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Home My WebLink About03-2146 MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 'CHERRY HILL, NJ 0803% 856-482-6900 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION · Cumberland County COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRALSERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 notificacion. Hace falta ascentar una comparencia escrita o la persona o con un-abogado y entregar a la corte.en forma escrita en ' SUS defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas ¥ puede continuar la demanda en contra suya sin previo aviso o 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 o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-'249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (S56) 482-6900 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: Homecoming Financial Network, Inc. Assignments of Record to: Bank One National Association, as TruStee , Recording Date: 4/19/02 Book: 686 Page: 2499 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: 168 West Middlesex Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Middle Township COUNTY: Cumberland DATE EXECUTED: 10/18/00 DATE RECORDED: 10/26/00 BOOK: 1647 PAGE: 667 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. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of (b) principal and interest when due in the amounts indicated below; by failing or refusing to pay other charges, if any, indicated below. o 4/18/03: The following amounts are due on the said Mortgage as of Principal of debt due npaid ~ntqrest at 12.125% rom 12/01/02 to 4/18/03 (the per diem interest accruing on this debt is $43.08 and that sum s~ou~d be added each day after 4/18/03) Title Report Court Costs (anticipated, excluding Sheriff,s Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $204.99 and that sum should be added on the first of each month after 4/18/03) Late Charges '(monthly Iate charge of $68.14 should be added in accordance with the terms of the note each month after 4/18/03) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $127,902.97 5,988.12 250.00 280.00 0.00 272.52 6 395.15 $141,088.76 7. The attorney,s fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff,s Sale. If the mortgage is reinstated prior to the sale, reasonable attorney,s fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner,s Emergency Mortgage Assistance Program, Act 91 of 1983 and N~tice 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 appearin9 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 $141,088.76 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark 'J Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMB~ COUNTY, PEAT~SYLVANIA, BOUNDED AND DESCI{IBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF NORTH MIDDLESEX ROAD AT COP,/TER OF 'LANDS NOW OR FOP-M]~P. Ly OF CALDER CLEMSON; THENCE BY THE CENTER LINE OF SAID NORTH · MIDDLESEX ROAD, NORTH 84 DEGREES 30 MINUTES EAST 323 FEET, MORE OR LESS, TO CORNER OF LANDS NOW OR FORMERLy OF GEORGE HINDA; THENCE BY SAID 'LANDS NOW OR FORMeRLy OF .... . ,, '~'~u'.'=~ WSST 845 .FEET, MORE OR LESS, TO A P . OF I~I~DS NOW OR FORMeRLy OF'-" ............ . OINT IN LINE CALDER CLEMSON, SOUTH 86 1/2~'u~u=~ %;"~ON, THENCE BY SAID LANDS NOW OR FORMERLy OF · DEGREES WEST 338 FEET, MOPE OR LESS, TO A POINT; THENCE BY THE SAME, NORTH 6 1/2 DEGREES HAST 841.5 FEET TO A POINT, THE PLACE OF BEGINNING. ' Iraage Print Page 2 of 6 ACT 91 NOTICE TAKE ACTION TO SAVE'YOUR HOME FROM FORECLOSURE T~S sonc~.rs smrr ro You ~ ~ A~ ro coramcr rrm ~~ss ~~ ~o ~ ~ ~ ~~ OB~ ~OM y~ ~ B~'~ FOR ~ ~. ...... g -:~ ~ ...... 'm~ ~ ~ NO~ON ~ ~ ~ DE ~ ~gT~.~ ~S ~TA ~U ~~ A C0~ ~0 ~ BU C~A ~1 ~0 C0.~E EL C0~ DE E~TA N~C~N D~CH0 A~ TO: Tamara F. y~ 16g W~a~ M/ddte~m Dtiw C~d~e, PA 17013 16~ W~nt Middling; Driw Oadi~ PA 17013 EXHIBITA Image Print Page 3 of 6 HOMEOWNERS, EMERGENCY MORTGAGE ASSIfffANCE PROGRAM · YOU I~Lt.Y ~~iC.£ IF YOU COMPLY !AqTI{ ~ PROVI~tOI~ ~ ~ ~~'S ~O~ ~T~ ~N~ ~ OF l~ ~ ~T~, YOU ~y IF YOUR DEFAULT ~ BEEN CAUSED BY CIRCUMSTANCES BEYOND YC~'R CONTROL. IF YOUHAYt/A ~ABLt5 PRDI/PF.~ OF ~ ABLE TO PAY YOLI~ MORTGAGIi PA~S. A1Nq) IF YOUME~? ~ ELIaIBIUrY p,E.~ ESTABLISttED BY THB PENNSYLVANIA HOU~qG FIN-A~CI~ AOk'NCy Image Print Page 4 of 6 ALL CO~NDENCE REGARDIEVG PHFA ~~¢E sTIOUII) BE FORW~D~ TO YOU ~ ~ YOI~~NPRO~Y. ~ YOU PROCE~ AG~T YO[~ HO~ ~~L'Y ~ YO~ ~PLI~A~O~ FOR M~TGAGE ~T~CE ~BE NO~ ~ YOU ~ C~y ~~ H~V TO ~ YOU~ MORTGAGE D~A[~T IS ~~y ~ D~LT ~: YOU ~ ~ :~H ~y MOR~ ~u.~ly pa]anenla fr~ 01/01/03 to O~Dl,q~3 totaling: O~ f~s ~ co¢~ (in~iudi~ NSF ~s 4.,7~3,07 136,28 N~A N~i~ B~ PA~ ~ T~ ~ D~ TO ~ ~ ~ ~ $~PL~ ~ M~Y~AOE PA~ ~ ~ ~ ~H BE~ ~ ~;~O ~ ~.~ ~0) DAY YOU ~ NOT ~ ~ D~AL~ - ~ ~ ~.~e ~ ~ ~ ~TY ~ ~YS ~ ~ ~ 'Image Print Page 5 of 6 ~ ~lt ~11 ~ ~ 1~~ y~ TO 8~ ~ ~O~TY TO O~T~ MO~y TO PAY O~ ~ MOR~ D~T ~ ~ BO~OW ~y ~%{ ~ ~O ~~,' TO PAY OFF ~S DEBT. TO tL&VE THi~ DEFAU~,T CtrI~ED BY ANY THIRD PARTY ACTING ON YOUR BEHALF~ 'Image Print Page 6 of 6 TO ASS[JR? ~ NONqD(BTENCS OF A DBFAUL~ IN ANY FOKE~UR~ PRIDING OR .AN~- OII~R I.A%~%q'JIT IN~TrI~ED IJN-D~R THE MORTGAGE TO ASSET A~xUf OTHER DI/F~-Sl! YOU :BELIE%~ YOU MAY HAVE TO SL~H ACTION B'Y ~ LENDEFc TO SEEK PROTECTION UNDER TIlE FF~ BANKRUPTCy LAW, YERI F I CAT I ON 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. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2003-02146 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NATIONAL ASSOCIATION VS YOST TAMARA R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOST TAMARA R the DEFENDANT at 168 WEST MIDDLESEX DRIVE , at 0915:00 HOURS, on the 9th day of May CARLISLE, PA 17013 by handing to TAMARA YOST a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 45 00 10 00 00 31 45 Sworn and Subscribed to before me this /~ day of ~76~L3 A.D. ! P~othonotary- So Answers: R. Thomas Kline 05/12/2003 MARK UDREN By: MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINOS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank One, National Association, as Trustee Plaintiff Tamara R. Yost Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-2146 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: June 13, 2003 MARK J. UDREE[ & ASSOCIATES VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are tree and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Name: STEVE GERTHS Title: ASSISTANT VICE PRESIDENT Company: Homecomings Tamara R. Yost Loan#0400329058 MJU#03040376 M~RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2146 PRAECIPE FOR JUDGMENT FOR FAILURE TO A~ISWER AND AESEE~ OF DAMAGER TO THE PROTHONOTD~Ry: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff,s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff,s damages as follows: As set forth in Complaint $141,088.76 Interest Per Complaint 2,412.48 From 4/19/03 to 6/13/03 Late charges per Complaint 68.14 From 4/19/03 to 6/13/03 Escrow payment per Complaint 9~Q~.98 From 4/19/03 to 6/13/03 TOT/LL $3~79.36 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MAR.~ & ASSOCIATES ~<k/J. Cd{em, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICTED · ~,~%~ PRO PROTHY c7~ 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 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant (s) ATTOPd~EY FOR PLAINTIFF cOURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2146 PRAECIPE FOR 4uDGMENT FOR FAILURE TO TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(S) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $141,088.76 Interest Per Complaint 2,412.48 From 4/19/03 to 6/13/03 68.14 Late charges per Complaint From 4/19/03 to 6/13/03 ~Q9~9~ Escrow payment per Complaint From 4/19/03 to 6/13/03 TOTAL ~143 .~9.3~ I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. & ASSOCIATES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS h,~ INDICTED · ~RO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 0%302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 896-482-6900 Bank One, National Association, Trustee Plaintiff as Tamara R. Yost Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-2146 DATED: TO: June 2, 2003 Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTAiTT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTA/~TES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LL/LME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERP~AL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR .AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. M~RK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHER~Y HILL, NJ 08034 856-482-6900 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTG~%GE FORECLOSURE Vo Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) i NO. 013-2146 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF MINNESOTA COUNTY OF DAKOTA SS 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 Americ, or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as mended., and that the age and last known residence and employment of each Defendant are as follows: Defendant: Tamara R. Yost Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed before me this day z)' of /7~3(, 20 ~3 N~tary Public Name: STEVE GERTHS Title: ASSISTANT VICE PRESIDENT Company: Homecomings MAP~K 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 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2].46 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From ~/~4/03 to Date of Sale D~D~b~Q3 Per diem @$43.08 (Costs to be added) $143~979.3~ MARK J. UDREN & ASSOCIATES t/Ma~~d~en, ESQUIRE ATTORNEY'FOR PLAINTIFF MAR/( 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 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant (s) ATTOP~NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2146 CERTIFICATE 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: ) ) ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of Sec. 4904 relating to unsworn falsification to authorities. 18 Pa. ~REN &~ASSOCIATES ~M//ark/ J~ ~ren, ]~SQUIRE ATTORNEY FOR PI~%INTIFF MAI~K J. UDREN & ASSOCIATES BY: ~ark J. Udren, Esquire A~TY I.D. NO. 04302 1~40 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF CO~ON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2146 AFFIDAVIT PURSUANT TO RULEi 3129.1 Bank One, National Association, action, by its attorney, Mark J. the Praecipe for the Writ of information concerning the real property located at: Drive, Carlisle, PA 17013 as Trustee, Plaintiff in the above Udren, ESQ., sets forth as of the date Execution was filed the following 168 West Middlesex 1. Name and address of Owner(s) or reputed Owner(s): Name Address Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 15'013 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 record: Name Address of every mortgage of Plaintiff herein. See Caption above. 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 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 168 West Middlesex Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. EOREN & ASSOCIATES DATED: June 13, 2003 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 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff Vo Tamara R. Yost 168 West Middlesex Drive carlisle, PA 17013 Defendant (s) : ATTORNEY FOR pLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION cumberland County MORTGAGE FORECLOSURE NO. 03-2146 TO: Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at 168 West Middlesex Drive, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's sale on December 10, 2003, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle,PA, to enforce the court judgment of $143,979.36, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. To prevent this Sheriff's Sale, you must take ~%ia~ 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney'S fees. Co find out how much you must pay, you may call: ~ 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-) ~~roperty will be sold to the 1. If the sheriff's Sale is not stopped' your . 856-482-6900' highest bidder- you may find out the priCe bid by calli~ able to petition the Court to set aside the sale if the bid priCe value of your property- you may be compared to the . e sheriff the full amount 2. inadequate .~ the buyer P:~S~all 856-482'6900' was grossly ~1 ao through. °n=lY~Z~aDDened, you ma; 3. The sale~out if thxs ~a .... the sheriff, you will re~ain due in the sale. To z~-- Buyer is not paid to 4. If the amOUnt due from the happened- ri h the owner of the property as if the sale never you have the_ ~%riff gives a dee~ ~ ~e buyer- At that time, the buyer . 'd for your houSe- . ~'the Sheriff and=~s to eviCt you. -- money whiCh w~S P~ed by the sheriff - . e - - - = to a share o~ t~v~our h~)use w~ll De be receiving that may bring £ ~ ~ .may be entlt~e~ money bid =or x state whO will exceptions schedule A schedule dayS after the paid out in within 3~he money will~distributi°n is wrong; =~ ' (reaSOnS why .... of DistributiOn is filed- your (10) days after Schedule you ~aY also have other rights and defenses, or wayS of getting 7. = ~_,ediately after the sale. ~- yOU DO NOT HAV~ A L~WYER OR OU sHOULD =~__ ~OT County Bar Association Cu~erlan~ Liberty AVenue carlisle, PA 17013 717-249-3166 800.990-9108 AssoCIATION DE LicENCTD~OS DE FI~ELFIA county Bar AssociatiOn cu~erlan~ Liberty Avenue carlisle, PA 17013 717-~49-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2146 Civil CIVIL ACTION - LAW coUNTY OF cUMBERLAND) TO THE SHERIFF OF CU1MBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff (s) From TAMARA R. YOST (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) Youare als° directed t° attach the pr°petty °f the defendant(s) n°t levied up°n in the p°ssessi°n 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 prope~ty of the defendant (s) or otherwise disposing thereof; ' e defendant s not levied upon an subject to attacl~r~ent is found in the possesston (3) If property of th ( ~ . -' - A tn natifv hirodher that he/she has been added as a of anyone other than a named garmsnee, you are o~recte ........ -~ garnishee and is enjoined as above stated. Amount Due $143,979.36 L.L. $.50 Interest FROM 6/14/03 TO DATE OF SALE 12/10/03 - PER DIEM ~ $43.08 - $7,754.40 Due Prothy $1.00 Atty's Comm % Arty Paid $113.45 Plaintiff Paid Date: JUNE 17, 2003 (Seal) Other Costs CURTIS R. LONG Deputy REQUESTING pARTY: Name MARK J. UDREN, ESQUIRE Address: MARK J. UDREN & ASSOCIATES 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 Bank One, National Association, as Trustee VS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2146 Civil Term Tamara R. Yost R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark J. Udren. Sheriff's Costs: Docketing 30.00 Poundage 400.00 Posting Handbills 15.00 Advertising 15.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Law Journal 232.85 Patriot News 263.20 Share of Bills 28.90 $1028.35 paid by attorney 11/20/03 Swom and subscribed to before me ~ ~,~ Thiscf~ day of~~ R. Thomas Kline, Sheriff 2003, A.D. (',,./k,ff~_ t~. ~t,~. ~fi~BY ,fl0~t~ Prothonotary Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst, Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, 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 Mamh 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 their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advert/sing, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~~ PUBLICATION .................................... COPY Sworn t a(~ubscribed before.~this 19th da~ No/~ber 2003 A.D. Tef~ L. Rus.~l, Notary Pu/~ic ~ Of Hardsburg, Daup~ County My Comrnission Expires June 6, 2006 r.. ~ber. Pe~.sy~erdaAssoda~:~O~N0~s My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 263.20 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE SALE NO. 2 Writ No 2003 2146 Civil Bank One, National Association, as Trustee Tamara R. Yost Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in Middlesex Township. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the cen- ter line o[ North Middlesex Road at comer of lands now or formerly of Calder Clemson; thence by the cen- ter line of said North Middlesex Road. North 84 degrees 30 minutes East 323 tket, more or less, to cor- ner of lands now or formerly of George Hinda: thence by said lands now or formerly of George Hlnda and lands now or formerly of Ray- mond A. and Gladys I. Smyser. his /L)sa~Marie Coyne, Edttor SWORN~O AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Notary Puldtc lay Coatmlsaion F-.~lres Idamh 5, 2005 ter line of said North Middlesex Road, North 84 degrees 30 minutes ncr of lands now or formerly of George Hinda: thence by said lands now or formerly of George Hinda and lands now or tbrmerly of Ray- mond A. and Gladys I. Smyser, his wife, $our. h 05 d~grees 30 minutes West 845 feet, more or less, to a point in line of lands now or for mer[y of Calder Clemson; thence by said lands now or lbmnerly of Calder Clernsom South 86 1/2 degrees West 338 feet, more or less, to a point: thence by the same, North 6 1/2 degrees East 841.5 feet to a poklt, the place of beginaing. BEING KNOWN AS: 168 WEST MIDDLESEX DRIVE, CARLISLE, PA 17013. PROPERTY ID NO,: 21-06-0017- 018. TITLE TO SAID PREMISES IS VESTED IN Tamara R. Yost, single person by Deed from Vicky S. Caffrey and Kathy A. Porter, Executrices of the estate of Nile Srllyser, deceased dated 10/18/00 recorded 10/26/00 Book 232 Page 398. 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 Bank One, National Association, as Trustee Plaintiff Vo Tamara R. Yost ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS -CIVIL DIVISION i Cumberland County i NO. 03-2146 Defendant : PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJ73DICE, upon payment of your costs only. DATED: ~a¥ 27, 2004 Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff