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Home My WebLink About01-1237 FX <--J. O~ I '~ '=~ - L , , ,,~ < " ~ \,] ,,, '-_,1.'0'"","'_""_ ".;""-__,, ^~ , . uDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C, 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: 1032 Green Spring Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Tawney Lee Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None -~, ,,'- - .. 4: Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Blazer Consumer Discount Company Address to follow Citifinancial, Inc, 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 1032 Green Spring Road Newville, PA 17241 Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 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 falsificat' to authorities. UDREN DATED: August 12, 2004 Mark J. U en, ESQ. Attorney for Plaintiff ~~~Nli!!l\i!lfill!fEi!il!l!im~~~.M(l'@~I~(;'ifo&i!f'&;I!'~in,,;'~"X-4;,a:a.Ef~;i~_.f!.~lilIm:~~~~~j--~ """' ~ ~' Ct\ , ~", ~ ~,"~,~,~" ,~. ~ ~ . ^" ""~'~ ~".', ",., ~ ~_O ~~,' ^~,<,~" ~~, _ ",,~_ ,=_ ,~<,o'., ., ,~ -~--~. ,~, ,) ~;; ~~~ <-. . ; ,,-, r.:::::, C;.,",> .;..- o -1'1 ::-I _1: ~1'~ rl1_; ,- -afn ~:~.J c;; ("" ,i --:::JCJ ;:r~ =r-1 (~:~r~ ?E -< :J.':i.r.> (-' cF5 --.I :!::',~ -~'" -::'~ l~:::-, r'\.J 0"\ ~, ,~J ,'_' i.' OJ , ",--,"- : " ~".! " B':""''';;'''__' ~,', '0 ',~i";i;~ J . ""JtJ(i{\tW04 (J V 2004 o UDREN LAW OFFICES, P.C. BY: GAYL SPIVAK ORLOFF, ESQillRE ATTY I.D. NO. 63265 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-669-5400 The Bank: of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31,1997, Series 1997-C ATTORNEY FOR PLAINTIFF . : COURT OF COMMON PLEAS : CIVIL DMSION : Cumberland County Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh . : NO. 01-1237 Civil Term Defendants CONSENT JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this 22J day of J u ,. ( , 2004 it is hereby agreed by and between, The Bank: of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997 -C (hereinafter "Plaintiff'), by and through its counsel, Gayl Spivak Orloff, Esquire, and Tawney Lee Mutterspaugh and Martha K. Mutterspaugh (hereinafter "Defendants") by and through their counsel, Anthony T. McBeth, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 1032 Greenspring Road, Newville, PA 17241 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due October 15, 2000, and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments, the entire principal balance and all interest due thereon are due forthwith; , WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants in the , , ~1J!ilIiil~~~~".,ilt!iliL<L~,",l~aOMl.~~~dM-ll!lBl&,$YJ'ij~~}~~1~I:ll~d!!W!iij'hO!llOll--"" ~dill,il,. , Jl. tt flLl ~ . C) :'\, ..(, ~ r> t v:;\!Vt\-V\~)i'~~ r.1,~ },1f\{(1(^'(1 :- ;'1, '.~;;:':'I"rV' . .U ,11',,_ ,.' "', ~'_:.:'~1'~'; h.J CO =01 hl~ l]Z Nnr 'JDDZ },UVLCf{Q,jlOlId 3Hl ;;10 jQI:!~'O.mll:1 ['~'i!!iillt.""," . 1lL- .', I , " ,,- ~; ~ ,- '"' ,; J ',",'-- -",,;,';,',;',-'- ''''11 , . sum of$133,894.89 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of sheriff s sale; and for foreclosure and sale of the Property. 2. Defendants hereby release and forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing Defendants' loan and the within foreclosure action. 3. Plaintiff hereby waives any deficiency judgment and/or action it may have against Defendants,Tawney Lee Mutterspaugh and Martha K. Mutterspaugh, personally and/or individually, due to the Discharge of Debtor entered in the U.S. Bankruptcy Court, Middle District of Pennsylvania, Case No. 02-05902, on October 31,2003. Date: lo~5 joy GayfS~~ Attorney for Plaintiff, The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C Date: BY THE COURT: _~~~>lL~~[i;ill.~'~~~~~&.*,.w,l<tiis~~1\l:i1~~--~-';;~~ilIt,l.~ii&illJ '~'I"M'~[~ ~"'~"''''''~~ ,j < 0 ....., 0 = C = 'TI ~ .r:- ~;f=~~ <- :r!, co fl1::D 7 Z r "''-.'. -;/f- . ""Om ~,~) 0'> t56 is :::l...' "". a-Ii :x "70 ---"~;~ (3m -I ::~ a ~ -<. '" '< " ..... UOREN LAW OFFICES. P.C. BY: Mark J. Udren. Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Defendant(s) ~. , . , ~. ~o, , . ~ '; ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-1237 Civil Term PRAECIPE FOR JUDGMENT BASED ON COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against the Defendant(s), Tawney Lee Mutterspaugh and Martha K. Mutterspaugh pursuant to the Court's Order dated June 23, 2004 (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order $133,894.89 TOTAL $133,894.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that r notice is required pursuant to Rule PA.R.C.P. 237 & 237.1. DAMAGES ARE HEREBY ASSESSED AS DATE: IJ.UJ:f' 1. "J t')n'/ UDREN C. Mark J Udren, ESQUIRE Attorney for Plaintiff --~~ , c ~_" ~ '''' ~', .-- Ii~ UQREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1237 civil Term v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Martha K. Mutterspaugh Over 18 As captioned above Unknown Sworn to and subscribed before me this 12th day of August, c~004. Name: Title: Company: Tawney Lee Mutterspaugh Over 18 As captioned above Unknown CARASTEARS HOTAlYPUIUC OF NEW JERSEY ConunI$sIonExplles 4116/'J008 ~_~~~tg..nl'lf~i,i!lj~ii;j-,QI~i2~~~~ij:illiiJ\,,1S;;:!',\l~""'!>\~~~ ^-'" '.;.Aiit<iii.l3. """"""'""'[;111(11:" --1Iffig.Jnli,n~:.lJ r' ~'~'~". ' "1 ~ -p (',:) -4:;). 'l ~ ~ 0 ':/- tl "- D - F -...) <S tv -V "'" LS = 0 rr:. = 'Tl 3 ::g .0:- ".. -, c:: ::r: e.r ~ <:1') fn~ -om ~ _J :!JCJ ,") 1., ':::::-jC --c.... ~~ ~'T: ::p 0-.-1 -:;,J" ;SM '0 ---, ~;::>: ~, ~'Xl o~ ~c l~ IiID - ",~-'" UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WQODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Defendant(s) C'." , ',- "'r" ;' .,. -~."'~~""lio. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1237 Civil Term TO THE SHERIFF: PRAECIPE FOR WRIT OF EXECUTION Issue Writ of Execution in the above matter: Amount due Interest From 6/24/04 to Date of Sale December 8. 2004 Per diem @$28.0S $133.894.89 4.712.40 (Costs to be added) $ UDREN LAW OFFICES, P.C. ~~~~!~~~~&]<M";'i!o."i"HLi'mM~;~I~' ~..,. '"i_,i!iMiltrir'"" '0,"'" '" '~11! ~,,-~, ~i.\ifr.[it~!\rW';';""!Wll"Wi"~~"""'~'--" ieJ C r- ~ S? fi 1. f1[ - --- ...... -...J ('l tI) (,oJ " ...t:: s:-- c.v W C,. ~ 'F>. f-- M~ ~ ~. .-t.Q. C 8 "lQ. :--. ~~ J' -" ~",~.,- ~, ~, ,~~, '- ?v rr,J..J-.o ~ ~ 0 fJ 0 C I ~ .... .... .... .... - ,." ~, c __~ ~~ . t-, 0 o C I ~ w~ .~ ~ ...0 D ~ 0 I ~ ~?ft! V V-f - .... .... .... .... , -~, ,~.. ......, = = .;;,- :;)" o ~Tj --1 :T-: ::0 rn, -nfn :XJC) (~:) el -------{"..) :~=+1 ~2(') c3f11 ""--., ir5 -< (;'5 -.., ::;:,!. :'Jr. '::? l'>} 0") l'lt -- =~~ ~, -- "' 0' 4" WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANTA) COUNTY OF CUMBERLAND) NO 01-1237 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31, 1997, SERIES 1997-C, Plaintiff (s) From TAWNEY LEE MUTTERSPAUGH AND MARTHA K. MUTTERSPAUGH, (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachmentis found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,894.89 L.L. $.50 Interest FROM 6/24/04 TO DATE OF SALE 12/8/04 - PER DIEM @ $28.05 - $4,712.40 Atty's Comm % Due Prothy $1.00 Atty Paid $125.92 Other Costs Plaintiff Paid Date: AUGUST 17, 2004 CURTIS R. LONG (Seal) prothon~ [! "--..Bv: l2,...,. Il.., Deputy ~R~/I\;.r- REQUESTING PARTY: Name MARK J. DUREN, ESQUIRE Address: UDREN LAW OFFICES, P .C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 ~",~ .--' ~~."OO,_ ~ "- , ~ - "'k -","--, , ,,~' ',-,< ~', <-k,";~: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .C. Mark . U ren, E UIRE ATTORNEY FOR PLAINTIFF , ~~Iii!i!i~'1i~;jii"l'i.M;'~!!l!i;rnj_~~~"'-'W"'~",N,;;,U""..<0l-~,"1,~ttMMi!#!'t~L ~ '\ ,~ " ,~'"', -" , ..,~~, "'"'. .,~ _.,~, -'lll'_~ ,.<', ,^~ "", ~-'"- ., .- ~ ." 'Hi: '^'''''''.~",~.- -,', -',^,.-,., ,... '-jllii" .-" ' ~ " '" = ~J ...- := c: G""';;- (,) ~1'1 ~'-I :CT1 nlf-":::; -('}I'n ;Py ::3c; ;;~5:fj ;:-:~ (') /')rn ~-:.... :!;,.: '-'.... :< -, ;;;:::,~ ::1:: 1..0 r'0 cr. .--~- _c ~.-"1Jl -,,-,--" " .. SHERIFF'S RETURN REGULAR CASE NO: 2001-01237 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MUTTERS PAUGH TAWNEY LEE ET AL DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUTTERS PAUGH TAWNEE LEE the DEFEI1PANT , at 0014:39 HOURS, on the 9th day of March , 2001 at 1032 GREEN SPRING ROAD N$WVILLE, PA 17241 MARTHA MUTTERS PAUGH by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Af f iclavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: ~~v;~t:~~ R. Thomas Kline Sworn and Subscribed to before 03/12/2001 MARK J. UDREN By: C\ () I / _. ~o...uYn ~. K.U'JL Deputy Sheriff me this :l.. fr. day of ~ aZIH,/ A.D. Q~,.Q~~ Prothonotary io ~,,~, '. ..,. .,,- ~ d . ,. " ... , , SHERIFF'S RETURN - REGULAR CASE NO: 2001-01237 P COMMONWEALTH OF PENNSYLVANIA: 1 COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MUTTERS PAUGH TAWNEY LEE ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUTTERS PAUGH MARTHA K the DEFENDANT , at 0014:39 HOURS, on the 9th day of March 2001 at 1032 GREEN SPRING RD NEWVILLE, PA 17241 by handing to MARTHA MUTTERS PAUGH a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~H<~I' R. Thomas Kline me this :21 ~ day of 03/12/2001 MARK :~, UDR~""", ~. ~ Deputy Sheriff Sworn and Subscribed to before ~. J.h.<>j A.D. Ck-<--O~~"~~ ' , r thonotary 1- ~ '1= '. ~- . -,', .\--,-' ""~-~.,' - - -.iii jl"'~ ~ "' < '"";'(C THE BANK OF NEW YORK, as Trustee : IN THE COURT OF COMMON PLEAS OF under the Pooling and Servicing Agreement : CUMBERLAND COUNTY, PENNSYL VANIA dated as of August 31,1997, Series 1997-C, : Plaintiff : CIVIL ACTION - LAW v. : NO. 2001-1237 CIVIL TERM TAWNEY LEE MUTTERSP AUGH and MARTHA K. MUTTERSP AUGH, : (IN MORTGAGE FORECLOSURE) Defendants NOTICE TO PLEAD TO: The Bank of New York c/o Mark J. Udren, Esquire 1040 North Kings Highway, #500 Cherry Hill, NJ 08034 You are hereby notified to plead to the New Matter and Counterclaim raised herein within twenty (20) days of service of the attached pleading upon you, or judgment may be entered against you. ~ Esq. Attorney for De ts 407 North Front t. First Floor Harrisburg, PAl 0 I (717) 238-3686 Supreme Court I.D. # 53729 , ~ , , ~ . ~ . '. , ~..~ftln~"~""-=~''- THE BANK OF NEW YORK, as Trustee : IN THE COURT OF COMMON PLEAS OF under the Pooling and Servicing Agreement : CUMBERLAND COUNTY, PENNSYLVANIA dated as of August 31, 1997, Series 1997-C, : Plaintiff v. : CIVIL ACTION - LAW : NO. 2001-1237 CIVIL TERM TAWNEY LEE MUTTERSP AUGH and MARTHA K. MUTTERSP AUGH, : (IN MORTGAGE FORECLOSURE) Defendants DEFENDANTS' ANSWER WITH NEW MATTER 1. Admitted in part and denied in part. Plaintiff is designated on the cover page of the complaint. As to the alleged facts concerning the assignment, Defend<mts, after reasonable investigation, lack information necessary to detennine the truthfulness of that portion of the averment. If material, strict proof thereof is demanded. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Defendants entered into the mortgage agreement. As to the recording information for the mortgage, Defendants, after reasonable investigation, lack information necessary to determine the truthfulness of that averment. If material, strict proof thereof is demanded. 4. Denied on several grounds. First, the averment as stated is a legal conclusion to which no response is required. Secondly, to the extent that a factual response is required, the averment is denied in that, although Defendants missed payments on the mortgage, they and Plaintiff were in a forbearance agreement until roughly May 12, 2002, at which time pIaintiff arbitrarily and improperly breached the forbearance agreement, as set forth in more detail in new matter below. 5. Denied as stated. Defendants in fact were paying on a forbearance agreement, including a L " ,~_ ,J..- " _l '~ "~ . c ,Ii ", ','~ .'.~!, payment made on May I I, 2002, and the forbearance agreement was clearing the arrearage. On or about May 12, 2002, Plaintiff improperly and arbitrarily breached the forbearance agreement, not allowing Defendants to perform under it at this time. 6. Denied. This averment is a conclusion of law to which no response is required. 7. Denied as stated. This averment is a conclusion of law to which no response is required. Further, a portion of the averment appears to be missing and the averment, as stated, is virtuaIly nonsensical. 8. Denied. The Defendants do not recall receiving such notices and, in any event, the exhibits attached to the complaint do not substantiate that such notices were sent; the exlnbits appear to be merely some sort of internal document generated by Plaintiff. WHEREFORE, Defendants request this Honorable Court to dismiss Plaintiffs complaint, tax the costs of this action against Plaintifl: including a reasonable attorney's fee, and provide any other relief this Court deems appropriate. NEW MATTER I. On or about March 28, 2001, Plaintiff and Defendants entered into forbearance agreement with respect to the mortgage that is the subject of this action. A copy of the forbearance agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference. 2. From March 28, 2001 (including a down payment of$I,800.00) through and including May I I, 2002, Defendants substantialIy complied with the terms of the forbearance agreement including, in at least one instance, ma\Ong a double payment. 3. Defendants. at Plaintiff s insistence, sent all payments by wire transfer, and Defendants have 2 """""" " " ", " ~ ,,'k. - '!.',-,-- .~ ~,' """';"'~h all receipts to substantiate the wire transrers. 4. On or about May 10, 2002, an agent of the Plaintifl's (understood by the Defendants to be with a company known as "HomeEq") informed Defendants that Plaintiff would accept no further payments pursuant to the forbearance agreement. 5. Nonetheless, Defendants did effect a wire transrer of the regular payment pursuant to the forbearance agreement on May 11, 2002, and Plaintiffbas retained that payment. 6. Subsequently, on or about May 18, 2002, Defendants received a notice pursuant to Pa.RCiv.P. 237.1 (the notice dated May 15, 2002), indicating that Plaintiffintended to take judgment on the captioned action. 7. Plaintiffbas no grounds to take judgment on the captioned action in that Defendants have substantially complied with all of the terms of the forbearance agreement, and continued to comply with their wire transrer to Plaintiff on May 11, 2002, and Plaintiffbas not returned that wire transfer. 8. To the extent that Plaintiff attempts to justifY continuing this action because of an alleged breach by Derendants of the forbearance agreement, (judging from comments from one ofPlaintilfs many agents, the alleged default in the forbearance agreement is for the April, 2002 payment being late), Plaintiff either bas waived that contention or is estopped from asserting it because, from time to time, Plaintiff accepted payments on the furbearance agreement that were made after the thirtieth day of the applicable month, and have in fact accepted the payment made on May 11,2002 without returning same to the Derendants. 9. Inasmuchas Defendants have substantially complied with the forbearance agreement, Plaintiff, by the terms of the agreement itself, is not permitted to accelerate this action to judgment and is 3 .... -I~ , , , , "\>', acting improperly in attempting to do so; as such, Defendants believe that either an entry of stay or judgment in their favor is appropriate and necessary. WHEREFORE, Defendants request this Honorable Court to enter judgment in their favor and against the Plaintiff, to dismiss the Plaintiff's complaint, to tax the costs of this action against Plaintiff (including a rellSOnable attorney' s fee), or, alternatively, to enter a stay in this action, and to provide any other relief this Court deems appropriate. ~,1-801-- ate Esq. dants 407 North Fro ., First Floor Harrisburg,PA 11101 (717) 238-3686 Supreme Court I.D. # 53729 4 ., ~, ~ -- w~.=J ,-,L..., ~ - ~, -' '-'-'ft' -.'0 "I, ",f''''' "-~, C. Mar-ZI-OI 01 :IBp. From-THE hlONEY STORE +918 T-m P,03/05 H16 DEFAULT FORBEARANCt AGR€EMENT THIS AGREEMENT made as of tho 26 day of Man:h, 2001 by and b"jw" The Money Store ("Lender"), and TAWNEY MUTTERSPAUGH and MARTHA MUTTERS AUGH collectively known as [(Borrower". A Borrower is indebted to Lender pursuant to a c<main note and doo,j of IT The loan number is &1011462 :8, The Borrower has failed and omined to make regular monthly paymems, default, and The Money Store has instituted foreclosure, C. The Borrower has requested thaI Lender emer into this a~eem<1lt to 1101 abeyance. D. The foreclosure instituted by Lender will nOl be canceled umiJ the 101m i AGREEM1lN1': mortgage made and The total amount needed to bring the loan currem through and including 1. the folIowins swn: 6 PllYment(s) due @ $89G.47 1.01* C"-rges Recoy.~bl8 Corporate. Adv.n~4I:l Ourstandlng Foreclosure FQea he loan is nOw in e 03/15/01 payment is $5.378,82 $224.10 ..- 7( y 7 3'1?:z~ 1.2 '7'f''-? $1,849.64 $' ,~oo.oo Tara) $B.94',~ Beginning on 04/30/01, Borrower shall start making forbearance pay mer s. In addition to their 2. "'gularly scheduled monthly paymollts, Borrower shall pay the a1:,ovc atr atS as follows: $1800 down .,..yment due by Ml!lrch 28. 2001 .... $397.2 . "'gu,o< payment due by ,l\J)'II30, 2001 ./ $307.2 . regUla, po>"",,n, due by May 30. 2001 ./ $307.21" regular payment clue by June 30, 2001 Y'r $3.91.2 + reguJa.r pI')'Tflent due by July ~O. 2001 ./' $397.2 + regul" paym.nt du~ by Augu.t 30, 2001 ,/ $397.2 + reguf.ar p"YlTIenl c:luG: by Saptembwr 30, 2001 $397.2.. regular paym6nt ChIC by OctOber 30, 2001 $397.2 ... I'tlgular payment due- by November 30, .zOD1 $397.2 + regull!r peyment due by December 30, 2001 $397.2 + fegular payment cSue by Jenvary 30, 2.002 $397.2. regular payment due by February 28, 2002 $397,2 + '''!Iullr payment duo by Moron 30, 2002 $397,2 + l'I9ul.. payment dut by April 30. 2002 $397,2 + regUlor payment due by May 30. .002 $397.2 + !'*gUll' payment due by June 30, 2002 $397.2 + (&0,,1'" paym.nt due by JUly 30, 2002 $397.2 + regular pB)lm.O\ CS\lOJ by AugU$\ 30, ~QO.. S397.2... regur~ pliIymentC!u& by $ep~$mtNr 30, 2DO': (tJde. c,-It ~~(1/< A;'(V1 'liP f'10 "1 5,0((<- .. EXHIBIT "A" ,--=-"-1 - _~ ">0",""",,"""1.. ~=&O' " " "" -ioMl- " ~ ~", "-, ,'~ ''"'be' fJ ':-: :.:- +911 T-876 P.04/D5 1-119 Mar-ZS-DI 01:18pm Fro.-THE MONEY STORE Default Forbellfaacc Agreement Page 2 U>aJ1 Number: 81011462 MUTTERSPAUGH 3, B)' entering into this agreement, Lender is not discontinuing fore.,I05ure nor is it waiving any riihlS under the nolo and deed oftrusllmortgage, which sball continue' full force and effect. It is only holding further foreclosure aC1ion hI abeyance as long as lhe wer makl:s all regularly scheduled payments and arrears paynlenlS. Nothing in this paragraph s II prevent Lender from takina any and all action necessary 10 maintain the status of the fC<M/os re action in its present state aria advance the action to prevent its dismissal. Upon recei?t oft e last payment under this agreement and the ll(:COUlll is cnrrelll, Lender will then discontinu,~ the nding foreclosure. 4. Lender has the right to post the property for foreclosure, w~hout the ne ily of mailing another demand/notice of intent to accelerate, and take all stops ne~ssa!"/ for r. closure in the event Borrower defiluJrs under the tenns of Agreement. After the forbe'!l(anco period has ended, Lender ma)' foreclose if Borrower has failed to either bring the loan current or y off the Joan. If Borrower fully complies with the tenns, the indebtedness is considered be reinstated and Borrowerwaives the STaIUte 9f limiratDns associatec.l with the accelera' oflM loan. S. In the event any of the above payments are not re~ived and pGst<:d by t e date they arc d~, Borrower shall t>e in default under this agreement and the Lender shall oceed with foreclosure. 6, 'Additional foreclosure fees for propeny inspections and brokers price 0 inions could be incurred during !he course of this repayrnern plan. The borrower Is respol1libk: r paying these O\IlStaJld inS amounts. 7, Borrower is responsible for immediately paying an)' and all outstanding moWltS, claims or liens against the property which are or may become a lien superior to the Inte St of the Lender during the tenn ofthi<l a$l'~ment. lfthe l.ender has already paid any dellnq1le affiOllntS, claims at liens they will be il)Cluded in this agreement or you will be required to ing all sllCh amounts current. If the Lender Is required to pay such amounts this agreement w 1 be deemed in deliiult. If the Lender rc:<;eives notice ofa,ny pending sale resulting from such a lIntS, claims or liens dllring the term "fthis agreement, the agreement will be deemed in defa It and the Lender will proceed with foreclosure wilhout further notice to you. g, All money paid 10 Lender during the tenn of this agreement is nc.t refun able. It shall be firSt appl~ to the above noted Total Arrears Due, lben to current mon1hly ymenrs. The specifIC manner in which an)' funds are applied to the aecolllll shall be at Lender, sole discretion. This may require that at cenain times funds may be held in suspense. Should Borrower delliult under this agreement, any money he ld in suspense wfll be applied ag;aim;tthe ~standing arrearage, for purposes of calculating the amount due at the time of foreclosure sale. 9. After aU of the above pa)'lnents have been made and the loan is no .JOg r delinqllent, BOITower shall continue to make the regularly scheduled monthly payments in Be rdance with the terms of the nOle and deed of trusthnortgage. 10, All money paId to Lender during the tam of this agreement mu.. be in ified funds (i.e. - money order, hook ~ashier check, etc.). 11. 1t is possible that you may continue to receive ~ol1eetion letters reg;arc.li the delinquent status of YOW' account. Provided you follow the terms in this agreement and mak all payments as soheduled, you may disregard those leners, _1 ."",-= - ,[ " ~ ". . ~',- "-"1!!IIiiIJ~ll~.~ Mar-2G-OI OJ: IIPIIl From-THE IIlNEY STORE .918 T-87S P,05/0! HIS Default F orbearancf Agreement Page 3 Loan Number: ~I011462 MVTl'ERSPAUGH II. Ifat any dme during thelenn Oflhis agreement the Borrower f1Ie" a C 'PtC< 7 or Chapter 13 Bankruptcy, The Money Store will consider the Default Forbearnl1ce cement null and void. TliE MONEY STOltE Alll'on Kin~ Date MARTHA MUTTERSI' UGH Date THE MONEY STORE REINSTATEMENT H..... I" ...~ ' L'~' ~'- - ~" "IiIiiU~" :' Loan#:81011462 Loan type: Simple Interest Borrower(sTawney &Martha Mutterspaugh Contact: Aaron King Loss Mitigation Officer 877-81 0-0660 4111 S Darlington, Suite 800 Tulsa, Oklahoma 74135 Property Address: 1032 Green Spring Rd. Newville. PA 17241 The following Reinstatement Amount has been calculated through: Principal Outstanding: Interest Outstanding: Escrow Advanclils: Corporate Advances: Brokers Price Opinion Late Charges: Other Charges: NSF fee Foreclosure/Bankruptcy Attorney Fees: TMS Foreclosure Expenses: TOTAL REINSTATEMENT DUE: 4/25/01 $ 3,585.88 $ $ $ $ $ $ $ 1,846,64 261.86 1,500.00 $' 7,194.38' These figures are good through 04/25/01 and are subject to final verification by TMS. After that date you will be required to contact myself for an updated Reinstatement. The Money Store Attn. Cash Processing , 4837 Watt Ave. North Highlands, CA 95660 TMS reserves the right to continue with any action it may be pursuing until such time that agreed reinstatement funds are received. This letter is not a waiver of any rights in the note and mortgage/deed of trust. All funds should be forwarded to the following: "'i',---:'<~ ;~';-..f'{;~ ,'. ............. "" "- ~. ~ ~'l. , '- , '~-:Ii: VERIFICATION We, Tawney L. Mutterspaugh and Martha K. Mutterspaugh, Defendants in the foregoing action, verifY that the filets set forth in the attached document are true and correct to the best of our knowledge, information and belief. We so state subject to the penalties of 18 Pa. C. S. ~4904 (relating to unsworn fulsification to authorities). MAY 23. 2002 Date ~~L~~rs1t~~. MAY 23. 2002 Date ' (f/P'7hu /- t11A(~~ Martha K. Mutterspa - '"'-' . "~> "- ~..< ~ ~~ _L, -'- - "~" - " ." ~- -~ "'"'-~SL THE BANK OF NEW YORK, as Trustee : IN THE COURT OF COMMON PLEAS OF under the Pooling and Servicing Agreement : CUMBERLAND COUNTY, PENNSYLVANIA dated as of August 31, 1997, Series 1997-C,: Plaintiff : CML ACTION - LAW v. : NO. 2001-1237 CIVIL TERM TAWNEY LEE MUTTERSPAUGH and MARTIIA K. MUTTERSP AUGH, : (IN MORTGAGE FORECLOSURE) Defendants CERTIFICATE OF SERVICE I, Anthony T. McBeth, Esquire, hereby certify that I have served to persons listed below with the attached document, by first class mail, postage pre-paid, on the date indicated below: Mark J. Udren, Esquire Attorney for Plaintiff 1040 North Kings Highway, #500 Cherry Hill, NJ 08034 '~ l3. JJfJ[)l-- Date 6 . Anthony T. McB Attorney for De ts 407 North Front t, First Floor Harrisburg, PA 1 01 (717) 238-3686 Supreme Court J.D. # 53729 ~1l~~I@t'k~",!C"",,,,-,,,or~ii5J:i:;;t\ltii~~I1.JOCJ1l'jo;,,"ilii'tll%m,,,,,~_-"'- '.-'--;--1e",\L~"""";'_"~"'d;ol1";;,,,,,,~~~.:lo;''!r'i'~lil!t~~_i!IMH!jlji"~mooti.",~~~~;'"""""'" . - '^~;)",1,c1".,,"'<~""~c <"''''~ ,,~<, , ",,~, """"'~" > ,,'" "" ,.,,,,~o. _.~,' _~~, _ , _ ..", <:) ~~ Ul-:U nl[T1 Z:.-- (7:1 -< G :::~ r'--' '-;.-\..! -:--:---:-"', '-: '.,,' ,~,7 ( ~2? --, -:;: " " ~ >, - ~~ """"'o""~. ~Jj"~~~': (;~ ,~. o~ I~;::~ ~TI :"J <:;:, ',Ii I":} C') :.",' S:? C) (-',:-n ?; -< ....,,') 0) , '-"rllL .'- " "-." . 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 The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-1237 civil Term v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendants, Tawney L. Mutterspaugh and Martha K. Mutterspaugh have filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on October 28, 2002, Bankruptcy Case No. 02-05902. /?1lM" ildt &/l Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff ~~~~~J,,,'#__~.f&h"",el,t;z.ffi;,.,eMlil1l"",j:i'h,,,",6l;f;..S~,,-)j-'""o\)'2y,,,',,i!')""h,~,-<".-\;~""W,cil,.,,;iI~.cl~~,jj(!~ii;;!il!li!l!l~"'''''~~"W"~'''''-",,~ii>it ~r ^' "",~ '~,~" ~"" ~~ ,~ "- <",,, <" '" -^, '""- ~!iw.~_!~' 'J;."".~,- o c: ~'. -OG rnr;-- Z.., :7r ~~~~ ~~-> ?.;C; ~=("') )>C Z :::;:I , "~' j~'"~-~; r=; 1'0 ~':J p'"'l ~~-.l :"0 ,-,,_J -0 f'0 :'1 ,;~ ~. .~~ ~'~' .J,"'." ,~ ~,; MARK ~. ODREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIG~AY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF The Bank of New York,as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green spring Road Newville, PA 17241 Defendant(s) : NO. 01 - J'J."31 G()LLY~ 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 TAXI!: THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ,AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717~249-3166 or 800-990-9108 .ir' --_~__J ...~l ....."""'... ~ ~" ' "-~ '" I 'l;ErtJltiifu": AVISO Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. ,Hace falta ascentar una comparencia escrita 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 previo 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 SOFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLUE POR TELEFONO A LA OFICINA COYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE BE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association, 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 or 800-990-9108 E," .~ e~,I,,__ .~ ." , ~"'ic~' -,'. , ""fli['v~'" L1'" 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 uamed in the attached document. Urness you notify us within 30 days after receipt of this Notice and the attached document that the validity ofthe 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 wilIl be used for that purpose. LAW OFFICES OF MARK J. UDREN Isl Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 " ," ~ ,~^~" .I~~""","~~ ~- .~ -, ~""""~~' 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: TMS Mortgage Inc. dba The Money Store Assignment$ of Record to: The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C Recording Date: LODGED FOR RECORDING 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: 1032 Green Spring Road MUNICIPALITY/TOWNSHIP/BOROUGH: Newton Township COUNTY: Cumberland DATE EXECUTED: 8/4/97 DATE RECORDED: 8/8/97 BOOK: 1398 PAGE: 420 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. ,,",,,, - "1.,_, , = ","",j- - - ~~ __~ >..i -"~"'<':_~:, , . 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 1/23/01: Principal of debt due and unpaid Interest at,ll.25% from 9/15/00 to 1/23/01 (the per diem interest accruing on this debt is $28.05 and that sum should be added each day after 1/23/01) $91,016.35 3,674.55 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 1/23/01) 0.00 Late Charges (monthly late charge of $44.82 should be added on the fifteenth of each month after 1/23/01) 134.46 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 4,SSO.82 $99,906.18 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. not been notified in a timely manner of Defendant(s) eligibility. ~~, ...J ~ , ~ . ~ l-_ . ~~ . , " 'Jlt'- ~ ,~, ;j'lli'" ~, 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant (s) herein in the sum of $99,906.18 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. ' 1ft) Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 - L "-"""....." I ~ "~"""~~'..LiIIU -........ ""~ r;I',"4lilifdti:ll>,"""J: , J ~L THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT NO 1 ON SUBDIVISION PLAN OF ROBERT WfTTERSPAUGH, SAID PLAN BEING RECORDED IN THE OFFICE OF RECORDER OF DEEDS,OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK , PAGE HORE FULLY BOllNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT A RAILROAD SPIKE IN THE CENTER LINE OF PA. ,ROUTE 641, AT CORNER OF OTHER LANDS NOW OR FORMERLY OF ROBERT HUTTERSPAUGH; THENCE BY SAID LANDS SOUTH 26 DEGREES, 56 MINUTES, 53 SECONDS EAST, 594.45 FEET, TO AN IRON PIN IN LINE OF LANDS NOW OR FORMERLY OF JOHN W. NOLT; THENCE BY SAID LAND OF NOLT, SOUTH 42 DEGREES, 56 MINUTES, 37 SECONDS WEST, 147.91 FEET, TO AN IRON PIN, AT CORNER OF LANDS NOW OR FORMERLY OF EDWARD A.' KELLEY; THENCE'BY SAID LANDS OF KELLEY, NORTH 27 DEGREES, 43 MINUTES, 52 SECONDS WEST, 676.98 FEET, TO A RAILROAD SPIKE IN THE CENTER OF PA. ROUTE 641; THENCE BY THE CENTERLINE OF SAID ROAD, RORTH 75 DEGREES, 0.5 MINUTES" 53 SECONDS EAST, 151.48 FEET, TO A RAILROAD SPIKE, THE PLACE OF BEGINNING. CONTAINING 2.0.965 ACRES PURS~ANT TO SAID SUBDIVISION. TOGETHER WITH AN EASEMENT FOR A SEWAGE DISPOSAL SYSTEM DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON LINE OF LANDS NOW OR FORMERLY OF EDWARD A. KELLEY; THENCE SOUTH 27 DEGREES, 43 MINUTES, 52 SECONDS EAST, 22.89 FEET,THENCE THg FOLLOWING COURSES, AND DISTANCES; SOUTH 33 DEGREES,0.5 MINUTES, '0.4 SECONDS WEST,132.97 FEET; SOUTH 81 DEGREES, 0.7 MINUTES, 10. SECONDS EAST, 32.39 FEET; SOUTH 0.8 DECREES, 52 MINUTES, ,50.SECONDS WEST, 10.0..0.0. FEET; NORTH 81 DEGREES, 0.7 MINUTES, 10. SECONDS WEST, 120..00. FEET,; NORTH 0.8 DEGREES, 52 MINUTES, 50. SECONDS EAST, 10.0..0.0. FEET; SOUTH 81 DEGREES, 0.7 MINUTES 10. SECONDS EAST, 65.68 FEET; NORTH 33 DEGREES, 0.5 MINuTES, 0.4 SECONDS EAST, 153.10. FEET, TO A POINT THE PLACE OF BEGINNING. SAID EASEMENT TO RUN WITH THE LAND AND TO EXTEND TO THE HEIRS, EXECUTORS ADMINISTRATORS AND ASSIGNS OF THE GRANTEES HEREIN AND TO BE USED FOR THE CONSTRUCTION AND MAINTENANCE AND OPERATION OF AN ON LOT SEWAGE SYSTEM TO SERVE THE LANDS HEREBY CONVEYED. ,n"' . " ~'. iUJii(JJM~":..m_""~,,-,,, DF985 1:!g.mlifl - MARTHA K MUTTERSPAUGH 1032 GREEN SPRING RD NEWVILLE, PA 17241 December 18, 2000NBRC 0081011462 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortg~e on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. ' To see if REMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you wben you meet with the counseling agency. The name, address. and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800,342-2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. Yon may also, want to eontact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECRO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFIClON OBTENGA UNA TRADUCCION IMMEDlA TAMENTE LLAMANDO ESTA AGENCIA (PENNSYL V ANlA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SEa ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S):MARTHA K MUTTERSPAUGH PROPERTY ADDRESS:I032 GREEN SPRING RD NEWVILLE, PA 17241 LOAN ACCOUNT NUMBER,0081011462 Evr rnr'""\~T A J\~~~~~U 'I ~-\f",e....~ ",...1 ~...J. - " ." ~ "",""""--,;, DF985 1:!g,mfgg" TAWNEY LEE MUTTERSPAUGH 1032 GREEN SPRING RD NEWVILLE, PA 17241 December 18, 2000NBRC 0081011462 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pa~es. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This notice explains how the program works, To see if HEMAP can help you, you most MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counselin~ agency. The name, address, and phone l)umber of Consumer Credit Counselfi~ Agencies servfig your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housfig Ffiance Agency toll free at 1,800-342,2397 (persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to coutact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIBNDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEROMENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S):TAWNEY LEE MUTTERSPAUGH PROPERTY ADDRESS,1032 GREEN SPRING RD NEWVILLE, PA 17241 LOAN ACCOUNTNUMBER:0081011462 ,~,;~ ' .'. ~~>". .. ~,~ ' . '"' ~ CURRENT LENDERlSERVICER:The Money Store IMPORTANT INFORMATION ON THE BACK OF THIS PAGE " ,-j:r ~ V"h)O",c;;:~_!'" ~". " .-- ,~' -...... ".~ . .~ ~ .~" ~ ~~ "" "^[f!tl~i&.tit'~,,;,f,: HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE 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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, . YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE, Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face,to,face" meeting with one of the consumer counseling agencies listed at the end of this Notice. TIDS 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 TIDS,NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENClES- If you attend a face,to,face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the countY in which your property 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 ASSISTANCE, Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's ~mergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a 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 TIDS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATiON FOR MORTGAGE ASSISTANCI!: WILL BE DENlED. AGENCY 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 fmance Agency has sixty (60) days to make a decision after it receives you application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the 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 TIDS 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 for Emergency Mortgage Assistance.) .'-'., ,,<~, ~ ,." ~.,J,~,.,." ~"""" ~, ~ - - ............ ..~" IMPORTANT INFORMATION CONTINUED ON NEXT PAGE ., ~~ .'",~ "0'. ~"""'~i<i.~",;.h,*,"1>"",.-- - .- -',""_~~. ~xl ~ ~~ ~ ~~ ." <~~ ';O;;;"",,,~~",; HOW TO CURE YOUR MORTGAGE DEFAULT (Brin2 it np to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 1032 GREEN SPRING RD NEWVILLE, PA 17241 NEWVILLE PA 17241 IS SERIOUSLY IN DEFAULT because, A. YOU HA VB NOT MADE MONmL Y MORTGAGE PAYMENTS for the following months and the follo,wing aniounts are now past- due: a) Number of Payments De1inquent:3 b) Delinquent Amount Due:$2,689.41 c) Late Charges:$ 89.64 d) Recoverable Corporate Advances$ 1,829.14 e) Other Charges and Advances$ 0.0 f) Less funds in Suspense:$ 0,00 e) Total amount required as of (due date)S 4,608.19 B. YOU HA VB FAILED TO TAKE mE FOLLOWING ACTION: (Do not useifnot applicable) HOW TO CURE THE DEFAULT - You may cure this default within mlRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,608.19) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable to: Regular MJriI The Money Store P. O. Box 96053 Charlotte, N,C 28296-0053 Overnight FUNB Lockbox 96053 1525 West W.T. Harris Blvd. Charlotte, NC 28262,00 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 defaultWithin THIRTY (30) days of this letter date, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within mlRTY (30) DAYS OF THE LETTER DATE, The Money Store also intends to instruct their attorneys to start a legal action to foreclose upon yonr mort2a2ed property. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required 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 all reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If yon cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES, The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the mlRTY " ,~ ~ .~ , ~ ~ ,~ .' ~ ~ "'~'~c, ",~"i"h"". (30) day period and foreclosure proceedings have begun, you still have the ri~ht to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by payin~ the total amount then past due plus any late char~es, char.f:!;es then due. reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writin~ by the lender and by per{ormin~ any other requirements under the mort~a~e, Curing your default in the manner set furth in this Notice will restore your mortgage to the same position as if you had never defaulted. IMPORTANT INFORMATION ON THE BACK OF TillS PAGE ..... -- '-~ ~,"""",.J " ~" - ~," <'"-. UiM!lIi'i. 'l'-1!~~f"' EARLIEST POSSIBLE SHERIFF'S SALE DATE, It is estimated that the earliest date 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 of the Sheriffs Sale will be sent to you before the sale. Of course, the,amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL: Name of Lender:The Money Store Address: 1525 West W.T. Harris Blvd Charlotte, NC 28262-0053 Telephone Number: Fax Nurnber: FUNB Lockbox 96053, 800 795-5125 Ext. 10302 916-617,0655 EFFECT OF SHERIFF'S SALE, You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be slarted 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. YOU MAY ALSO HAVE THE RIGHT . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTCfAGE 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, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY 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. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO 'i1IIS LETTER Sincerely, The Money Store ~."...,'*' - H """"""~~",,,,,,,,",;I'_"~ ,-'. .. --'~. Breach Letter Certified Mailer Number Informaliou Loan Number: 0081011462 nate of Letter: 12/18/2000 Borrower Name(s): MARTHA K MUTTERS PAUGH BGrrower Address: 1032 GREEN SPRING RD NEWVILLE~,.,_pA,J,If~ 1 /~' ~ ~ Certified Mailer Number:,\, ) "'''''''''00''''''' ~ ------ ~,~L,,;..,. ="ri~~~ii' ~'~ - " "~ " I ."~ "" "~,:.....,. '~.' :i:Wl'j[;l'!.i!ili-";",, Breach Letter Certified Mailer Number Information Loan 'Number: 0081011462 ' nate of Letter: 12/18/2000 Borrower Name(.), 'TAWNEY LEE MUTTERS PAUGH Borrower Addres&:: 1032 GREEN SPRING RD NEWVILLE, PA 17241 ./",,/ Cerlilied Mailer Number: ", (__"O":..~~ I " "~~ ~I , '......,"'" ~-'-~~~: V F. R I FTC A T TON Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal, knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1Vl Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES M~Md~~~tI<\',oJ:':nU~:ilijifu'?;l"'hitt~,,,",-j:;)~_"''<'i!H~]'''_Ji:j~'ii;~,,,j~':kt:"','i:""X,~;c",,,~,,,,,,;{,,,,,;ji'l>t,~OOI#~w,.{";_,h~<!tli'~!!if~~~~~""~"11~IlliiWI~if.till'ltJ :"'T'"~Iii''''' --' ~ ~ ""'~ - 0 ~ D c::' ~ ~ 'i>q <' 'l G-:: .',. ~ ,-~ h / , C> (;':'. '" C\ ~ ~ , C' :8 C1 -' 'TJ ...,;,~ " ~ , " :"5 ~,_- jT1 ~ j r- ~ ~j (I) ?? 0J ;;~ "-' ~ --1 \:t -< :J.J ~ -< $ ~"" ~ . "... ~ j ,- --; to"'" :';'.~"" ..,; ". , ' ""';' ".'e,- ~ ----i'~'_ , -" .UDREN LAW OFFICES, P.C. ~BY: Mark J. Udren, Esquire , ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) 669-5400. mortgagee the back payment, late To find out how much you must pay, 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also 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 onef the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) --------;:r-~- - - -=--"'J_'" . =~I " ok , '.,",' ',~ ; 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 856-669-5400. 2. You may be able to petition the Court to set aside the saie 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS CUmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 o-;ga~!bill;!i~ifl,,~~f1'd'li"'J~;l~~~i$ffi~~~jiWMWI!ill'~''''''""'''Jmw;if,:'"-,,~~,k:~J~~~.iJlI~lili_,~ -- '''' \V\ ;JJ~JuclLJJ'ltt~~M~~_'_C'~' .._"""__"<>-,",~"o_.,,_._"q-,-'C'lf_--''-;"-#,~~,,,,.o,'~ _W ,,_, ","'"".,_,,,~ _.J~ __~C_.. ,U,_ <, .~ - ~ ~-~."'" '~~"~'~~liliifJ;lU'-JM,. " ~,~ - "~ ~,< . "" = C:;::'.:I ..:;- J,'}:... c:= G""':i o j'/ :.-;:f c'li:r.J r- 1.Jm :,oQ ~2G) Ps:{J _1_,:..r"} ~J'n ..< -.J Z;r.-, ~,,~ 'f? 1'.) C, , "... ~~ UDREN LAW OFFICES, P.C. BY: Mark J. Udreni, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 . ~ NO. 01-1237 Civil Term Defe,ndant (s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tawney Lee Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .... -"--- 1- ~,~ . <. -,"' --' ~, ,- -,,,,- ','. .'-'^: ..." 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 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 , . ~mmlml~~<i1t~fti-J'J:;b'Ri':*,~!@i~~fi~."-fiji,+.:!ii,{.ll"ol-Bii,"")1e~:'J:~l"4'",,-"::.:;i<\-:t'~"~iJ&illi;-~!lffilJlill!ij~BlIilfi1OOi;i )~ ~.~- ~ -~-" - Ji;'!;"~"","./H""'"-"""tlji! ll'.d.:- -'I L,ci'_, --- '" "-" ;::,.; c5 ~- o -n .-\ :C.,l rnp -nm -.'J~ C" . T~' 9c.l ~~~ ~;:.:~ ~:b .,< ~= C) _J l..C~ "'> en ~ ......-'".J,,_,~,6 _ ~ , - ;.'- t '",,;' ". -,;; r .'~tEN LAW OFFICES, P.C. 'BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Martha K. Mutterspaugh C/o Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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.) Q'~ -~ ,~ ~J_,,_ l' _ !-'>-.~ . ~ " I'. , ".- ~., --" - " ., ~ k~_, '. " ,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 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ik;illl!liII~~~~,wj!J-1I~;~$ill@,j~~N!:S*d.'M~I;~;iM,,~,"--,",,"'r.>&li.i\'1;:;;;;~~~,tlf!ij-~offiilil.ililiMiW!$W.~i11lii.~ ~ ,- .oi6HiIt' fR! Ji ~\'r-' J 1.., flllU - - .,. r1 ~-::;; "". , "" ~:.> ,= ....- :;rf-/l> C, c:=-5 o -" ::;:1 r-il:D ~ -om :;.JO () ,l '..-1(.) ~t~ ~}5 -< -.J \f? ",' 0, ~ . "-'- .'-~~ ,~ , . '-"--. -," "~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCRESTCORPORATE CENTER III WOODCRESTROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tawney Lee Mutterspaugh C/o Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action~ 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) / -~"""~1' ., YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I , 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 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the mOney bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ~~eiWmHii'i-,.;m'!!'~~il~lii~~fuiiij,~I""llIi.j"';';""""''''.iM''''''_'l'$1...''''''''cl>i~~~r@J;lIli1I~~-'-''~' " ,!'" 11\ ,ll 'J~ -""".,r!.__~("0I"""""''''',_~,'~ "",_ _~,,_~.,~~, ",...,~,,"""__'" """~,, ". "".' ,"",.". 'h-_". _ ~." ,,,,,_e,,. "'~ ^-"-- -;';<;;".~~,,",,""""'" ~ -~~ " ~ .=-"",' Ji ...., \ "" r..~~ :t'"2 o " -.J ::;1 --'--n fllp "Om :60 ~=3 (J.) ~i~~ '-" -J ~". '''",", "-~ -~'.~ :t:;n ...h. <..0 1">" Ct. , . ~ ""'-" ' ~ -"-<. .- "-~'rl:- . " , 1 " JUN 1 8 2004 UDREN LAW OFFICES, P.c. BY: GA YL SPIV AI( ORLOFF, ESQUIRE ATTY I.D. NO. 63265 111 WOODCREST ROAD CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh . : NO. 01-1237 Civil Term Defendants CONSENT JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, this ~3.u{ day of ~ ,2004 it is hereby agreed by and between, The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997 -C (hereinafter "Plaintiff'), by and through its counsel, Gayl Spivak Orloff, Esquire, and Tawney Lee Mutterspaugh and Martha K. Mutterspaugh (hereinafter "Defendants") by and through their counsel, Anthony T. McBeth, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 1032 Greenspring Road, Newville, P A 17241 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagors and owners of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due October 15, 2000, and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendants in the . ""-- ,~ '. sum of $133,894.89 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of sheriff s sale; and for foreclosure and sale of the Property. 2. Defendants hereby release and forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiff s servicing Defendants' loan and the within foreclosure action. 3. Plaintiff hereby waives any deficiency judgment and/or action it may have against Defendants,Tawney Lee Mutterspaugh and Martha K. Mutterspaugh, personally and/or individually, due to the Discharge of Debtor entered in the U.S. Bankruptcy Court, Middle District of Pennsylvania, Case No. 02-05902, on October 31, 2003. Date: Colts/oy ","s~~4' Attorney for Plaintiff, The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C Date: BY THE COURT: TRUE COPY FROMRECORO In T eatimooywhsreof.. i here unIO set my hancl and ti'.e saal of said ~ Carlisle, Pa. This 2~ ~~ ()1Jl.)'!- ~. 'j),~~ (~'" . Protlumotlrv J.:; ( I ' 2 " " ~ . """" "., ,"--, , '~ ,>, .~ - 1 0 ., -. ,., ' -='-'-"-~' A UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff NO. 01-1237 Civil Term v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: November 8, 2004 xxxxxx xxxxxx TO: Tawney Lee Mutterspaugh Martha K. Mutterspaugh c/o Anthony T. McBeth, Esquire 407 N. Front Street Cameron Mansion Harrisburg PA 17101 UDREN S, P.C. By: Mark J. Udren, Esquire Attorney for plaintiff 0123754 1.l . ~- 'n" '0 '-.-, ~q:L9C9 ",'--'r-':;-F~ " <J31 ~W 8e! /~,"'''''' ,,"' ..' 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Sd IB A unique identifier for your mailpiece ~ A record of delivery kept by the Postal $ervioe for two years Jmportant Reminders: ~ Certified Mall may ONLY be combined with First.CIass Mail@orPriorltyMai4. iii Certified Mail is not availalJle tor any class of-lntemational mall. ~ NO INSURANCE COVERAGE IS PROVIDED with Cart.led Mail, For valuables, please consider Insured or Registered Mall. III For an additional fea, a Retom Receipt roay be requested to provide proof of delivery, To obtain Return Receipt 6ervlce. pJeaSe compJete and attach a Return Receipt (PS Form 3811} to the'8rticle and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". io receive a fee waiver for a duplicate return receipt, a USP&m postmark an your Certified Mail receipt is required. III For an additional fee, delivery may be restricted 10 the addressee or addressee's authorized agent. Advise the clerk or mark the mailplece with the ondorsement "Restricted Delivery". \ill If a postmark on 1he Certified Mail receipJ is desired. oIease present the artt- cia at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed. detach and affiX label with postage and mall. IMPORTANT: Save Ihis receipl and presenl il when making an inquiry. inlernel access 10 delivery information is nol available on mell addressed 10 APOs and fPOs. <,- '",;,- '" , - .. Ai_''-,::,~ m 1:' . . . 0 ~ . z c c e o' m 0" a . ",,' . .!l'::i '5 5!!~ ~ f- . DO . DO :iE' 0 ;; Ii a cj ~ a _. n 'iq :iE . :t;Q; .'" ~ e'" . C . ;;- e . ~~~ ~ - m i E ~.o ~ w () ~" o .D d!! . l '5 t ~ s . > ~ <t pi ai =a ~ 'C'C 8.:iE ~::;; 'jj ,., 11$ a '" F'i.l!!al '0 '0' ~~ !E ,!!!. 5: ~ ~ > - '~l go'!! 1i 0 =mf3 e 0:_ g '0>- 3l DO IP. '" J/!::!:: >< <Ii ci .; .. " <Ii j )-- 0 ['<::J l'! 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For valuables, please-cotlsider Insured or Registered Mall. fI1 For an additional festa Return ReceJptmav be requested to provide proof of delivery. To obtain Rewm ReceJpt service. please complete and attach.a Relll'll Receipt (PS Form 3811) to the article and acid applicable postage to cover the fee. Endorse mailpleoo "Return Receipt Requested". To receive a -fee waiverior a dUDlicate return receipt, a USPSe Postmark on your Certified Mall receipt Is required. III For an additional fee, delivery may be restricted to the addressee or addressee's authorized ag~nt. Advise the clerk or mark the maUpiece wlth'the endorsement "RestrictedDelivery". 13 If a postmark on the Cartified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save Ihis recaiplaed presenl it whea making an inquiry. 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'" OJ ... CD .... LO '6 " E ~ Ii CL i o '" E ~ ~ . ~.~ ,,= o:~ 'Ol3 liCL ~ ~ (;; '\j ~'C Z~ j9'fl ~&. . co Ol o ~ '" ~ o m u " 0:... 'O.gs liai .QCf) E,., g:g ('0 j9~ 00 1-::1 ... ~ LO ~ ~ ~ C\l ~ ". ~-, '."" "", "' "' "i~ l: &. ~ l: ;e iii m ~ o ... .5 .: S .;: ~ ., Q. ~ ~ 'D S " Q. E o o .8 - III " :0 E ~ o u. ... C) C) ~ i::' 0> " .c ., u. ~ :;; '" E ~ o U- rn 0- ~_~illil;lL~JiliiFJ~l1~~di!It~i0i\;~",s!~",iEl~~;"!foffili~Slillliili~cli;il.,,~IiiiiI~'- ~-,-- b' Cf( rJb \J'0' ~:l;:1i.. l!' .1--=' 1~~:J1!!!J1U~,.'~LLA.4",_,~,,~ " ",. V,- c, _~." ,.',,,,,,J.,~~- ~"-'" _".(-4,',' (') c (~~;/~J _e" ---:~ JD ~ ~u -',,",,~._, '0", ~,_ ,___~". ,,,,' ':':l ."... ."... .. lj' "" <=0 <=0 ->:- ;;e. a "'" N .s:- o " -.... ::t:'..,., rnp "elm :06 ~~i o:U 2:Q 0'" -.... ~. ~b -< -0 -,,~, -'!.. '- ~" ~~.'. ,_" ~"~ "--g,--:i , ... UDREN LAW OFFICES, P.C. BY: Mark J. Udren ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Defendant(s) NO. 01-1237 Civil Term AMENDED AFFlDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". This Affidavit is made subject to the relating to unsworn falsification to se th by Pa Rule C.P. All Notices were served within 3129. Dated: November 16, 2004 UDREN f 18 a.C.S. Mark J. Udren, Esquire Attorney for Plaintiff -- , j.~- ,1_, ";:;:" , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C, 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: 1032 Green Spring Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s) Name Address Tawney Lee Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE .,.,,,,.!III;/m!1/lIIil-.!'. 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Blazer Consumer Discount Company 9A N Progress Avenue Harrisburg PA 17109 Blazer Consumer Discount Company 820 E Street Road Warminster PA 18974-3317 Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 ; - ~ '" D_" ,'- . "0"" _,~ _L_ ~ " '\:~J 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1032 Green Spring Road Newville, PA 17241 Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 I verify that the statements made correct to the best of my perso' belief. I understand that false st the penalties of 18 Pa.C.S. falsification to authorities. this aff' da it are true and al wledg or information and te en s her n a e made subj ect to e. 4 04 ela ing to unsworn DATED: November 16, 2004 ark J. Udren, ESQ. Attorney for Plaintiff '" ~, ~ - -..I ~ o. . ~. " ,'",~- 1," UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 04-3287 CIVIL TERM v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) DATE: October 11, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Tawney Lee Mutterspaugh & Martha K. Mutterspaugh PROPERTY: 169 South 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 December 8, 2004, at 10:00 AM, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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J: "" ?~ Jl ~ miSOd'S'03'1 ~(.y ~~ ~ ~ : s:'!;;';n_#~ A~ --". ~ ,",,",," __ .,~~-__A -' ----~.- ~ .~ .~ ct I ~ ~ ~ ~ w o "- '0 ~ ~ of ~ 1i5 al ID w w ~ '0 '0 < 15 m E ~ z ~ . ~ .: !'! y w ~ S (: w 0 "- ,~ ~ _~L_tl1:t'lil,-;i 5i a.. ~ c '0 a.. iii III ~ o ... E .: " ~ .~ ;: " a. >- I- >- J:l 'tl ., -;; C. E o CJ " J:l ~ .. :0 :;; E ~ o u.. . w m ,,0 ~:E ,-0 "-- _w 00 _"- Go ~<<i ... E'O Cl =>m Cl z.~ 1ti~ ~ 15m >-0: .. ::J w .0 m (]) 0 lL " ,..: (l:... o~ ... <Xl ~~ '" m m .,'" \() E E", ~ =>., 0 .::~ EX~I lL 0 ~ CO CO ... <() -5~ ~TA co ... ro en ~ ~ ~ ~ ~ ~ >-..J A => :E m :;; 1l. m " 0. => 0" ~ '" " ," . t:~ ... '0 '" J!l " "OCI)ID <z '" 0> "", '" :E c: '" '0 ~ c: '" (]) c: :;;0> 0 "- '" <( m~" E:gcn m ~<o ~ ::J - CO CO ... <() ~- -,,, ' -"" __I"..' ,~" ]lir~" ,- -,,<I, UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and and Servicing Agreement dated as of August 31, 1997, Series 1997-C COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County plaintiff NO. 01-1237 Civil Term v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: November 8, 2004 =xx =xx TO: Tawney Lee Mutterspaugh Martha K. Mutterspaugh c/o Anthony T. McBeth, Esquire 407 N. Front Street Cameron Mansion Harrisburg PA 17101 By: S, P.C. UDREN Mark J. Udren, Esquire Attorney for Plaintiff 0123754 ",{ l;" ,) ,j'::;;:r,;.,-~, t ('~ !l.t:it; IFa ~;:tI UDREr~ LAW OFFICES, P.C, WOOUCH'ST COPPORATE CENTER 1'1i qOAD CHERRY fiiLL, i'..; 08003 Jj (.) ~r-.. f'- - C'~ . .. , . u.. t ! ij ij l " u.. l i I, n .. '0 I'l~" o!!.. f ~ JI II jj @. I~ ~ .- 2009 E025 EOOO 05~0 2009 E025 EOOO 05~0 , "'11rtlAJ 031JI1HJO .. "" "" = = '" "" "'3Nil-a3110QlVC10d-~3~aa;rj~nEH3Hi"dO"'''' ""'" '" "" "'... .lHDI1:i 3Hl Ol3d013hN3 dO dOll" 1:i3)l:JU.S 30Vld TO: Tawney Lee Mutterspaugh C/o Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 , --~ -~, .~w ..,'-0-',,,,,_,,_,,,_-.0', " .~fft~~~:2,.~~{, fCi~E~~~~~:.~,~;' ~ tkv~.' . ">.''';.'''' '. '~,j; 1'1 <.' '11f'ltjC-.'.'I';;c . ~ '''')''' ",j;;l ,0, '" c, ,\, ; ;J; uov .."'.l'-~ (._ f'- ,r ~ '!l (.;I., _ i) W j .', J~ '~~" -.. i' ~ '" . - .,"..- ~""~ _.; . .,- ;; . ,', ,},~', - ~". ; "',f{~!::~>' ;~6\;J\~~ ,_,. __',", "''_'__ , ~. "'~.,;. .. .' terliiied Mail PrIlvides: (\'I A-mailing receipt (eSJfM9I:/) ;ro12,~unr .oos& WJ~ Sd [ij A unique Identifier for your mallpieca ti.1l A record'of delivery Kept by the Postal Service for two years Important Reminders: . Certified Mall may ONLY be oombine<i witll First-Class Ma.ilo or Priority Mel!". II Certified Maills not available for any class at ,international mall. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. D For an additional fee. a Return Recelptm~~ reqUested. toto provide proof of delivery. To obtain Return Receipt seNiOO, compI&te and attach a Return Receipt (PS Form 3811} to the'artlcla and add applicable pOstage to cover the fee. Endorse mallplece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt. a USPSoo postmark on your Certified Mail receipt Is requIred. IlI\ For an additional fee, delivery may be resirlctad to the addressee or addmssee*s authorized agent. Advise the clerk or mark the mallpiece with the endorsement "RestriCtedDeJivary". ~ If a postmark on the Certified Mall receipt is desired. please present the arti. cle at the post office for postmarking. If a postmark on the Certtfiad Mail receipt is not needed. detach and affix label With postage and mall. IMPORTANT: Save Ihls receipl and presenl it whee making an inquiry. Internel access 10 delivery inlormatlon is not avallahle DO mell addressed 10 APOs and FPOs. ,"- ',", ^ ~, ~"- ,.-~ ri~ ~';W;> " ~ . " . . . '8 . ," :; c ~. .. "' . ." c ,~ ~ e ~ ~~ '0 . DO . DO :;' D rn .E c <- a r.j ~ ~ 3= .. '. 0 0 :; . "'.. . a: 0< E .c . Ed <t 0< ,g ~ !~q ~ ~.5 i ~ " o ..~ ,,, . . " ~ ~ ~ 2' .s . > " 1/),= Iii It ~. . = .1: ~ '0"9 Qf::2: 'i ~ .. $' .i 2 Co'll" c ~ln " 'C. ~ Ii .!!l . 0 i . ~ fff ~ ~~ " 0 'C,. ~. DO i . .!l::= a; a; >< ai ci ,; ..; " .,; aJ ~ g :m ~ "a ~'l'! .'ij o ~ aJ,a E 'ol-56~ j"CS-;:::ai <(.J2 en ~ o:e cY:i i::'~ OU'Q5 -g.~"O~~ a. t'3'Q)i- Q) Q) C'lio-p E--.;:; g .,..::g'i ~.s g- en '0' Q) ... -c:t::: E"S E 'a a G Q) en t'3 0 0 0 ct:::m s::: Q)en'::: :*~ g;:;Sl! i5..-.:t'>O(G-5~ EEc:St'3o 8.~ttg~o . . . 0 ~ ~ ~ . " . . 1 . N ~ ru! g~ ...n: m 0: ru U1 m 0 0 0 a .. 0 & U1 a: f'- E 0 ~ , . a: =r 0 0 1ii 0 . E f'- 0 " .. 0 0 ~ OJ .c ~ .!'l m . 2 Q .0 ~ " u. ~ . " E ~ .c ~ ~.g <Xl z \; '" ~,,~ E H. is u. N en a. j ~~ ~~l~ 'TJ~c ~~ c%~ j:z ~ ~ C\t;;~ ~ - ';:t-CJ .;- cJ ~~ ,,";1 ;'"") ,u n ~ ~.:J; . . '. ~ i I II ~, 1_: i(\ ~ '<::> <::> ~ UDHEN LAW OFFICP1 pc, WOODCREST CORPOliil i ,-,A:I'JTER 111 WOODCREST ROAD CHERRY Hill. NJ 08003 '-_ . ~ ~ u.. m ~ ~i~! , \1'6'1 If II i ; 1m ~m .. ! J! J ci ' ~ i& 666S E02S EOOO OSLO hOOL - - - - -- -' - - ---. ,_. -... . - -.' -. .- -- 666S E02S EOOO OSLO hOOL .. ;E;:~:~:/r);i;~l~'.~,;"',;J':,r'~f{~i I; ~~~.~}!:.';t,d~~t~f '~" -4,:' .:j .:' ! : ; ~ "'7/tfW 091:111830 _'~====~==_________________~_==~=DD_ 3Nn 03ll00.1~ 010"! SS3Hoav Ntln13l:J 3H.1::10 lH81ij 3J-1l 013d013^N3.:JO dOll'J l:I3>l::lJl.S ;J::lVld .." '~! . -." '.' ..........&.......1;:1 __~. ~.............""....-......... '~, ' ti TO: Martha K. Mutterspaugh C/o Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg, PA 17101 [0<;031','" l~'?, R",';" _ ;,,-,-----;---,., ".,"-"",:',,~-,,-,o..,..,,"",":;-C,~_-=--'---'-'-,--- ~. "' ~ , ,~J " ., " !l.:erlilied Mail Provides: e.~ A malllng receipt (OOJ$ABI;;/) zooa: aunr 'OOBE:: WJO:::I Sd II Pi. unique Identifier tor your mailpiece ~ A record of delivery kept by the Postal Service for two years lmoortant Reminders: I!I .Certlfied Mall may ONLY be combined with First~Class Mai!$ or Priority Mall$. !I certified Mail is notavailable for any class of International mail. ~ NO INSURANCE COVERAGE IS PROVIDED with CerllIied Mail. For valuables. please consider Insured (lr Registered Mail. D For an additional fee, a Retum Rsceiptmay be requested to provide proof of delivery. To obtain Retum Receipt service, please complete and attacn ,a Return Raceipt (PS Fonn 3811) to the article and add applicable postage to cover the fee. Endorse mailpiem PRetum Racalpt Requested". To receive a tee waiver for a dupUcato return -pt a USPs" postntSrk on ""urCertified Mall receipt Is requlled. ID For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clark or mark the mailplece wlth.the endorsement DRestrictedDeJjvery". I!I Jt a postmarJc on the Certified Mail receipt is desired, D.Iease present the arti.~ cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affiX label with postage and mail. IMPORTANT: Save Ihls reca!pl and p.res~nl it whe~ making an I.nquiry. Inlornol access 10 delivery mlarmatlon IS not available on mail addressod 10 APOs and FPOs. .~, ., ~,. , , ' 'H~ .",' ,'j', "". ~ "" . OJ..,', ,~,,' "", . ~ . . . . . . Z '6 o ~ .. 0 .." Q . . "'." ~~ .c "" a ~ DO . DO . .. ;;; Q .l1 cj ~ 15. E ;; ':a;-ai . 0 ~.. ;;; g E.o . a: ID' g.fg ~Eci E 1:'~ c.:Jd :']! ,~ ." ~)~ ~ . ." ~ .!!l ." 'e ~i n; " = ~ ~~t ;;; .r ~ " .0 1l'C "-.~ ." F'~~i ~ ~ ul lD t Cl::J .. . '~r~l1 0 ." . .!l!:= Jl DO a: >< ai d '" " .; E 0 Q) Q) ,9:! - > c.. 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Oi CD ~ o '" .5 .: Q) - 'i: ~ Q, '" I- '" J:l "0 Q) .. Q. E Q (.) .. J:l - "' :l :;;; E .2 r\j ..,. lJ) lJ) - ~ "' ::> .Q " LL .... .... '" co E o ""lL ,".-,~ ~ CI.l'~: l8Q..'~' ,'.' .<- l ~ '$' " -. I''", ~.:.... ~ "m'~-""~'-'f: The Bank of New York, as Trustee under In The Court of Common Pleas of The Pooling and Servicing Agreement Cumberland County, Pennsylvania Dated as of August 31, 1997, Series 1997.C Writ No. 2001-1237 Civil Term VS Tawney Lee Mutterspaugh and Martha K. Mutterspaugh Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on September 08, 2004 at 8:02 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tawney Lee Mutterspaugh and Marilla K. Mutterspaugh, by making known unto Tawney Mutterspaugh, personally and adult in charge for Martha Mutterspaugh, at 21 Gutshall Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Michael Barrick, Deputy Sheriff, who being duly swom according to law, states that on October 26,2004 at 3:23 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tawney Lee Mutterspaugh and Martha K. Mutterspaugh located at 1032 Green Spring Road, NewvilIe, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly swom according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tawney Lee Mutterspaugh and Martha K. Mutterspaugh, by regular mail to their last known address of 21 Gutshall Road, Shippensburg, P A 17257. These letters were mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. This _ day of So Answers: /",-~~~~ R. Thomas Kline, Sheriff B~J~ku1{" Real Esta Deputy Swom and subscribed to before me 2004, A.D. Prothonotary j, ii, ~~, ;ill~~~jjEiyj-,j,~~~~':r&~~I~O<d'-E~tt,,;.j.'i"'i~~~4i"'~~lf;~",llim1l~UiMMI/!llilliiWi!i&1.~iallitIt ~)-~ I 1 cf~ . ,',' '..,= ,- ,~~ ^ .~ c...s ~ ~ ~, '. ,., '~,",,"'--'".'- 111'iii:i;a.HlliJ.l~i!:itJ!.wJ o c -otD \}:~~ q-,i, ~j~j ~ ;P'l:; Zn S'C: .-;--1" :2 ';;;?, "'" .;r:- ::T- O 4::: 1'-) J,.- -, ,~ ,-"" ""- -0 ::v:. r;:> z;;- ... ~ .--4 -r f.;~ -orrl6 .0 b :74",\ B:!J ..~o ~-rn 9, <0 ::<: ~ "i_'~~'- ""~ J _ N--~'- ,~~ " ~ , .......... ,~ .. ~~. ~lwi&iiOOt~W'".' (,I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: o / ~ /,),37 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HomeO Serv Com fka The Money Store is the grantee the same haying been sold to said grantee on the 8th day ofDec A.D., 2004, under and byyirtue ofa writ Execution issued on the 17th day of Aug, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 1237, at the suit of Bank of New York Tr against Tawney Lee Mutterspaugh & Martha K is duly recorded in Sheriffs Deed Book No. 267,'"Page 1375. IN TESTIMONY WHEREOF, I have hereunto set my hand 1 r 7i't seal gf said office this g{,u day of _ Recorder of Deeds ,- "- , '''~ ,----'~~I - ~.;"' ~: I. , .~ I", ~hlii~ '~~.j;;3r~~t ,. The Bank of New York, as Trustee under In The Court of Common Pleas of The Pooling and Servicing Agreement Cumberland County, Pennsylvania Dated as of August 31, 1997, Series 1997-C Writ No. 2001-1237 Civil Term VS Tawney Lee Mutterspaugh and Martha K. Mutterspaugh Jason Viora!, Deputy Sheriff, who being du1y sworn according to law, states that on September 08, 2004 at 8:02 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tawney Lee Mutterspaugh and Martha K. Mutterspaugh, by making known unto Tawney Mutterspaugh, personally and adu1t in charge for Martha Mutterspaugh, at 21 Gutshall Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpt. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 26,2004 at 3:23 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tawney Lee Mutterspaugh and Martha K. Mutterspaugh located at 1032 Green Spring Road, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being du1y sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tawney Lee Mutterspaugh and Martha K. Mutterspaugh, by regular mail to their last known address of21 Gutshall Road, Shippensburg, PA 17257. These letters were mailed under the date of October 07, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Mark J. Udren for HomeQ Servicing Corporation fi'k!a DBA The Money Store. It being the highest bid and best price received for the same, HomeQ Servicing Corporation fi'k/a DBA The Money Store of One Old Country Road, Suite 375, Carle Place, NY 11514, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1081.91. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 21.21 15.00 15.00 30.00 10.00 .50 ,~"""'. ~d J . _r I ~~ ~ " Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed u " . = . -;liilU'"~ _':"'!:l1l~~!, 1.00 23.68 15.00 30.00 418.85 376.75 3D.42 25.00 39.50 $ 1,081.91 Sworn and subscribed to before me So Answers: This 2(;~dayof C+"'A' ~~#~ (2 7 ~ R. Thorn. as Kline, Sheriff 2005, A.D. -:It""> () Yk, ##" ), ~ . ~ r thonotary BY U. Real Estat eputy IJy.A- . C/- JbUV I.bi) U<.., LJ ~ -; cr ;l. 0~ /5'1 '7I:'S ~=< - ~~-~ ~~ """ ~, .... ",Ju, ~. """~-- .~, ~ , UDRENLAW OFFICES, P.C. BY: Mark J. Udren, Esquire AT.TY LD. NO. 04302 WOOD CREST CORPORATE CENTER J.H WOODCRESTROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series J.997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K, Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C, 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: 1032 Green Spring Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Tawney Lee Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None ~~~ . .-1 ,-, t~ L .~ ~~" '~-,:J t 4. Name and address of the lapt recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Blazer Consumer Discount Company Address to follow Citifinancial, Inc. 1 Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 1032 Green Spring Road Newville, PA 17241 Anthony T. McBeth, Esq. 407 N. Front St. Cameron Mansion Harrisburg; PA 17101 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 falsificat' to authorities. UDREN DATED: August 12, 2004 Mark J. U en, ESQ. Attorney for Plaintiff ."~~ , I~ .........."-"~ ~ ~'" . '"^itl~~ , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 NO. 01-1237 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney1s fees. you may call: (856) 669-5400. mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also 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.) ,~ . . I ~, J . .. ~- ~ """'-' '....fI !l!'_.;, . YOU MAY STILL BE ABLE TO SAVE'YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. 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 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the OWller of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 1. 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 IJj.WYER 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 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249_3166 or 800-990-9108 ~' . dL_ ,J.' ~~'~.~..J- .~~_, ~ .'~ .b - ~""",,^, ,~ - .m,...;;,,;j,'Wjt'~b' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York, as Trustee under the Pooling and Servicing Agreement dated as of August 31, 1997, Series 1997-C One Old Country Road, Suite 429 Carle Place, NY 11514 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tawney Lee Mutterspaugh Martha K. Mutterspaugh 1032 Green Spring Road Newville, PA 17241 01-1237 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tawney Lee Mutterspaugh 1032 Green Spring Road Newville, PA 17241 Your house (real estate) at 1032 Green Spring Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $133,894.89, 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 THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay, you may call: (856)-669-5400. 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.) - ,'" J ",-J ,""-~ ~~~ .........- --- d.o'"=~,.,:" .' 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 856-669-5400. 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 856-669-5400. 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 paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 :'~L"""""'" ~ . ""I ;..J....... J ""'~~, . - ., -0< ~ "'1!~",\; j ALL THAT CERTAIN TRACT OE PARCEL O.F LAND SITUATE IN NORTH NEWTON TOWNSHIP, cmmERLAND COllNTY, PENNSYLVANIA, BEING LOT NO 1 ON SUBDIV.ISION PLAN OF ROBE1l.T HtJTTERSPAUGR, SAID PLAN BEING RECORDED IN THE OFFICE OF RECORDER OF DEEDS, OF CIDmERLAND COtrNTY, PENNSYLVANIA IN PLAN BOOK , PAGE HORE FtrLLY BOUNDliiD AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A RAILROAD SPIKE IN THE CENTER LINE OF PA. ROUTE 641, AT CORNER OF OTllER LANDS NOW OR 'FORllERLY OF ROBE1l.T lIouuJilRSPAUGR; THENCE BY SAID LANDS SOUTE 26 DEGREES, '56 IIDrUTES, 53 SECONDS BAST, 594.45 FEET, TO, AN IRON PIN IN LINE OF LANDS NOW OR Ji'ORllERLY OF JOHNW. NOLT; THENCE BY SAID LAND OF NOLT, SOUTE 42 DEGREES, 56 IIINUTES, 37 SECONDS WEST, 147.91 FEET, TO AN IRON PIN, AT CORNER OF LANDS ,NOW OR FORllERLY OF BDWARD A.' XELLEY; TElENCE BY SAID LANDS OF KELLEY, NORTEI 27 DEGREES, 43 IIINUTES, 52 SECONDS WEST, 676.98 FEET, TO A :RAILROAD SPIKE :tN TElECERTER OF PA. ROUTE 641; TElENCE lIY THE CENTERLINE OF SAID ROAD, NORTEI 75 DEGREES, 05 IIINlITES, 53 SECONDS EAST, 151.48 FEET, TO A RAILROAD SPIKE, THE PLACE OF BEGrNNING. CONiAINING 2.0.965 ACRES PURSUANT TO SAID SUBDIVISION. TOGETHER WITEI AN BASElII!N't: FOR A SEWAGE DISPOSAL SYSTEIi: DESCRIBED AS 'FOLLOWS I BEGINNING AT A POINT ON LINE OF .LANDS NOW OR FORllERLY OF EDWARD A. XELLEY; TElENCE SOUTH 27 DEGREES, 43 IIINUTES, 52 SECONDS EAST; 22.89 FEET,TRENCE TElE FOLLOWING COURSES AND DISTANCES; SOUTH 33 DEGREES,D5 HINUTES,04 SECONDS WEST,132.97 l'EET; SOUTH 81 DEGREES, 07 KINUTES; 10. SECONDS EAST, 32.39 FEET; SOUTH D.81)EGREES, 52 IIINUTES, ,,sDSECONDS WEST, 10.0..00. FEET; NORTEI 81 DEGREES, 0.7 IIINUTES, 10 SECONDS WEST, 120.00' l'lllET.; NORTIl 08 DEGREES, 52 IIINUTES, '50 SECONDS EAST, 100..0.0 FEET; ;SOOTa 81 DEGREES, 07 IIIHtrTES 10. SECONDS EAST, 65.68 FEET; NORTEI 33 DEGREES, 0.5 MINUTES, 0.4 SECONDS EAST, 153.10 FEET, TO A POINT T!1;E PLACE OF BEGnmING. SAID BASElIEIilT TO Rmr WITIl TElE LAND AND TO 'EX'l'END TO TElE HEIRS, 'EXECUTORS ADMINISTRATORS AND ASSIGlfS OF THE GllANTEES HEREIN AND TO liE trSED FOR THE CONSTRUCTION AND IlAINTENlINCE AND OPERATION OF. AN., ON LOT SEWAGESYSTEIl. TO SERVE TIlE LANDS IlEREBY CO:"VJ5UilJ. BEING KNOWN AS: 1032 GREEN SPRING ROAD, NEWVILLE, PA 17241 PROPERTY ID NO. : 30-08-0597-044 TITLE TO SAID PREMISES IS VESTED IN TAWNEY LEE MUTTERS PAUGH AND MARTHA K. MUTTERS PAUGH , HIS WIFE BY DEED FROM ROBERT F. MUTTERS PAUGH AND RUTH C. MUTTERS PAUGH , HIS WIFE DATED 6/6/89 RECORDED 6/12/89 IN DEED BOOK 2-33 PAGE 713. ^~~ . ~ ~ _",,,,,,J j . ~ ~. ---~ .v ~' ~-illi: .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1237 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 31,1997, SERIES 1997-C, Plaintiff (8) From TAWNEY LEE MUTTERSPAUGH AND MARTHA K. MUTTERSPAUGH, (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $133,894.89 L.L. $.50 Interest FROM 6/24/04 TO DATE OF SALE 12/8/04 - PER DIEM @ $28.05 - $4,712.40 Atty's Corum % Due Prothy $1.00 Atty Paid $125.92 Other Costs Plaintiff Paid Date: AUGUST 17, 2004 CURTIS R. LONG (Seal) prothon;i e ~ ~: /JQ/t- (J. . "'/l/J../ 'l.t ,;- Deputy REQUESTING PARTY: Name MARK J. DUREN, ESQUIRE Address: UDREN LAW OFFICES, P.e. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SIDTE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 fNi'~~'{~-""I;""'i1i"~illll;'lY",j'll@!!Jelist1*I>'&ilfk'*;~'"I~d<t'C.,,,"m1>'>;,j""""",&,"",~~~~iM;illM_""""""~' ~~: , -.- ,",' ,~,."" '. . Real Estate Sale #40 On September 01, 2004 the Sherifflevied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA K..110wn and numbered as 1032 Green Spring Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2004 By: rJ~A I M. \ ,~ A ;-11/ Real EsrJJI>e;~1 ~ ~ ~. ","'! "1! SNIOd \ \ ::~ \: .'\. /:.. ",: \"f (\ ;',' ~, ',1 hn. ! ';S S t \ ~n~ ^ifill;~ ~' ~~liI:lh"; ,1 i I,~ ... . ,: ~'\ J . ,,:,:jjO '1'-"'"'^''''' "'0.. _. .".~,~,",_,>_"<,, ~__,'~. r, ,_,~,~"' __~..~_w,,~~,~ >, "~V,. "" ~ ' '"" -:~~JlEAL ~J"It: SALE NO:40 ,=~ ~ ~ wm\~o. 2Olt1-1231 ~::~~;~t~rn~:'v:;;"~S ~UUS(ei! t!~r me poORng8nd ~':'._=~ iic;[n$l~~J!'"'"t dated 8S of =-- . Aii" :n 1997 ~ -=:=~'- -::t.;; l'997-C ~~eyL8ii M~pati9l\ana.- .....~ K.lilirttersJl8ugh ~-/~~i~'!8r~ Ud,,;" ~~-: -:9~Jit~o~::, -- - - ~ ~ J:~~~~tractOr~clorland'- ~p m N'nrtnN'ewton Township. CuinbeiIand _ """"Y. """"jl"ma;- 1>0' Lot No,.1 on ~---ni'IM~on p-1Wi~ oTXoOe~utterspa1igI1, said ~- -i1ii16efug-re&i1ilOO in1be-omce (IfReaJlderof ~ ill (wiiberland County, Pennsylvania in ~ J'a:e ~,l!IorefuTIybolmdedand .,.. IOUows,tOWit--'-''--- - - ~~Gatarailfoadspiketnthccenter ~ARoute64l, !!t \All1ler of other Ian& now ~ OOnnerlX of, 'R~ ''Mutterspaugh; thence by ~ ....-z6-d<gre<,. 56 _re.. 53 ~'east:;'S94,45ree4 ookloonpin in line of ;~~ now or fonneily of John W. Nolt; thence by ~oTN":t.,.;h 42 d<grees. ~6_. ~10COnds we;t. 147.91 feet. to an iron pin, at ~ _~ _'Ollands now or f"orm61y of Edward A. ~; thence by said lan& of Kelley, north Tl ~_~~ 12 """" w"c 676.91l ~i_~,t<? a ra!lroad'spi"ke in the centerofPA Route .:~1bence 111 ,the ~rline of said road. north c~~ 05 minutes, S3 seem east. 151.4-8 cJm;1JJ.--' ""'"'" '!ftko.!he Place of m;!NNING. ' ~G. 2.0965 acres pursuant to Wi ~vision._-- . .,;=::~ -Wlth an easement for a sewage ~systemdescnoooasfolfuws: ~.~atapointonlineoflan.dsno.....or . ~l'Inh of Edward A. Kelley; tlience south 27 :,:i:Jecttts.. 43 minutes, ,; seconds east."'22.89 feel, ~ the fonowing ~$ and di$tanm; sooth =n rt,.IJTf't',~p-05 minutes, 04 seoonds west, 132.97 '{,~~1. de'p$" 07'minutes. 10 secOnds .~ 11 'Wr~uth 08 ifigrets, 5'2 minutes, m ,_", w"U!lII.!lII Tiel; oorth III d<grees. rn ';-;LWIl\!.,~IO secQUd$'west,'liO.OO !eet; ll.orlb 08 t:o:tiqIee5. SZ.mi.iu!.tes, so seconds east. 100.00 feet; l;iI<m!IL:n.....rn nUn",,, 10 """" east. ~ feel; ni)JJh13~~J. O~ muteS. 04 ~~"",_m,IOJ"'''''1fpoiht iDe Pfuce or ~--- ~ ~- ~otuh'Wilh1hetandandtoextend ~llf~ff1i~aa:.mlmsl~~aliilassigns ~1te gj'ii1tees- ben4n -and to be used lor the ~dionand~aD:doperationofan ;--cm lot seWazt ~titn to sen'e the laruh hereby ~tNlJWN AS:!03! Green Spring Road. . ~c.NeWVlUe, fA ~1. - : PRUn.Kd 1ll f:m:.tlll'0597.(!44, =tt!llo~d ~ b.-l in Town<)' ~ ~"ilj,..",\\I.aLiDd- tr, Mi1l,mpaugh. bi, ~ br dmI_ Robert F. Mul1mpaogh .00 f'lliitI\ C. M!!\1e~,patlgl\. m. wili:. duted 6I6IIl'J !c ~&'I1IIl!11n1JeOO BooJ;2,1JPase 713. -- --- --- ~ , t . , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a cOIporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26thday(s) of October and the 2nd day(s) of November 2004, That neither he nor said Company is interested in the subject matter of said printed notice 01 advertising, and that all ofthe 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 directo~~,.of the sai!! CotppllflY and sub~equently duly recorded in the office for the Recording of Deeds in and fors~{d:County 6f Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#40 Sworn to and subscribed before me 04 A.D. NOTARIAL Terry L. Russell, Nol Oly 01 Horrlsburg, Do My Commission expires June 6, 2~ AR! PUEL! Mambar, Pann.ylvanl.As.oc~lI!IAllM.on expires June 6, 2006 . I CUMBERLAND COUNTY SHERIFFS OFPICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 f . r Statement of Advertising Costs To THE PATRIOT-NEWS CO. Por publishing the notice or publication attached hereto on the above stated dates 376.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By.......................................,............................ .",........._ 1_" .~ "~ ." "~ L ~ ~ lli''l!l :l;,t-' till' ..!....' -'1IS'l'M>B___..40 Wrtt No. 2001-1237 Civil The Bank of New York, as Trustee under the pooling and servicing agreement dated as of Aug. 31, 1997 Sertes 1997-C vs. Tawney Lee Mutterspaugh and Martha K. Mutlerspaugh Att;y.: Mark Udren ALL TIfAT CERTAlN tract or par- cel of land situate in North Newton Township, Cumberland County, Pennsylvania, being Lot No 1 on Sub- division Plan of Robert Mutters- paugh, said Plan being recorded in the Office of Recorder of Deeds, of Cumberland County, Pennsylvania in Plan Book , Page more fully bounded and described as fol- lows, to wit: BEGINNING at a railroad spike in the center line of Pa, Route 641. at comer of other lands now or for- merly of Robert Mutterspaugh; thence by said lands South 26 de- grees, 56 minutes, 53 seconds East. 594.45 feet, to an iron pin in line of lands now or formerly of John W. Nolt: thence by said land of Nolt, South 42 degrees. 56 minutes, 37 seconds West, 147.91 feet, to an iron pin, at comer of lands now or formerly of Edward A. Kelley; thence by said lands of Kelley. North 27 degrees. 43 minutes, 52 seconds West. 676.98 feet. to a railroad spike in the center ofPa. Route 641; thence by the centerline of said road, North 75 degrees, 05 minutes, 53 seconds i East. 151.48 feet. to a railroad spike. the place of beginning. CONTAINING 2.0965 acres pur- suant to said subdivision. -1UUETHl!;I{ W1Uian ea'SemefirIOf a sewage disposal system descrtbed as follows: BEGlNNING at a point on line of lands now or formerly of Edward A. Kelley; thence South 27 degrees, 43 minutes, 52 seconds East, 22.89 feet, thence the following courses and distances; South 33 degrees, 05 minutes, 04 seconds West. 132.97 feet: South 81 degrees. 07 minutes, 10 seconds East, 32.39 feet;, South 08 degrees, 52 minutes, 50 seconds West, 100.00 feet; North 81 degrees, 07 m1nlOt€s. 10 seconds West, 120,.00 feet; North 08 degrees, 52 _utes, 50 seconds East, 100.00 feet; South 81 de- grees, 07 minutes 10 seconds East, 65.68 feet; North 33 degrees. 05 minutes. 04 seconds East, 153.10 feet, to a point the place of begin- ning. Said easement to run with the land and to extend to the heirs. exec- utors administrators and assigns of the Grantees herein and to be used for the construction and mainte- nance and operation of an on lot sewage system to serve the lands hereby conveyed. BEING KNOWN AS: 1032 Green Spring Road. Newville. PA 17241. PROPERTY ID NO.: 30-08-0597- 044. TITLE TO SAID PREMISES IS VESTED IN Tawney Lee Mutters- paugh and Martha K. Mutterspaugh, his wife by Deed from Robert F. Mut- terspaugh and Ruth C. Mutterspaugh. his wife dated 6/6/89 recorded 6/ 12/89 in Deed Book 2-33 Page 713. {~'-lil.:rtl' ~ k. !-"". - -~ , - '" l-,~ " ~~- . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 8, 15,22,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S TO AND SUBSCRIBED before me this 22 day of OCTOBER 2004 NO A LSEAL LOiS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005