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Home My WebLink About03-2652HARK 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 Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 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 REFERRAL SERVICE 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 si~uientes, usted tiene veinte {20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita 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 y 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 TIENEABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O 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 Hability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 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 Assignments of Record to: The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D Recording Date: 12/23/98 Book: 598 Page: 750 21 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: 103 Sholly Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Allen Township COUNTY: Cumberland DATE EXECUTED: 11/24/97 DATE RECORDED: 12/03/97 BOOK: 1420 PAGE: 120 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 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 05/16/03: Principal of debt due Unpaid Interest at 11.99% from 12/01/02 to 05/16/03 (the per diem interest accruing on this debt is $8.68 and that sum should be added each day after 05/16/03) 955.20 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly gate charge of $38.39 should be added in accordance with the terms of the note each month after 05/16/03) 268.73 Corporate Advance 898.18 Attorneys Fees (anticipated and actual to 5% of principal) 1,321.73 TOTAL $30,408.48 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 Notice of Intention to Foreclose under Act 6 of 1974 has been $26,434.64 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 $30,408.48 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, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 /~ T~A~ C~:RTAIN piece or parcel of land, situate in Upper Allen Township, CUmberland County, Pennsylvania, bounded and described according ~:o a ~lan of Lots known as Spacious Acted, Section fi-A, drawn by W~.ll£am B, Whittock, Professional Engineer, dated 11, 1968 arid recorded in Cumberland County Pl&n ~ook 19, Page 74, as follows= BEGINNING ~t a Point in the eastern right-of-way line of Sholly Drive at Lc,t No. 1;' thence South 68 degrees 6 minutes S seconds ~ast 140.26 feet to a point at ~and now or formerly of ~arvey Miller; thc,nee by lands now or formerly of ~ervay Miller South 16 degrees 42 minutes West 91.24 fee= to a Point on the northern line of Lot 4; thence by Lot~ 4 and 3 North 62 degrees S~ minutes seconds We~.t 157.04 feet to a point ~n the eastern right-of-way li~e of Sh¢.lly Drive; thence by the eastern right-of-way line Sholly Drive in a curve to the 1ere ~d~ a radius of 453.8~ feet a d~stance of 77 feet to the arc to a point on the eastern right-of-w~y line of Sholly Drive at the southern line of Lot No. 1. BEING Lot NO. 2 on the Plan of Spacious Acres a~ recorded in Plan Book 19, P~ge 74. HAVING TH~.EON erected a dwelling house known as 103 Sholly Drive. DF785 PEGGY A LEYDIG 103 SHOLLY DR MECHANICSBURG, PA 17055 March 6, 2003 0081015091 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in defaul and the lender intends to foreclose. S cificinformationaboutthenatureofthedefauttis rovided in the attached a es. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 0tEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can hel ou ou must MEET WiTH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet v~'th the counselin a enc. The name, address, and phone number of Consumer Credit Counse]ine A~encies serving your county lis.~ted at t_hhe end 9f thins N.~otice. If ou have an uestions ou ma call the Perms lvania Housin Finance A enc toll fmeat 1-800-342-2397 ersons with im aired hean'n 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 contact 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 VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA.HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RED1MIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained w~'~e used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE EXH/BI~r ~ HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAy BE ELIGIBLE FOR FINANCIAL ASS TANCE 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 ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · YOU MEET OTHER ELIGIBILITY 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 for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. _ _T~IIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIV,~q 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 tele hone numbers ofdesi hated consumer counselin a encies for the count in which our roe is located are set forth at the end of thi~ notice. It is necessary to schedule only one face-to-face meeting. You should advise this lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this ,problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner s Emergency 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 apphcation MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. YOU MUST FILE YOUR APPLI ATION PROMPTLy. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELy AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY :ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your 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. THIS NOTICE CONTINUES ON THE NEXT PAGE NOTE: IF YOUA RE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have f'fled bankruptcy you can still apply for Emergency Mortgage Assistance. NATURE OF THE DEFAUI,T The MORTGAGE debt secured by your property located at: 103 SHOLLYDRMECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: c) Late Charges: $1,151.55 d) Recoverable Corporate Advances: $191.95 $891.74 e) Other Charges and Advances: $$0.00 0 Less funds in Suspense: $0.00 g) Total amount required as of (due date): $$2,235.24 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) _HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYI2NG THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $1,151.55 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 cash/er's check~ certified check, or money order made I~avable to: Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 2760%5066 You can cure any other default by taking the following action witkin THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 ~ YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of this notice, the lender/servicer intends to exerctse tts ngh~ to accelerate the mortea~e dr&t. This means that the etutre outstanding balance of this debt will be considered due immediately and you-may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon your morteaued orooet~ty. ~THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If thc lender/servicer refers your case to its attorneys, but you cure the delinqnancy before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys' fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred even if they are over $50.00. Any attorneys' fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If You cure the defa.lt within the THIRTY (30) DAY period~ you will not be required to pay attorneys' fees. ~THER LENDER/SERVICER REMEDII~ The lender/servicer 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 SI-II~I~_IFF'S SALt' If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, ou still have the ri ht to cure the default and revent the sale at an time u to one hour before the Sheriff's Sale. You ma do so b a in the total amount then ast due Ins an late char es other char es then due reasonable attorne s' fees d costs connected with the foreclosure sale and an other costs connected w~th the Sheriff's Sale as s crafted tn wntan b the lender/ rvicer and b rformin an other re uirements under the mort a e. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA'rE It is estimated that the earliest date that such Sheriff's sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. 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/servicer. H~OW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer Address Telephone Number: HomEq Servicing Corporation Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 1 - 800-795 -5125 EFFECT OF SHERIFF'S SAI,I~ You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION ~ MORTGAGE You may not seli~'~* transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 ~OU MAy ALSO HAVE THE RIGHT · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW 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 DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES 1N A CALENDAR YEAR; · TO ASSERT THE OR ANy NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; · TO ASSERT ANy OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; OR · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LEi'rER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES Colorado Collection agencies are licensed by the Colorado Collection Agency Board, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203. Please do not send payments to the collection agency board. Minnesota This collection agency is licensed by the Minnesota Department of Commerce. Nebraska Any credit insurance iSsued in connection with the loan contract may be canceled unleSs the borrower cures the default. New York Cit~ CoHectionAgency License: #1099500- North Highlands, CA (Main office) #1099501 -Raleigh, NC(Branch) #1099512 - Boone, NC(Branch) North Carolina North Carolina Department of Insurance Permit: #3677 - North Highlands, CA (Main office) #3676 - Raleigh, NC (Branch) #3675 - Boone, NC (Branch) This collection agency is licensed by the Collection Service Board, State Department of Commerce and Industry, 500 James Robertson Parkway, Nashville, Tennessee 37243 VERIFICATION 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. Ma~k ~. Udren, Esquire, ESQUIRE MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2003-02652 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS LEDIG PEGGY A DAWN KELL , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE LEYDIG PEGGY A DEFENDANT , at 2104:00 HOURS, at 103 SHOLLY DRIVE MECHANICSBURG, PA 17055 PEGGY LEYDIG a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 24th day of June by handing to the , 2003 - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 3~ ~ day of thonotary ' ' ~ So Answers: R. Thomas Kline 06/25/2003 MARK UDREN By: Deputy Sheriff MA~K J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 0%302 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-%82-6900 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D Plaintiff ATTORREY FOR pLAINTIFF COURT OF cOMMON PLEAS CIVIL DIVISION Cumberland County ]NO. 03-2652 Peggy A. Leydig Defendant(s) 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: July 29, 2003 MARK J. UDREN & ASSOCIATES ~orney for Plaint"i'ff Esquire 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 facts are true and correct to the best of information and belief of the undersigned. The undersigned understands that tlhis subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. and that those the knowledge, statement is made Section 4904 relating to Date: Peggy A. Leydig Loan ~81015091 MJU %03050399 MAR/( J. UDREN & ASSOCIATES BY: Mark J. Udren, Esguire, 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 Servicing Agreement Dated as . of November 30, 1997, 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Series Defendant(s) ATTOR/qEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESS~NT OF DAMAGE~ 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 Interest Per Complaint From 5/17/03 to 7/29/03 Late charges per Complaint From 5/17/03 to 7/29/03 $30,408.48 642.32 ~6.78 TOTAL 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. MARK J.~~OCIATES Mark J/. Udre~, Esquire, ESQUIRE '~A~&~r'ney for Plaintiff MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire, 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 Servicing Agreement Dated as of November 30, 1997, Series 1997-D Plaintiff Vo Peggy A. Leydig Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 03-2652 DATED: TO: July 17, 2003 Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A-ND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 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 PODHA, SIN NECESIDAD DE COMPAHARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTA/NTES. 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 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEET COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO EE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEET. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire, 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 Servicing Agreement Dated as of November 30, 1997, Series 1997-D One old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVTSION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF : : COU'NTY OF : 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 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: Peggy A. Leydig Age: Over 18 Residence: As captioned above Employment: Unknown ~ / ~ ~.~ Sworn to and subscribed ~ompany:/,~z~.~/i before me this day / ~-~ of ~.e_ '~ , 200%. / Notary PU]DllC MAR/( J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 0%302 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-%82-6900 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Vo Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ! CIVIL DIVISION . Cumberland County i MORTGAGE FORECLOSURE 'NO. 03-2652 De f endant ( s ) : TO: Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary ~ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY At this telephone number: - - MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, 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 Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION -Cumberland County i MORTGAGE FORECLOSURE 'NO. 03-2652 Defendant(s) : PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 7/30/03 to Date of Sale December 10, Per diem @$8.68 (Costs to be added) 2003 $ $31,127.58 1,163.12 MARK J. UDREN & ASSOCIATES Mark~UIRE MAP~ J. UDREN &ASSOCIATES BY: Mark J. Udren, Esqu/re, Esquire A'l~'f I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHEP~Y HILL, NJ 08034 856-482-6900 : The Bank of New York as Trustee Under the Pooling and ~ Servicing Agreement Dated as : of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff v. Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 Defendant (s) W~TT OF EXRuu~ION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 103 Sholly Drive Mechanicsburg (Upper Allen Twp.), SEE ?.Re=AL DESCRIPTION ATTACHED PA 17055 Amount due Interest From g~ to Date of Sale DecemBer 10, 2003 Per diem ~$8.68 (Costs to be added) $ By $31,127.58 1,163.12 Prothonotary Clerk Date The Bank COURT OF COMMON PLEAS NO. 03-2652 ..................................... of New York as Trustee Under the Poolin9 and Servicing Agreement Dated as of November 30, 1997, Series 1997-D Peggy A. Leydi9 WRIT OF EXECUTION ===================================== REAL DEBT $ 31,127.58 INTEREST $ 1,163.12 from 7/30/03 to Date of Sale DecemBer 10, 2003 Per diem @$8.68 COSTS PAID: PROT Y SHERIFF $ STATUTORY $ COSTS DUE PROTHY. $ PP. EMISES TO BE SOLD: 103 Sholly Drive Mechanicsburg (Upper AllenTw~.), Mar~ J 'MARK ~UIRE 1040 NORTH KINGS HIGHWAY SUITE S00 CHERRY HILL, NJ 08034 (856} 482-6900 PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2652 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND CO_,U~: To satisfy the debt, interest and costs due TI'E BANK OF NEW YORK AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 30, 1997, SERIES 1997-D From (0 (2) of Plaintiff (s) PEGGY A. LEYDIG, 103 SHOLLY DR., MECHANICSBURG PA 17055. You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 103 SHOLLY DRIVE, UPPER ALLEN TWP., MECHANICSBURG PA 17055 (SEEE LEGA LDESXRIPTOIN). You are also directed to attach the property of the defendant(s) not levied upon in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $31,127.58 L.L. $.50 Interest FROM 7/30/03 TO 12/10/03 ~ $8.68 PER DIEM -- $1,163.12 Atty's Corem % Due Prothy 1.00 Atty Paid $116.90 Other Costs Plaintiff Paid Date: AUGUST 1, 2003 (SeaO REQUESTING PARTY: Name MARK J. UDREN, Esq. Address: 1040 N. KINGS HIWAY, STE. 500 CHERRY HI~L NJ 08034 Attorney for: PLAINTIFF Telephone: (856) 482-6900 Supreme Court ID No. 04302 CURTIS R. LONG . M)~RK J. DDREN & ASSOCIATES BY= Mark J. Udren, Esquire, 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 Servicing Agreement Dated as : of November 30, 1997, 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) Series ATTORIFEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, 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: 103 Sholly Drive Mechanicsburg (Upper Allen Twp.), PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Peggy A. Leydig 103 Sholly Drive, Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address record: Name Plaintiff herein. PNC Mortgage Corp. Of America of the last recorded holder of every mortgage of Address See Caption above. 75 North Fairway Drive, Vernon Hills, Illinois 60081 5. Name and address of every other person who has any record lien on the property: Name Address Upper Allen Twp. 100 Gettysbur9 Pike, Mechanicsburg, PA 17055 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 103 Sholly Drive Mechanicsburg (Upper Allen Twp.), PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 29, 2003 MARK J. UDREN & ASSOCIATES Ma~SQ. M~K J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire, 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 Servicing Agreement Dated as : of November 30, 1997, 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Vo Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Series Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 NOTICE OF SHERIFF' S SA?.~ OF ~.a?. PROPERTY TO: Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Your house (real estate) at 103 Sholly Drive, Mechanicsburg (Upper Allen Twp.), PA 17055 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 $31,127.58, 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 ARLE TO PRRVENT THIS SNRRIFF'S SAI,E TO prevent this Sheriff's Sale, you must take i~ediate 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) 482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.} YOU MAY STILL BE AmLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE P~.~CE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will 9o through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CA~NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GHT LH~AL H~LP. LAWYER P~EFEP~RAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire, 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 Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 ATTORREY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Peggy A. Leydig 'NO. 03-2652 103 Sholly Drive Mechanicsburg, PA 17055 : Defendant(s) CERTIFICATE Mark J. Udren, Esquire, 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 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Ma~rk J//. Udren,~ Esquibe~--'ESQUIRE ATTORNEY FOR PLAINTIFF The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D VS Peggy A. Leydig In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2652 Civil Term 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 20.00 Posting Handbills 15.00 Advertising 15.00 Mileage 15.18 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Law Journal 311.90 Patriot News 157.37 Share of Bills 28.90 $ 629.85 paid by attorney 11/20/03 Sworn and subscribed to before me This ~ ~ day of 2003, A.D. Prothonotary So Ans~rs~ ./~,,t/~ . R. Thomas Kline, Sheriff Real Estate Deputy /. ,y~ }_ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAc{ 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 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 establJshed 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 28th day(s) of October and the 4th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. r- '" PUBLICATION .............. ...I~.~.........~.. i... ~ ............. COPY Sworn to ~ub_s;.rib,~,~' ' ' ,f,~rh re.,r.~this 19th day/g Novp'~r 2003 A.D. N'~tadal Seal / / ~,~ / / // S A g E #29 TerTyL. RusselI, Notary Public //-/ .~".,.,,~,'.~, ~'/'".a~ J ~.~'.**~,~?.,,V~ Ci~yOfHarfieburg, Daup~inCounty / ---~'***" c~'~' ~' /L My Cornn~isaicn Expires Ju~e 6, 2006 NOTARY PUBLIC Membe', PennsylvaniaAssoda~onOfNotades 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 $ 157.37 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. 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 Joumal, of the County and State aforesaid, being duly swom, 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 SAJ-~ NO. 29 Writ No. 2003 2652 Civil The Bank of New York, as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D VS. Peggy A. Leydig Atty.: Mark Udren ALL THAT CERTAIN piece or par cci of land, situate in Upper Allen Township, Cumberland County. Pennsylvania, bounded and de scribed according to a plan of Lots known as Spacious Acres. Section 5-A. drawn by xgFflliam B. Vv~nittock, Professional Engineer. dated March 11. 1968 and recorded in Cumber land County Plan Book 19, Page 74, as follows: BEGINNING at a point in the eastern right of-way line of Sholly Drive at Lot No. 1: thence South 68 degrees 6 minutes 8 seconds East 140.26 feet to a point at land now or formerly of Harvey Miller: thence by lands now or formerly of Harvey Miller South 16 degrees 42 minutes West 91.24 feet to a point on the northern line of Lot 4; thence by BEING KNOWN AS: 103 Sholly Drive, Mecharlicsburg. {Upper Allen Twp.}. PA 17055. PROPERTY ID NO.: 42-31-2151 093. TITLE TO SAID PREMISES IS VESTED IN Peggy A. Leydig, single person by Deed from Thomas Whinham and Bernice L. Whinha~m, a/k/a Lorraine Winham, Trustees under the Thomas Whinham and Bernice L. Whinham, a/k/a Lor- raine Winham Living Trust dated ~0~6../,.14,/~9,6.. recorded 06/17/96 e Coyne, E~tor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003_ LOIS E. SNYDER, Nolmy ~ Cadi~ So,o, Cumbedand ~ My~E~~ by lands now or formerly of Harvey Miller South 16 degrees 42 minutes West 91.24 lket lo a point on the northern line of Lot 4: thence by Lots 4 and 3 North 62 degrees 51 minutes 3 seconds West 157.'04 feet to a point in the eastern right. oLway line of Sholly Drive; thence by the eastern right-of-way line of Sholly Drive in a curve to the left having a radius of 453.85 feet a dis tance of 77 feet to the arc to a point on the eastern right oPway line of Sholly Drive at the southern line of Lot No. 1. BEING Lot No. 2 on the Plan of Spacious Acres as recorded in Plan Book 19. Page 74. HAVING THEREON erected a dwelling house known as 103 Sholly Drive. BEING KNOWN AS: 103 Sholly Drive. Mechanlcsburg. (Upper Allen Twp.), PA 17055. PROPERTY ID NO.: 42-31-2151- 093. TITLE TO SAID PREMISES [S VESTED IN Peggy A. Leydig, single person by Deed from Thomas Whinham and Bernice L. Whinham, a/k/a Lorraine Winham, Trustees under the Thomas Whinham and Bernice L. Whinham, a/k/a Lor- raine Winham Living Trust dated 06/14/96 recorded /)6/17/96 Book 141 Page 67. 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 856-482-6900 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 7/30/03 to Date of Sa~ June 9, Per diem ~$8.68 (Costs to be added) 2004 $31,127.58 2,742.88 UDREN LAW OFFICES, P.C. Mark J /Ud~r/, E~sq'u'lre WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2652 Civil COUNTY OF CUMBERLAND) 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 NOVEMBER 30, 1997, SERIES 1997-D Plaintiff (s) From PEGGY A. LEYDIG, 103 SHOLLY DRIVE, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to ag:ach 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 attachmem has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amoum Due $31,127.58 L.L. Interest FROM 7/30/03 TO DATE OF SALE 6/9/04 - PER DIEM 88.68 - $2,742.88 Atty's Corem % Due Prothy $1.00 Atty Paid $759.25 Other Costs Plaintiff Paid Date: MARCH 2, 2004 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-03620 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 CURTIS R. LONG Prothonotffj~j Deputy UDREN LAW OFFICES, P.C. BY= Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE !NO. 03-2652 CERTIFICATE Mark J. Udren, Esquire, 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 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Mark ~. Udr~n, ~squir~.~ ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 The Bank of New York as Trustee Under the Poolin~ and Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 103 Sholly Drive, Mechanicsburg {Upper Allen Twp.) PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last of record: Name recorded holder of Address every mortgage Plaintiff herein. See Caption above. PNC Mortgage Corp. of America 75 North Fairway Drive Vernon Hills, Illinois 60081 5. Name and address of every other person who has any record lien on the property: Name Address Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 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 Deptl 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every 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 103 Sholly Drive Mechanicsburg (Upper Allen Twp.) PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 12, 2004 UDREN LAW OFFICES, P.C. Atto~n~yV~or Plaintiff'- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D One Old Country Road Suite 200 Carle Place, NY 11514 Plaintiff Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 03-2652 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Peggy A. Leydig 103 Sholly Drive Mechanicsburg, PA 17055 Your house (real estate) at 103 Sholly Drive, Mechanicsburg (Upper Allen Twp.), PA 17055 is scheduled to be sold at the Sheriff's Sale on June 9, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $31,127.58, 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 imediate 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) 482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIOHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482- 6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, C,O TO OR TELEPHONE THB OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN ~ET LEC, AL HELP. LAWYER REFERHAL SERVICB Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 The Bank of New York as Trustee Et al VS Peggy A. Leydig In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2652 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions fi.om Attorney Mark Udren. Sheriff's Costs: Docketing 30.00 Poundage 155.45 Posting Handbills 15.00 Advertising 15.00 Mileage 15.18 Levy 15.00 Surcharge 20.00 Law Journal 316.55 Patriot News 75.47 Share of Bills 29.26 Law Library Prothonotary 1,00 $687.91 paid by attorney 06/07/04 Sworn and subscribed to before me $',o~,~s: This /0 ~ day of~.__/~_~ . '~, R. Thomas Kline, Sheriff Prothonotary Real Est6te Deputy Real Estate Sale #48 On March 04, 2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 103 Sholly Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 04, 2004 By: .~J~0r~~n~ Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established 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 in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Count--s Book "M", Volume 14, Page 317. PUBLICATION ........................................ SALECOPY#48 Sworn ii~i t(iand ~ii,i~LNoI.~i ~'u bs~ e~~s. ~2~/t h.Pu .~,~~ day o~la.y .~'~A.D. I Oily o! H~rrisburgo D~u .ph n Co~ ly / NOTARY PUBLIC J My Commission Expires June 6, 200~ ..................... -~y commission exp res June 8, ~006 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 $ 75.47 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. 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 ail 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: APRIL 16, 23, 30, 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. REAL RSTATE 8ALE NO. 48 Writ No. 2003-2652 Civil The Bank of New York as Trustee Under the Pooling and Servicing Agreement Dated as of November 30, 1997, Series 1997-D vs. Peggy A. Leydig Atty.: Mark Udren ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed according to a Plan of Lots known as Spacious Acres, Section 5-A~ drawn by William B. Whittock, Professional Engineer, dated March 1 l, 1968 and recorded in Cumber- land County Plan Book 19, Page 74, as follows: BEGINNING at a point in the eastern right-of-way line of Sholly ~Drive at ~Lot No. 1; thence South 68 SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, NotaP/Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 VS. Peggy A. Leydig Atty,: Mark Udren ALL THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and de- scribed according to a Plan of Lots known as Spacious Acres, Seci/on 5-A, drawn by William B. Whlttock, profession~l Engineer, dated Mazch 11. 1968 and recorded in Cumber~ land County Plan Book 19. Page 74, as follows: BEGINNING at a point in the eastern right-of-way line of Sholly Drive at Lot No. 1; thence South 88 degrees 6 minutes 8 seconds Bast 140.26 feet to a point at land now or formerly of Harvey Miller; thence by lands now or formerly of Harvey Md]~er South 16 degrees 42 m/nutes West 91.24 feet to a point on the northern line of Lot 4; thence by Lots 4 and 3 North 62 degree~ 51 minutes 3 seconds West 157.04 feet to a point in the eastern right- of-way line of Sholly Dr/ye; thence by the eastern right-of-way line of Sholly Drive in a curve to the left having a radius of 453.85 feet a dis- tance of 77 feet to the arc to a point on the eastern right-of-way line of Sholly Drive at the soutbem line of Lot No, 1. BEING Lot No. 2 on the Plan of Spacious Acres as recorded in Plan Book 19, Page 74. HAVING THEREON erected a dwelling house known as 103 Sholly Drive. BEING KNOWN AS: 103 Shoily Drive. Mechamicsburg {Upper Allen Twp.), PA 17055. PROPERTY ID NO.: 42-31-2151- 093, TITLE TO SAID PREMISES IS VESTED IN Peggy A, Leydlg, singie person by Deed from Thomas Whin- ham and Bern/ce L. Whinham a/k/a Lorraine Whinham, Trustees under the Thomas ~Vhlnham and Bernice L. Whlnham a/k/a Lorraine Whin- ham Living Trust dated 06/14/96 recorded 06/I7/96 Book 14i Page 67. LOiS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission £xplms Mamh 5, 2005 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 November 30, 1997, Series 1997-D Plaintiff Vo Peggy A. Leydig Defendant ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS ! CIVIL DIVISION -Cumberland County :NO. 03-2652 PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: November 11, 2004 Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff