIFE DATED 11/22/1983 AND RECORDED 11/23/1983 IN DEED BOOK L30 PAGE 1050 REAL ESTATE SALE No.4 Writ No. 2001-820 Civil Term Norwest Bank, Minnesota, National Association, as ; Trustee Under the Pooltng and Servicing Agreement dated as of . August 31, 1998, Series 1995.1 i vs I ' Ray l:. Malseed', Sr. Fay L. Malseed Atty: Mark J, Udren DESCRIPTION ALL THAT Cf:RTAJN (met nf l..md with the I inlprovcmcnts lhl'r('on t'rcCh:d. ~ilU:ill' on thL' ";\;0l1he-3~( ~id~ 01 North Enola Driv....., [.hi . Pcnn~boro Tl)\\'n~hip, C'umhcrJand CQunty, by D. I p~ : ,R.:rtfl,.'l1~pc1"7('r AS~0t'ialcs, El1gin~er:, <lnd I Silr\;...yor,~"d.u('u rl:bruw)' 1.1. 1979 and bcarin'~ I {lr,~1,\--ing:J\().2bli-n>:t'ifullo\.\'s.towit: '" BEGlN~ING at a nall in thl.' wulk ()1l the , ounhast ~hj,:o of North Enol<l Drr~l;', at ,l I..:'-JnK'r ~I tit PWpt;l1y No, ;2, "ud om] bemg 290 kd from ! I1i... .nudhwc,lerly e-xtrclluty of in..:: <JR: or. :cone '9.QfJlJcrung tb~ ~t~J}' :-;ide. Qt Noon Enola.Drive :::::~~l~~'" ~,~~.~,m::",sij:l,c"::,,jf,,:,t:'~~)t:trhnd',: ',Ro'ad; ,:)n,~,~,~ ,~~(cndin~ tfu~',,~ld)~.gjiml~g' P6:ilj't,a/id Jl'Ol1g tht: -nonh('.a.<.t~~lde --ar-North Eoofa' 'Drlv~" north 07 degrees 00 mil1l1c.:~ C"dSt, a di~ance (If , 26'.0 fct.'l to a pin:it property No.8; (hence ~tending alt.mg Same north 83 dei!rec!> 00 , mU1ll1e~ east. a dhtancc of 115.0 fee! tQ a pfn; thence soulh 07 dl'Olrces IX) mrnutes cAst. a di~lam.~, of 25.5 feet to a 'metal fen'ce ,P'OiIt at a 1 comer of property !'o:o,2 :lforemcrltir)ncd; tbencv er~te~ing .a~e;ng y,.<un~ ~md lM,~ing Ihrough a dwdlmg dl\il\lon ",alllhc. Iwo fol1()winl!' (1)lJr~t"", ark! djstJmce~:' i !) somh 1t! Jegrec~ 25~ minlJt,~s v..C~!. .~ di,~!nn~'C of 49130 feet to '! point.. ;mu \ 2\ s-outh !-:3 dl'griX's 00 mrnute~ west, <l UlstUncc of I 6.':''.1 feet to Ih~: first men(ioncd nail in (lIe will/.;. qng, place of BEGINNIN(i. BEING KNOWN i\S: .j. North EnoJa Dri~e, Enola, P.A 17()2S, I PROPERTY ID #: 09-14-0iB2.336 ' , , TITLE to said prcmi~,'s is ve.%xl ,in Ray E. Maf~od. Sr:,. a~d Fay -L. Mal~'ed. hIS- wife. by dt."t.'d from \\.dham D. Hoffman and Bonnie Jean Horrma~,:, hl~ 'wife, {I<ltcd \ 112:!fl.%3 and rel'Oi'ded 11/23f1983 in 'Ikcd 'Book L3(I'P~e t05~ REAL ESTATE SALE NO.4 Writ No. 2001-820 Civil Norwest Bank Minnesota. National Association, as Trustee Under the Pooling and Servicing .Agreement dated as of August 31, 1998, Series 1998-1 v.. Ray E. Malseed. Sr. and Fay L. Malseed Atty.: Mark J. Udren ALL THAT CERTAIN tract of land with improvements thereon erected. situate on the northeast side of North Enola Drive, East Pennsboro , Township, Cumberland County, by D.P. Raffensperger Associates, En- gineers and Surveyors, dated Feb- ruary 14. 1979 and bearing Draw- ing No. 268-72. as. follows, to wit: BEGINNING at a nail in the walk of the northeast side of North Enola Drive, at a comer- of Property' No. 2. said nail being 29.0 feet from the northwesterly extremity of the arc or curve connecting the easterly side of North Enola Drive 'With the north- errl side of Cwnberland Road; thence extending from said beginning point and along the northeast side of North Enola Drive. North 07 degrees 00 lniIlute:;' East. a'-distance of 26.0 feet to pin at Property No.8; thence extending along same North 83 de- grees 00 minutes East, a distance of 115.0 feet to a pin; thence South 07 degrees 00 minutes East. a dis- tance of 25.5 feet to a metal fence post at a comer of Property No. 2 aforementioned; thence extending along same and passing through a dwelling division wall the two fol- lowing courses and distances: (1) South 82 degrees 25 minutes West. a distance of 49/30 feet to a point; and (2) South 83 degrees 00 ~- ~_: utes West. a distance of 65.7 feet I to the f11"st mentioned nail in the walk and place of BEGINNING. BEING KNOWN AS 4 North Enola Drive. Enola. PA 17025. PROPERTY IP #09-14-0832- 33~ITLE TO SAIP PREMISES IS VES'IED IN Ray E. Malseed. Sr. and Fay L. Malseed. his wife by deed from William. D. Hoffman and Bon- nie Jean Hoffman. his 'Wife dated 11/22/1983 and recorded 11/23/ 1983 in Peed Book 1.30 Page 1050. Y>Jo~"< - .~ - "'- , " -~".'; .. -\0 ... .' ... THE' PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e Patriot-News and The 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 24th and 31 st day(s) of July and the 7th day(s) of August 2001. 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 1~~nY and subsequently duly recorded in the office for the Recording of Deeds in and for said County of DauPhif1A~lIaneous Book "M", V;I~:L1I~:~~:~7. ....................................]1.. . ............. ........... . ...... .... COpy Sw 21 day. f sl 01 A.D. Notarlal Seal"'C S ALE #4 Tiny L. Ru...n. Nota P ie Hamsbulll,Dauphln nly ~J MyComnolulonE.. n. , A Y PUBLIC I Memlle, f'enneyt<lnla _laUln It NotalI88 . , , My commissIon expires June 6, 2002 . i I ! .. ~l.;;a:':"?"u' .o,.tII1iW' , . .' . _'Iftl;"'" ~~,~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1HOUSE 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 $ 298.80 1.50 300.30 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 paie!. By.................................................................... ,,,,,,,-j;,,~ - ~ " ,j .1"1" ,'" , --,,'~'-- ~","" "hi',,,;", ' -', + f_ . ~ _ f_~ . 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, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Mfiant 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. r 1c>rYU--- Roge/M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ,: NOTARIAL' LOIS E. SNYDE,\:NlIIc Cellislellalo. CUm County My CoolmIlIlon Expllta MIn:h 5, 2005 ~, ~~,_,I 0 , <, Lo.,~ , ."-,, ',...' '''t''~' . MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1940 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. ,. .',~ ,] ":"'-""'ii-!~ _",,_,_"' -.0,__-,,",;;.,,", ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 : NO.01-820 Civil Term Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4 North Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address RAY E. MALSEED, SR. . FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 1134 HIGHSPIRE ROAD, #35, HARRISBURG; PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY See Caption above. 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE 107, MECHANICSBURG, PA 17055 " h~" ~..' ~ >~ j,.,' ., ," ~^; ,-... '" '~ ,<\;', MARK J. UDREN & ASSOCIATES -BY: Mark J. Udren ATTY I.D. NO. 04302 104D N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 , 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-1 One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION . Cumberland County v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) : NO. 01-820 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant (s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit liB". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: August 2, 2001 ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire Attorney for Plaintiff -... -.. ---, ,~, -~ ' =~, ~"- ~ '~. . " .' " ~. ~ ~~11~ 5. Name and address of every other person who has any record lien on the property: Name Address EkST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE, ENOLA, PA 17025 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 4 North Enola Drive, Enola, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: AUGUST 2, 2001 MARK J. UDREN & ASSOCIATES ~J. Udren, ESQ. Attorney for Plaintiff , ,,~'-~ ~....~ j ~".~~ ~ , " " -, ~~ f"t-iWilii~l" MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, . Series 1998-I One Old Country Road, Suite 429 Carle Pl~e, NY 11514 .. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUmberland County NO. September 5, 2001 v. Ray E. Malseed, Sr. 'Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) DATE: April 27, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): RAY E. MALSEED, SR. & FAY L. MALSEED PROPERTY: 4 North Enola Drive, Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 05, 2001at 10:00 AM, in the COMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. Youmay wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. 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Robert P Ziegler I, _____________________________________________________~________________________Recorderof Deeds in and for said County and State do'hereby certify that the Sherifrs Deed in which ________________ Household Fin C D C --------------------------- .-------------------- ---______________________n_________ is the grantee 5th the same having been sold to said grantee on the _______________________________________________ day of ______________.5e.pt1>1IlP..<!.L______________ A. D." 01 _____, under and by virtue of a wriL_____________ Execution . 16th _______________________ ______ ________ _ ___ _______ ISSued on the ___ ___ __ __ ___ __. ______ ____ __ __ ____ ___ April day of __________________________ A. D., Civil ------------------------------.. ------_ --___ n___ ____ _____ _________ ____________ ___ Tenn, : , 820 . Norwest Bank Minnesota N A tr Pooling & Serv Agree ~~ber-------(jaEecr'~~~h~:~qf~;-~i~-r9~r------------------------------------------- ____________________nm__________ against___~':~_~__J::~ ~~_':.~~_~_r:. _~ _~-'~:_~_____ __ _____________ is 01 . ___n' out of the Court of Cornman Pleas of said County as of 01 duly reeorded in Sherifrs Deed Book No. ______~~~__, Page ____~~..s_:___. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __/1______ day of ______~-----_________ A. D.,;;;,oc:..L_ -~J.3.."~:R~.ds Recorder of Deed.. Cumberland County, Carlisle,PA My Commission E.pir..the first Monday oS Jan. 2002