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Home My WebLink About01-06451 ,j~i1Il , ' ".,~, - ~ ".... MARK J. ODREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/o Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff v. Kipp E. Zahler 583 Grahams Woods Road a/k/a 583 Grahams Wood Road Carlisle, PA 17013 Defendant (s) I~:...~~ . ~ n~ '"lilliiaiI:'- --'IIiiII~""'U&fH;~,1lf." .~ , ...,~" ATTORNEY FOR PLAINTIFF - - COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 6\ - ("lf~1 Clu~L '--r~ 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 17013-3387 717-249-3166 &;, --. -"'-'-~ ~ "~<-- I"l _c ,",..,j ~~'-"'>--- ;"~" M~u":"'("~l",), ,. A.V..ISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013-3387 717-249-3166 / ~~" . " ,""- k ^.. '1fIil-llillW.'^'<'" - "~&""'a~~'*-:m':L~,i , NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 11- ~, '~~~~ -~ .~".~- ~ ~.~ ~ I. yo;, i ~ ~ ~."<'i7~,,~; , 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: Parkway Mortgage, Inc. Assignments of Record to: First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. Recording Date: 10/5/00 Book: 656 Page: 634 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: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Frankford Township COUNTY: Cumberland DATE EXECUTED: 3/10/00 DATE RECORDED: 4/7/00 BOOK: 1605 PAGE: 177 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 \ / ~l. ..!"'" iIii "- -_. ~~ If'''''''''~'"~."'' <~- "I J' "~O ~" "- '. ~1ri .........iIIl " ,~ ,~- " ii~~~jk~j, breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After' demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges. if any. indicated below. 6. The following amounts are due on the said Mortgage as of 10/11/01: Principal of debt due and unpaid Interest at 11.05% from 6/1/01 to 10/11/01 (the per diem interest accruing on this debt is $30.93 and that sum should be added each day after 10/11/01) $100,768.62 4,113.69 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $.01 and that sum should be added on the first of each month after 10/11/01) 1,768.99 Late Charges (monthly late charge of $48.43 should be added on the fifteenth of each month after 10/11/01) 145.29 ._- Corporate Advance Attorneys Fees (anticipated and actual to 5% of principal) 115.79 5,038 43 TOTAL $112,480.81 / b-i ",,""'- ~._..- - .~.........J .~ ~~, ~I", I_~'-' " .. ~.:l - '~,ijj:if{;il::it~ 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 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 $112,480.81 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Ul/ Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 \r.! ...,. ~~-'~ ~ ' _~L ".~ _ ~ ~"",;;,;","",.......' -',' i',,-,><' -I. ,~, i: ',..~~ii00 CONBERLAND ALL THAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP' ~CRES IN COUNTy, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 6 OF THE HOBBYHORSE ~ RECORDED SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, SSCRIBED ~S CUMBERLAND COUNTY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED ;.NP D FOLLOWS. 50 FOOT WIDIO _ BEGINNING AT ~ POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF ON TIlE ABo'J'lll GRAHAMS WOOD ROAD ('1'-448) AT THE DIVIDING LINE BETWEEN LOTS 1 AND 688 DEGREES 31SIO MENTIONEDSUI\DIVISION PLAN,THENCE ALONG SAID DIVIDING LINE NORTS sot1'1'H 01 DSGlt NIl MINUTES 45 SECOND.S EAST 500.0,0 FEET TO A POINT; THENCE ALONG S~ liB D:tVIDING to:t 22 MINUTES 15 SECONDS EAST 320.00 FEET TO A POINT, THENCE ALONG '1' SCONDS WEST S BETWEEN LOT~ 6 AND 11 ON SA:tD PLAN NORTH 62 DEGREES 58 MINUTES 05~SS 45 SECO~D 357.60 FEET TO A POINT; THENCE ALONG SAME SOUTH 88 DEGREES 37 MI F GJUUUlMS WOOT WEST 180.00 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY 03 SECONDS "llJSS ROAD, THENCE ALONG SAID RIGHT OF WAY NORTH 03 DEGREES 27 MINtlTES 0 150.00 FEET TO A POINT; TIlE PLACE OF BEGINNING. CONTAINING 101,295.32 SQUARE FEET. UNDER AND SUBJECT TO THE FOLLOWING BUILDING AND USE RESTRICTIONS' 1l'1'A:tNED 1. NO BUlIoDING OR ANY PROJECTION THEREOF SHALL BE ERECTED OR Ml'I . (10) TEET OF ANY SIDE OR REAR PROPERTY LINE. .< TEN WITJlI.' 2. NO TRAILER, MOBILE HOME TEMPORARILY OR PERMANENTLY, ;$'I LOT, OR SIMILAR STRUCTURE MAY BE LOCATSD Ollf FOR ANY USE WHATSOEVER. oTHBR ON ANY LOTTO ERECTED OR MAINT~INIlP S1'l'1'~IN SOLSIo ":t SIGNS WHEN THE sJINI!l Ii' 3. NO ADVERTISING OR DISPL~Y SIGNS SHALL BE THAN THE CUSTOMARY "FOR RENT" AND "FOR SALE" THE PREMISES ON WHICH THEY ARE LOCATED. 4 . NOTHING NUISANCE TO n< _ .....OYAJ>1CE OR SHALL BE DONE ON ANY LOT WHICH IS OR MAY BECOME ..... ""..- TIlE NEIGHBORHOOD. 5. NO LOT SHALL BE RESUBDIVIDED. . UNLESS '1'!tS 6. NO UNLICENSED VEHICLE SHALL BE PERMITTED ON ANY LOT AT ANY T:t~;.x. RESIPlllNCl!l SAME IS STORED INSIDE A GARAGE USED IN CONJUNCTION WITH THE PRINC:t'1'O BE p~l!lP' ERECTED ON SAID LOT. NO RECREATIONAL VEHICLES SHALL BE PERMITTSP TEMPORARILY OR PERMANENTLY, ON ANY STREET OR ROAD. 7. NO ONE-STORY RESIDENCE SHALL BE FEET OF LIVING AREA. ANY ONE-STORY GARAGE. typ.1l.E ~ 1,100 sO O-CAR ERECTED WHICH CONTAINS LESS '1' '1'gl!lRETO A '1'vf RESIDENCE SHALL HAVE ATTACHl!lP typ.1l.E ~ 1,500 S~O_CAR 8. NO TWO-STORY RESIDENCE SHALL BE ERECTED WH:tCH CONTA:tNS LESS ; 'tHERETO A FEET OF LIVING AREA. ANY TWO-STORY RESIDENCE SHALL HAVE ATTACJtl!l GARAGE. GARAGE "l!l'l'HER W:t'1'll 'to'" 9. NO MORJil THAN ONE (1) SINGLE-FAMILY PRIVATE DWELLING HOUSE, AND ACCESSORY STRUCTURES, SHALL BE ERECTED ON~'Y LOT. I j .~ -~ . ..J > ~~ "'"~ I~ '", - ~'.IJ&'< '"'iIii!illtl~~*,,$M0: I 6;:) DF785 KIPP ZAHLER 583 GRAHAMS WOOD ROAD CARLISLE, FA 17013 September 4, 2001 0005446244 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ." This is an official notice that the mort2a2e on vour home is in default. and the lender intends' to foreclose. Soecific infonnalion about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home. This notice explains how the program works. To see if REMAP can help you. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Nolice with YOU when you meet with the counseling a2encv. The name. address. and ohone number of Consumer Credit Counselin2 A2encies serving your county are listed at the end offulli Notice. Ifvou have anv auestions~ vou may call the Pennsylvania HOUSin2 Finance A2encv toll free at 1- 800-342-2397 (Persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help yon find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDlATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LAPERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): KIPP ZAHLER PROPERTY ADDRESS: 583 GRAHAMS WOOD RO CARLISLE, PA 17013 LOAN ACCOUNT NUMBER: CURRENT LENDERlSERVlCER: 0005446244 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF-TillS PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM EXH!8IT ~ '.... rl~_~__~~~_"""~'~"'''I~~"~",,~'~_ ~~ "..... ,~- .,~J '<1"~~~il~\liitiji'>' """t1;ffihU,""('Jj!;,,'"~,,'>, YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISION OF THE HOMEOWNER'S EMERGENCY MqRTGAGE ASSISTANCE ACT OF 1983 (THE :iACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTAi'i'CE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND IF YOU MEET OTHER ELIGIBILITY REQillREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this Notice. TIDS MEETING MUST OCCUR WITHIN THE NEXT THffiTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE Ul' TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action agaiIJSt you for thirty (30) days after the date of this meeting. The names. addresses and telephone numberS of desilmated consumer counselinlI agencies for the county in which vour property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. You should advise this lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this !,!otice (see following pages for specific infonnation about the nature of your default). If you have tried and are nnab1e to resolve this problem with the lender, you have the right to apply for fmancial 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 th~s Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATIONPROMPTL Y. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIDS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY ANDYOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application, IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender 00 your property located at 583 GRAHAMS WOOD RO CARLISLE, PA 17013 CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: "~----. ..""'" . . 11.~ , .." "j"--'"""'lh:"'jj"-"" ~!IJ'~g~*,'P;'~' .. " a) Number of Payments Delinquein: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances e) Other Charges and Advances 1) Less funds in Suspense: e) Total amount required as of (due date) 3 $3,618.15 $ 96.86 $ 0,00 $ 0.0 $ 0.00 $ 1065.41 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use ifnot applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,715.01) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cashier's check. certified check. or monev order made navable to: ~' . Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296.QQ12 Overnight Attn: Cash Central NC 4726 I i 00 Corporate Center Drive Raleigh, NC 27607.5066 ,+ You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use ifnot applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its rights to accelerate the morbzage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within TIlIRTY (30) DAYS OF THE LETTER DATE, HomEq Servicing Corporation also intends to instruct their attorneys to start a legal action to foreclose UDon "our mort!!3l!ed Drooertv. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred even if they are over $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY perlod. you will not be required to Dav attorneys' fees. OTHER LENDER REMEDIES. The lender may also sue you personally for the unpald principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE. If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at,anv time uo to one hour before the Sheriff's Sale. You may do so bv paving the total amount then oast due plus anv late charges. chames then due. reasonable attorneys' fees and costs connected with the foreclos,ure sale and anv other costs connected with the Sheriff s Sale as soecified in writinll bv the lender and bv oerformimz anv other reauirements under the mortgage. 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. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE. , EARLIEST POSSIBLE SHERIFF'S SALE DATE. It is estimated that the earliest date that such Sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sherifr s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL: ~' ~~, ~ ' , .d, '_J,_ I~ -..."i.,...-.;. ".iJ.!IIIK1dllliU,*~;",~~~,,"'~' .' . '. Name of Lender: HomEq Servicing Corporation Address; 'P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1.866.577-8834 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, ,. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A TIACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation The Money Store Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies 41 Cumberland County Urban League of Metropolitan Harrisburg North 6th Street Harrisburg PA 1710 (717) 234- 5925 Fa)( (717) 234-9459 CCCS of Western Pennsylvania 2000 Linglestown Road Harrisburg PA 17102 (717) 541- 1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg PA 1710 (717) 232- 9757 Adams County Housing Authority 139-143 Carlisle Street Gettysburg P A 17325 (717) 334- 1518 --,,';,.,~.="~~.~~' "~~~'tol~ ~ ~'~""~~""",,_'<II~~__ ; ".",^_"J~~i .' '.", Fax(717) 234-2227 Fax (717) 334-8326 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro PA 1726 / (717) 762- 3285 YWCA of Carlisle 301 G Street Carlisle PA (717) 234- 3818 .. "t:mJ:~",",Mj"""^~Wtl;"\J.i';i;";\")JJ,-i;5;-";L. / 170,13 ""': -" ,L ~' _ l ." ,,'",1",;"";;'''';':'' .h'''1m.4,~~j,;'; >' '. V F. RTF T CAT I O~ 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. <<V Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ;~~' fit~~'~-lijj<.jji!!l~~illM:tM~I'i'!~~iiINi&,;h;,,,,",t~'Cj7';~~;;h;-'."" ,,"""i;M":'ll'ati,WJm'1ii~lirfr"r1~ ri:~Ii"iif~~!liij,ih!iii@~~Jii'''''-'" ,-~ :. ~' """ " ,. " ~...~, . -..:/.;L,I ry~'NT 'REiNSr:G~DI ..... t2 '1.. ~. ~ ;m .................~. PROn:tQir' MY ~ (,) --<9 ~ 7" .~ (") 0 0 ~ c 1L 3: " ~ z .frt ~C".:::f 0 tJ g:'f~ .- ~ ~ "T' ...- r(;) ~ ~ ~ B- zr ~'38 (f;: ).~- W ~_.:...: i ..:-:._- ()2:, \) t' ~o -v :::;:j ,.,/ )>0 .,_-':--d ~ ~ ~ z./ ::!t l, ~ -<.,.. ~ 0 "-7(') )>c:: t:"" [5cn z --.j ~ :::> "1>, ::< ::0 J -.I -< ",~"'<~' ,w,,~, h,< ~H _ ~ "-- - ~,~ , "" ..w.ii'~'t:i~'~". ~~" ~ """"" ~_....~.........;-~"t1llllllllillll" ~ _ J .J.,_, ~~.'l"tl,~Ii~'".."', SHERIFF'S RETURN - NOT SERVED ;.. CASE NO: 2001-06451 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK VS ZAHLER KIPP E R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ZAHLER KIPP E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , ZAHLER KIPP E UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.80 .00 10.00 .00 35.80 '~~ R. THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY MARK UDREN 12/14/2001 Sworn and subscribed to before me this /'?~ day of Alu.e~ ~tnl A.D. el ---0. ~ ~onotary '14' I .rill" -'~~ - - , ~ J, ',' " ~ ii:'~~~--"'''"~ clli(,MOI'ld,,"",,,,,-i#', MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. c/O Rosicki, Rosicki & Associates, P.C. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff NO. 01-6451 Civil Term v. Kipp E. Zahler Defendant(s) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: December 19, 2001 MARK J. UDREN & ASSOCIATES M~dren, ESQUIRE ATTORNEY FOR PLAINTIFF ~~iF~~~~~~~i'):lj\~,;';:~il~<j~;':;''"''')W' ",,),,-,c'(;'d,<tj;1i<'Il/JJ;~~I~ " --~,,""-",-,'~,',,"~-,', .",", ~, ,,~, ~ ,",',,~-~, .'- l.iiliili.~Il\ii~:il,'(iIic~~ilil'.""",,l""""' t1i~rf~'- ~ -7, ,< ,. r'~ ~ ~.'-Hlii1 ~ 8 0 ~ ;Rl& 0 F"'l ---j z!:p --r 2-' n ,'1',::0 c?i5; N ,..... ~&<;"..:. :gg ~CJ 0 ~C) " '-1 ) ::J:'--r' ::Jl: (J:d ;SO ~ ".",.C) r- 4_rn ~ 0 <..) ~ .s::- -< Es BI/ - ~ "--"',- '" ".'~ ~ r, ,- '"~, ~_'jK",0t,,;g, " MARK J. UDREN & ASSOCIATES BY: Mark J. Odren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SOITE 500 CHERRY HILL, NJ 08034 856-482-69,00 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County Plaintiff : NO. 01-6451 Civil Term v. Kipp E. Zahler Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: December 19, 2001 BY: Mark J. Udren, ESQUIRE Attorney for Plaintiff .~ , .- J." ~'lIIiO' " ~rR.i!..: 1 ":!.'%.w-"~"c-",~,___ . .. ' .'... First Union National Bank of Delaware, et. aI., Plaintiff(s) vs. Kipp E. Zahler, et. al., Defendant(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Road Minneapolis, MN 55439-3122 AFFIDAVIT OF DUE AND DILIGENT ATTEMPT Service of Process on: MARK J. DDREN Ms. Heather Forrest 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 --Kipp E. Zahler Court Case No. 01-6451 St;te-;'f~ -v;rZ(/;"/~;;:' - - - - )~s.- County of: at'. .;.6IVucr:e Lei ) Name of Server: :&~A-Y'" C ;'hA/So"/ ~ ,undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action; Documents Served: Service of Process on: the undersigned attempted to serve the documents described as: Complaint in Mortgage Foreclosure The undersigned attempted to serve the documents on Kipp E. Zahler and after due and diligent efforts, was unable to effect service. The following is a list of the attempts made to effect service: Attempts: 4530 Valley Crest Drive, #308, Midlothian, VA 23112 Datesffime/Address Attempted: Reason lor No.-Service: 1:p'1-c..o; '1'0:',.., P~/,J:'4 J/a.Cfi/oI-c Datesmmc/Address Attempted: if Z>e.t:.. ?J I tiT t4o< ~ 't;;ce. If I t:f~ 1'...., 7" :/:Ie<:.. 0" /~ Reason for Non-Service: ~/Sq 1;1f2~<N-t- Datesmme/Address Attempted: fJ :P..eG 01 /~ 104;#1 Reason lor No.-Serv!ce: A/e49iI>oJe'?'1 ~ ~;;L tf<Xvpti<lIS ~r Ji" ~tJg AeiAJ ~IJ""<:) pollt-- D Based upon the above stated facts, Affiant believes the defendant is avoiding service. Signature of Server: Undersigned declares under penalty of perjury at the. fo.reg?ing' true and correct. ~. /.:l.~tl (Date) Subscribed and sworn to before me this /J.-f8.iay of ',200 I rt~~~lPv Notary b1ic APS International, Ltd. APS File #: 049568-0001 o\o.~~~ dJliuii~~lia,i~".:~~"Hlli~tt.$It>~J~i4;-lHt.ri;;.i-"",,,~,,,"'- .,.<~..-;,,,,,",,, "E~<"'",5A;'i,'..."k',h,r.ll,i!#~W: tl!J 4,.,. n~""'. 0"' ,," _ ~~, ~,,~~.. ~:,.- .wIi~ ~JW~"'> """ , ~ ." .... 0 C l;; 0 -0""- <:::I .., . mm 1"1 "-; zrT"t :r.,., ::c c-) fn"'!" 2S- N '0 In U>~ ~~~ COy ;<::0 0 ~8 "1:J .::;1~ :x B:tI C6' 2;0 ~ om w ?& -.J -< 9;- ~ First Union National Bank of Delaware tka First Union Home Equity Bank, NA, et. aI., Plaintiff(s) vs. Kipp E. Zahler, et. 01., Defendant(s) .',,,,,,. . --~ . L." I '-, ~ JiI v. "~~~ "' J,"",~'i<:0&~,;;-,~,' Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual MARK J. UDREN Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 civil term Ms. Heather Forrest 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 -S~t;o;~U;~~ - - - )ss~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - County of: Ch.e5 lea ne-'{..b ) Name of Server: &.ur;r<!fU";'; r: !fAN>",,);JJZ: , undersigned, being duly sworn, deposes and says that at the time of service, slhe was over the age of twenty-one, was not a party to this action; ff>.. .-r: DaterrimeofService: that on the ~dayof dAAFI/ttf2.i ,200z.. ,at ~S?> o'clock LM Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: at 3724 Falstone Road , city of Richmond , state of VA the undersigned served the documents described as: Complaint in Mortgage Foreclosure A true and correct copy of the aforesaid document(s) was served on: Kip. . Zahler By personally delivering them into the hands of the person to be served. D By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of The person receiving documents is described as follows: Sexd!-; Skin Color IJhrk... ; Hair ColormIl/L8~Jr;~Facial Hair ,4Mt~fr."It~ Ap~x.Age ~-s-:~ ; Approx.Height "5:"'/Op ; Approx. Weight 17D/~ [1i(To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. (Dot APS International, Ltd. APS File #: 050312-\lOOl 0::' :'~~~{I!i'i~~~if~~~'ETh;ik'"",-".;,~,_^""""",~:;!,:""'~">,,;,t'~\f~l!i)irt<\i$~~hWIilliW~iIIilJJlj~~i:' ~_",'~.~'e ,~","",~,,,, i_WJl:lib;JlliJll o ,-- ~-; -o;r~; n.lfl~' ~S-~ -<""- ~C-~ Yc: ~g 7' ~ ,1ll"";U,,.","', J mlOOall!tl ~, ,U1JJ~ . ~~"'"" "/!:! .",~,'Pl"!""_'" ~,,__ -,- " " -=, ,- -""', ,.,~-"" ~ ..... . o N ;',) 'T! "l~... ".. ,,,'J " (.,..) ::j "-.1(:J ;,:;:.;:0 :...;.C) om ~ ~ :<>- ~. -'" '? .:,) (..:> s:r 8tI "'M~'" -"'-'~~ -'......~ ..'. ~~~.~ -,~"'"' MARK J. UDREN & ASSOCIATES BY: Mark J. Odren, Esquire ATTY I.D. NO.. 04302 1040 N. KINGS HIGHWAY, SOITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. Plaintiff v. Kipp E. Zahler 1 ~ ~' '~~i':i.ill' - """"'J~,";l"".",~, ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-6451 civil Term Defendant(s} PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY, Kindly file the attached Proofs of Service with regard to the captioned matter. Date: January 30, 2002 MARK J. UDREN & ASSOCIATES BY, '-1U. Mark J. trcrren, ESQUIRE Attorney for Plaintiff 'h' ~'~'~;~~nj":~lir ~i.'Y'TtdiJj~,,~- ~"IO..."", ~t;;!SP&,l!""Jlk- ]- '_ilJtt.'~' "4'd)t;:,,,;;;Oii~ '~~~fJljt"lil;i'':4ili!<H;;;'~''''\''i<'l -',,,~ , ,,"'~, --~.""". . """~IlIW"'.""'.~''''''''"'''~' .J!IIM'C " ;_ ,,,~' , ~'_", ",l',"'''C Il1!i!l "', ~ IT &I <~"",-----, ;-1 ::> >= P, '<: v::> -. ~ Jl "" 5>- ~ a ~ /"- J ^ L ;s-- C> ::> '?r- p ...., -<;. ..,:;i;" -'~B.j __0 """'1'-='- ." MARK J. UDREN << ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) ,'- .'; c ~"-,""'.,, ".', -, Jii"'lt!~,~ ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE . . NO. 01-6451 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) for failure to file an Answer to Plaintiff I s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 10/12/01 to 2/15/02 Late charges per Complaint From 10/12/01 to 2/15/02 Escrow payment per Complaint From 10/12/01 to 2/15/02 $112,480.81 3,.928.11 242.15 . ---ilil. TOTAL $116.651 11 I hereby certify that (1) the Defendant are as shown above, and (2) accordance with Rule 237.1, a copy of addresses of the Plaintiff and that notice has been given in ich is attached hereto. \ DAMA~ HEREBY ASSESS DATE: ~. Q)I'Y)~ r ............. & ASSOCIATES _~.~*_ L "'=.,,~ 'jMl...M~''',""~~;,,,,,,,,,,~, ~. .''"' 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 First Union National Bank of Delaware f/k/a First Union Home Eguity Bank, N.A. C/O Rosicki, Rosick1 & Associates, P.C. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Kipp E. Zahler Defendant (s) NO. 01-6451 civil Term February 4, 2002 Zipp E. Zahler 3724 Falstone Road Richmond, Va 23234 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTIFICACION IMPORTANTE DATED: TO: 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 TERMINODE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, o SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 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. " .........-, ... - , -j. -, ~ ~M~~""ft~" ' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE First Union National Bank of Delaware flkla First Union Home Equity Bank, N.A. clo Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff : NO. 01-6451 Civil Term v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s} STATE OF COUNTY OF AFFIDAVIT OF NON~MILITARY SERVICE New Jersey SS Camden THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon, investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s} are not in the Military or Naval Service' of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Kipp E. Zahler Over 18 As captioned above Unknown Over 18 As captioned Unknown Sworn to and subscribed bef0re'me this 15 day ''"PeD ry ,2002. ~J ~Cf ~ I "lnll..ID IIItM J ~a~~'j;;-mi~~~_~~~I!l:i~IIiW:ii;i~"lt'h,r";;"''''~'''~O?D,''::;1.f:c<!lL~i'lt<i'-%i4iMi!i~_rimim"'1~~fi..~~"~ '. ' '"w..., r J o ~ "~",(lJIUJlilII!!J..U.,UJ~.Or.~JI.,'"w"IL,".,.,,,,?..... ,.~..','.,_,'.,'..,' ,'.. t ~ RI ~ , ~ ~f?~ r-~8- ...... ..... ~~(IJ .() f' r~ ~ ~ ~ ~ ~, ,~,~o,~ ~~,~ " '. '~' ''^'" ."~" " "'~ ,~" '",~" _ ~ , .~- IId/'" o s tr c::E: ~~f~' r.:~ .. , :"", - """'- ~ --'1 ~', (::J t'l, -, .. c,:.i J'".) ~ '" !-'::!) r~j (::;J :;j ~-, "" = ~ , . -= "'.... ~ ,~.... " " L . - " = ~"^' < '~.,;~"i'4~fr.:;-.< MARK J. UDREN & ASSOCIATES BY: Mark J. U~ren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451 Civil Term Plaintiff v. Defendant{s) PRAECIPE'POR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter,: Amount due $J.JJi. 651. 11 Interest From February' 16, 2002 to Date of Sale ,Tune 5. -2002 . Per diem @$30.93 .3...402.30 (Costs to be added) $ \ N & ASSOCIATES ~~."';:"'~~J,>>......".,wAl!ilJj;~~~t~li/"r,-i:'i:'i-i":'~-.l:kA-"'''''''';:''l',i8blli.:z:g~~~-.lt~~~~-' .Jij;' ,.~ , "l~~.:lllj 1 ~ .... ~ D ~ ~ ~ ~ 1<1. 4 :0 h ...... ...... l' C, . 6> ~ 0 0> ~ 8 g R.> ~ C c .... I I j f! 0 0 -0 , , , c: i''-,,::- fu --0 7" ~ 0 ~o- -cj -. --..! ,.... , ~i( '" . ... ... N ... ... !:J.. . , ~ ['"j (:;) c::-) ;:::~ ... ... tJ:) :< ... ... ~ ~ . -,<, ~~~~:: .'f./ )>>~ !....'-:' . '- :!~ -,;~ (:; :J.J -< !) U,,~"." ."~- ,~. ;__", <, '" <",.'.'" ,_,"" ." .", ~ o,_~ . ~, ~ j~'''' , ,~. ,j """'" ~,;",,;" ~.i,""";.jh MARX J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old country Road, Suite 200 Carle Place, New York 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. zahler 3724 Falstone Road Richmond, VA 23234 . . NO. Ol-6451 civil Term Defendant(s) C E R T I F I CAT E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: An FHA insured mortgage Non-owner occupied Vacant x Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. , ESQUIRE INTIFF . , ;~,~iif~I:!!!i~~j~:;MiJrJ'J;'.\~T~li>,:;'~"'5!_"1~:3'-<'<I"" '""'3",-+i;''!'Will!!!iJ&,~__~~.iii/lJ,''''<'""j~''''-'''''',"~iYi1 ,',:",0" ,~, '~'~"~llittdi'" 0 0 ':::) C f"0 -, I -;,," --" '-. U v fTl T ~~ ,:;0 .2: , :'.j Ci . ;, ,-- ~~ -' E~ .. ::::;.r~ -- '. '. c: \.:,::" , :.~i ",~ (:::) _0 -~ ..4U,.!!!J..lu. _,=,~""'c. ~, ,""",.ft<~,*" ,~,~.. ,,,,'." ,~.& ~--", ~~; ~~~ ~~ .~ ""~.... ,,'=""~~"-'~ -""""""'--=~,~. "j ~~L , I ''''~jO,~,,~hij,'''',~;l:''>'''''',' . '") r~ MARK J. UDREN & ASSOCIATES , BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451. civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, VA 23234 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 American General Consumer Discount Company Address to follow providian National Bank Address to follow Fifth Third Bank Address to follow - o..~ h~ ... .'e_ '~ " ,c", j '1lii~~~,~" . J>' r' 4. Name and address of the last recorded holder of every mortgage of record: Name Address 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 12 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, 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. DATED: February 15, 2002 REN & ASSOCIATES A ~~~i~ii~~hL~,l~.f'j~1<;,;..," ;N",~...>l0'~I>!#il,'~J,,,";;<u.,~~jr!tIJlIM1l!{"Oo "":<lii~~"' 'U_Mllli<l\,'l'ii.dt ~ ~ ~~._- '.:......." ,"""", '!till];, 0 0 () C f0 1 1::) ..." .-- , l-} r~n p 1 n c::u 6 :T , i'''-.) f..O t;:::) -, c::: - :T;:::-' --- -- C) ~v < - . " "' , .. ~ ~~'~~-="",'". ' ~",>' "~"i!l!IWi$1i"~i~,*),\"-,,,,,,<, ,~ l MhRIC J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Horne Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451 civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Your house (real estate) at 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $116,651.11, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff1s Sale, you must take immQdiatQ action~ 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: (856) 482-6900 mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by.Wing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~~ ~--' . ,~ ' . ,j .l"1~: ,~~ """"",,,"~' " '~:'-""'H:';> . . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (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 sgOULD TAKE TgIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ltAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FlLADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle,FA 17013-3387 717-249-3166 }~~~~[!!!ifj~Miil:~;t~'~~i0iiJ~;;1;.,:, :";,;";,,,:>,~,,,'~i;&j~ii6-J.it:w~~'~"M~_!\JI!ial;~~.;Jii;tit-- V~M'VBlill '!tiM -'" .. l C) c) ,LC ;) '1 ITI ,-r; ','::') ."---.- I. f<} (j) C-" -,< -' f-~ )?;. l '-,. C :::> ~~; \9 ..-c:~. s:: - , , (:J :::;':3 ~: "~=,,,.= - . ^"'~,", '" ~ ~- .^, ._."~ .-. .~~-'- """"",,",,}~ ""'w~ _~ , l~~..;, ,_""w-,!,-",~_",;.",' '~~q"i' f ',,'. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) : NO. 01-6451 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/hiS/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of.Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant (s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: March 26, 2002 I~A MARK J. UDREN & ASSOCIATES BY:VV~ Mark J. Udren, Esquire Attorney for Plaintiff "=----=.,,"",,, ~~,~... _0- - I~ ~ J ~~.....: L "~, '",,", '. """'~"~"",",'''''''I''_'i,;',i' , , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 . : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451 Civil Term Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, VA 23234 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 American General Consumer Discount Company 6 South Hanover Street, Carlisle, Pa 17013 providian National Bank 295 Main Street, Tilton, OH 03276 Fifth Third Bank 11 Parkway Ctr #11 Pittsburgh, Pa 15220 ~' _ .'" '~d'~'.> _W~" .~"'~ ~ I i ~ "".~ "-',~ ,"",,~,I .-Jr~~ ," , '~.l'i Ji._""~''''''~ljj(,*,,&,~~> ~. Name and address of the last recorded holder of every mortgage of record: Name Address 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 12 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, FA 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 fals.e statements herein are made subject to the penalties of 18 Fa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 26, 2002 MARK J. UDREN & ASSOCIATES w--- ~ark J. Udren, ESQ. Attorney for Plaintiff ..... ~ ,. ", ~ ....," , ~ , ,I ~ - , "'i"-~L.:.,. ~ ~' ~, - ~","-:!io"","; 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 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 Civil Term v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) DATE: February 26, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE , OF REAL PROPERTY OWNER(S): KIPP E. ZAHLER PROPERTY: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumbe~land County Sheriff's Sale on June 5. 2002, at 10:00 A.M., at the COMMISSONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale; Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. -'- EYHIBIT i: " ..~~~~ -~.. ~~~;- ,~" - "0 . coli...... I ~ I OJ ~<Ur~ I ~ %a I .... '" ;. ~. I c . <0 . c f!l " 0 -'-:Dol 0 0 get I ~.~ i 1 .~ i -. ,,- 00 21:01 gs'\ \'i"21 . . I " \ ~ 3 . . .. I ~ ~I (") ;;: 0 3 ~ " . [ Q. ~ " 0- ~. '" ... , :;j 5' '" ~. ~ ~ 0- 'oi ;;- -!!. I F I 0 ~ lD g:, "lJ o a ;f g.: :s S" .., 3 . . 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C""C "'::. 0...: i Q) III c: 0-'- .' .....!!!"Q..- 0_ l\l "".0= Gl_N E ....g"S:6';q~.:~ :>oE<;_ c lij 0>... <II C"'C .0 ;>410..<::1:1::0::: og:~~;E B.:~E":Cii~ ~o~~~~~; ~,g~~gg~D.. ~ g(ij ::l.s~ '" C '-I: '- _ '-- ~~~~g~~ f lD 2'6 C!.iij <>_ t= l!!-g B~::ii;o ii "' ~ o ~ .5 -+ I Q ~ '" .~ .. ~ '0 . E g . I I ~ i :1+' I) I I ~ _-1---1._ ; I__J."-~ I I I i I ! I 'I. . ~~ I~~ 100 Qj~ :: E~ j1~ ]j~ i20: c 8 r !e '.- ..q. </.) 1 .;..\-, i()l:::>, qJ;t:i , I , ~d~ ae. : '-: 'Ai I I , " ,A'~^, J.\.' 1_ I , ' 'r-.-+- ., ~..J'''''---i----+-'--r---'-'--T.o 0>>'- I I \.... 1 ....... 1 :.!O::,....: C\J: (Y):...r ',' IJ') I to I 1"--1 co i m! or- -" ' \ I \ I I ! i I;:: Jj .~ <l. ~ ~ ~ ]! o " I . i B , I, I I~ ffi ' . W/t-ifii~" ~I" ",..I:~'E'~ ~ or- ~ \-i"'" ~..J a. .J" - - , - 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 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite. 200 Carle Place, New York 11514 Plaintiff ~,,-I " "_J.. l<.'9M."S4l,'",",""', ATTORNEY FOR PLAINTIFF . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County . . NO. 01-6451 Civil Term v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) PRAECIPE TO FILE PROOF TO THE PROTHONOTARY: OF SERVICE Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 14, 2002 MARK J. UDREN & ASSOCIATES BY, ~ Mark J. ,dren, ESQUIRE Attorney for Plaintiff - e.~,",\6\1 e ;~"'''''' ""--qma ~~O o ~.~'......_" ~~~ _~'".. I~ ~_,,"""=h,,'i,:!_ ~L ~. . ~I Service of Process by APS International, Ltd. 1-800-328-7171 First Union National Bank of Delaware, et. at, Plaintiff(s) vs. Zahler, et. aI., Defendant(s) APS International Plaza 7800 Glenrny Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual MARK J. UDREN Service De Process on: --Kipp E. Zahler Court Case No. 01-6451 Civil Term Ms. Cara Stears 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 -St~t;of~ - tI;/zcm/c"'- - - )ss~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - County of: Cj,.u{JZ/~l:;~ ) Name (lfServer: 75~",(~C.IlAAI~<J'" -;?;i. ,undersigned, being duly sworn, deposes and says that at the time of service, slhe was over the age of twenty-one, was not a party to this action; IS! Date/Time of Service: that on the _ day of ~ RW ,20 P2- ,at 7/ () o'clock P M Place of Service: Documents Served: Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: at 3724 Falstone Road , city of Richmond ,stateof VA the undersigned served the documents described as: Notice of Sheriffs Sale. of Real Property A true and correct copy of the aforesaid document(s) was served on: Ki p E. Zahler ' By personally delivering them into the hands of the person to be served. o By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of ~ The person receiving docl:ents is described as follows: Sex t!:L;Skin Colo~ ../.L ; Hair Color 7!:rc::oiJl'.i ; Facial Hair 'R.eet"e.o Approx. Age 1tS- ; Approx. Height S'IO. ; Approx. Weight / gO/Jr:. ~To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. APS International, Ltd. APS File #: 051502-0001 i~~I\~i4Br&i'Gl',,,~(IJ"ik,;1&;1:.~&ll!!tl!li;il~~*~it~ill-i~,,)f,,.,,!~t,,k-cr"T'''':",'c:.,;-,;,;,,~,,'c;H1'&ili~\iiill~~~'ililiiliJ-~' .;,,",~"' -- -- ~~~,,","',"~ _' ^,,,,,,,.,,,,",o~ ~~~~;f'MJi>>L~P---,-<'~"""~~~O~~;..J;,~,~~ ,''''' ~fl.(= """'" ~ ~'~"""'.'" D:'c C) C'! 0 c: f"-J -;1 ~ :~ ..-4 "'"(; C' ~O T, -1] OJ t' Al ""'~ N ,. ,. '~l'] 2: . Q OJ '" ~ Q ~~ t.."_, .....,,-, 'T / C) --," . , ("') z: -" >. C) ';~ m C Z ~, ::< w ::0 .;;:- -< &5 8)) . ~^ ~"'~'..<,,","'. ~""" ~.... 111ii'l!il:l!:l,j~~"""'- '~'-'-I."~.,l"l;'""~V,";,,,, ~ 1", MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N.KINGS HIGHWAY, SUITE 500 CHBRRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff . . COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : NO. 01-6451 Civil Term v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: March 14, 2002 BY, ~ Mark J. dren, ESQUIRE Attorney for Plaintiff Fwst Union National Bank of Delaware, et. aI., Plaintiff(s) vs. Zahler, et. a!., Defendant(s) r". . t. . -' " ~'.. "'--, .'"^hoi~.. '~~~C~" "' h"- , < l' I liiJ:b~:'h' Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual MARK J. UDREN Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 Civil Term Ms. Cara Stears 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 St~t;of~ ..- VI/zG M;,;" - - - )ss~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - County of: Cke.s{../?.fC../-ibt.d. ) Name of Server: '"&Al$i1,<t,;;C!.IIAAlS"alll -;?;i. ,undersigned, being duly sworn, deposes and says that at the time of service, s/he was over the age of twenty-one, was not a party to this action; IS.! . Date/Time of Service: that on the _day of ~ /C.CIV ,20 '::>2.. ,at 7/0 o'clock /'=> M Place of Service: Documents Served: Service of Process on: Person Served, aud Method of Service: Description of Person Receiving Documents: Signature of Server: at 3724 Falstone Road , city of Richmond ,state of VA the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property A true and correct copy of the aforesaid document(s) was served on: KiE. Zahler By personally delivering them into the hands of the person to be served. D By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of The person receiving doc~IJIents is described as follows: Sext!1.-; SkinColo~r,t..t. ; HairColor~~'" ; FacialHairZeetre.o Approx. Age.yS- ; Approx. Height S~o. Approx. Weight I K"OIJ>. ['('To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Undersigned declares under penalty of perjury Subscribed and sworn to before me this _ he fore~oin~ true and correct 15(" day of moA-e..l., 20 0 z.-.. /J.: ~ l~r.Il~WQo.-.\.\..heY~~- Sigo reofServer (Date) N~bhc f<;:f:SfS{IODoEXpPl;t;)' APS International, Ltd. (T _"" APS File #: 051502-0001 r",i~~~Jki,;-~~"~~t"'k;"",cii;I!";__M"'i!.jH\~W~~i&,,,;tiJb"(dA~,j,""~",,j,'i-f,::~,__~~~~~WW1,s.,Ilrl~~iIli.Jili!Mj~MJ.i!iI!:lii:li'W""' ~'"~'~,.,.. " ",j.~ . .. \. (") ~, (-- ) c r:::.) n -:;-,-.. , Oi] (). -i:t., , fTI [~' ::TI 1 - ~ f'-~- ,] !"\"l 0) '-, '.0 >) c:J -<.; " .J~ ~c. , ."~-- -.,-', -- ,:,:.:;; --p ~~~ ~::,: C-) C) ::"";' i71 :::; :z:: ::> "'-, ::,~ ::n U:) -< g &/ ,-- ,,~_w,,~ ~. ,", "#__~~";~__ ., d ~ ~, __" . --"""" " --" ~," . "~~I;;'i '0"<' ''V~lW~,..,IW.'~/; , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which First Union at! Bk is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 20th day of Feb, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 6451, at the suit of First Union Nat! Bk against Kipp E Zahler is duly recorded in Sheriffs Deed Book No. 252, Page 3721. IN TESTIMONY WHEREOF, I have hereunto set my hand md 00,1 of.md ollk, ilij, If 'ty o:J2.t AD. 200~ Recorder of Deeds Ji;trt'''''.-. _If>:."~-~ -""""'"'" '~ ~~ L_~,,-- r~~ ~, '''<i''M',"'k"",,'1''<o~_' First Union National Bank of Delaware A/k/a First Union Home Equity Bank, N.A. VS Kipp E. Zahler In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6451 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Retum Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one ofthe within named defendants, to wit, Kipp E. Zahler, to his last known address of 3 724 Falstone Road, Richmond, VA 23234. This letter was mailed under the date of March 12,2002. The unopened letter was returned to the Sheriffs Office on April 29, 2002 with reason checked "UNCLAIMED." Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 9:09 o'clock A.M., E.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofKipp E. Zahler located at 583 Grahams Woods Road alkIa 583 Grahams Wood Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $76,000,00 to Attorney Mark J. Udren for First Union National Bank of Delaware. It being the highest bid and best price received for the same, First Union National Bank of Delaware of One Old Country Road, Suite 375, Carle Place, NY 11514, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $6,007.76. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills $30.00 1520.00 15.00 15.00 30.00 10.00 .50 1.00 4.14 11.65 15.00 20.00 200.00 511.85 366.55 25.20 ~ ~_,~~,~ 1>0- ""'~,-, Distribution of Proceeds Sheriff s Deed '" ~~L,_ I " . ~ L,_" 25.00 29.50 $2830.39 paid by attorney 07/05/02 Sworn and subscribed to before me This _ day of 2002, A.D. ~~ R. Thomas Kline, Sheriff Prothonotary Bt0d o{~ir/rvUkh Real Estat eputy ~~ - ~~ '~," '_;"M,,~');"; ~ ryf :J,b pU \ ,fiJ lk- 2:, ']4 57 ~ pl(,r3 ~.~~.' - -~Ilr;.r~-"'" ~,....,.- .- L'",,':c .- -. , I ~'. ~',~, -, ,"'~' "~"H '''i..~~J\J&_, . , SCHEDULE OF DISTRIBUTION SALE NO. 38 Date Filed: July 5, 2002 Writ No. 2001-6451 Civil Term First Union National Bank of Delaware fi'k/a First Union Home Equity Bank, N.A. VS Kipp E. Zahler 583 Grahams Woods Road a/k/a 583 Grahams Wood Road Carlisle, P A 17013 Sale Date: Buyer: Bid Price: June 5, 2002 First Union National Bank of Delaware $76,000.00 Real Debt: Interest: Attorney Costs: $116,651.11 3,402.30 107.80 Total: $ 120,161.21 DISTRIBUTION Receipts: Cash on account (3/12/02): Cash on account (5/24/02): Cash on account (7/05/02): Credit Writ: $1,000.00 500.00 4,507.76 69,992.24 Total Receipts: $76,000.00 ~ 1- ~'''''''''...._"~ Disbursements: To Sheriffs Costs: To Legal Search: To Cumberland County Tax Claim Bureau: Credit Writ: Total Disbursement: Balance for Distribution: ?~~~ R. Thomas Kline Sheriff '~- ~ -1.; Uk $2,630.39 200.00 3,177.37 69,992.24 ($76,000.00) 0.00 _0" 'C'i '~~~"'.,-,,,,-,"-'-'~ " " " -;,',"' .,",'-" 'I""" "", ~t.lii!I-l;t<#f."'.!n TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WilL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITIING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 38 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book ,Page RECITAL: BEING the same premises which Kipp E. Zahler and Deborah J. Zahler, his wife, by deed dated March 10, 2000 and recorded April 7, 2000 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 218, Page 1116, granted and conveyed to Kipp E. Zahler. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the road bed of Township Road, T -448, known as Graham's Wood Road, dedicated 25 feet from the centerline. 6. Building set back lines as shown on Final Subdivision Plan for Hobbyhorse Acres, recorded in Plan Book 60, Page 20. 7. Building and use restrictions imposed by deed recorded in Deed Book "R", Volume 34, Page 88, a copy of which is attached hereto. ~,I '",~.i ~'" -", " "' '"il~ -- ~, Ii;;""",' . 8. Rights granted to United Telephone Company ofPA by instrument recorded in Miscellaneous Record Book 34, Page 88. 9. Rights granted to United Telephone Company ofPA by instrument recorded in Miscellaneous Record Book 282, Page 17. 10. Rights granted to Adams Electric Cooperative by instrument recorded in Miscellaneous Record Book 294, Page 802. 11. Mortgage in the amount of $101,300.00 given by Kipp E. Zahler to Parkway Mortgage, Inc. dated March 10,2000 recorded April 7,2000 in the Office of the Recorder of Deeds in Mortgage Book 1605 Page 177. Assigned to First Union Home Equity Bank, N.A. by assignment recorded October 5, 2000 in Miscellaneous Record Book 656 Page 634. Complaint in mortgage foreclosure filed by First Union National Bank of Delaware, formerly known as First Union Home Equity Bank, NA. as Plaintiff against Kipp E. Zahler as Defendant on November 13, 2001 in the office of the Prothonotary of Cumberland County to File No. 2001-6451. Default judgment entered February 20, 2002 in the amount of$116,651.11. 12. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $3,157 .64 at the time of the subject sale. 13. Judgment in the amount of $1 ,995.51 entered by American General Consumer Discount Company as Plaintiff against Kipp E. Zahler as Defendant on May 2,2001 in the Office of the Prothonotary of Cumberland County to fIle No. 2001-2640. 14. Default judgment in the amount of $12,009.56 entered by Providian National Bank as Plaintiff against Kipp E. Zahler as Defendant on May 31,2001 in the Office of the Prothonotary of Cumberland County to file No. 2001-3328. 15. Complaint filed by Fifth Third Bank as Plaintiff against Kipp E. ZaWer and Deborah J. Zahler as Defendants in the Office of the Prothonotary of Cumberland County to file No. 2001-4394. Default judgment against Kipp E. Zahler only entered September 10,2001 in the amount of $9282.32. 17. Rights granted to Adams Electric Co-op, Inc. by instrument recorded October 4, 1995 in Miscellaneous Record Book 505 Page 423. 18. Real estate taxes accruing on and after July 1,2002 not yet due and payable. 19. Satisfactory evidence to be produc((d that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. ~. ".,,,,-,"L' _~ '~;;""'''-;P,,~;i':;: . 20. Satisfactory evidence to be produced that the advertisement of the premises for sale was sufficient in spite of the absence of any reference to the improvements on the subject property. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid bi ding nntil conntersigned by an authorized signatory. / LAW JOURNAL ..., 1QR6. (~ 10~ RE4L ~TATE ~E NO. 38 "--"'<"",':,' WIit No. 2001-6451 Civil First Union National Bank of Delaware. f/k/a FirSt Union Home Equity BOnk. N.A. VB.. IUpp E,. Zahler Atty.: Mark J.Udren ALL TIiAT CERTAIN tract 1)f land jituate in Upper Frankfo(d Town- ,hip. Cumberland County. Pennsy1- anIa. being descIibedas Lot No.6 - _',_ or I, - .","" CUMBERLAND LAW JOURNAL of the Hobbyhorse Acres Subdivi- sion prepared by Douglas S. Brehm. RS. dated July 23. 1989. and re- cOrded in Cumberland County Plan Book 60. Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road IT -448) at the dividing line between Lots 1 and '6 on the above-men- tioned Subdivision Plan; thence along sald dividing Une North 88 degrees 37 minutes 45 seconds East 500.00 feet to a pomt; thence along same South 0 I degree 22 min- utes 15 seconds East 320.00 feet to a point; thence along the dividing line between Lots 8 and lion sald Plan North 62 degrees 58 minutes 05 seconds West '357.60 feet to a point; thence along same South 88 degrees 37 minutes 45 seconds West 180.00 feet to a point on the eastern dedicated right of way of Grahams Wood Road: thence along said Iight of way North 03 degrees 27 minutes 03 seconds West 150.00 feet to a point: the place of Begin- ning. CONTAINING 101.295.32 square feet. UNDERAND SUBJECT to the fol- lowing building and use restIictions: 1. No building or any projection thereof shall be erected or main- " talned within ten (10) feet of any side or rear property line. 2. No trailer, mobile home or strnilar structure may be located on any lot. temporarily or permanently, for any use whatsoever. 3. No advertising or display signs shall be erected or maintained on any lot other than the customary "[or rent" and "for sale" .signs when the same pertain solely to the premises on which they are located. 4. Nothing shall be done on any lot which is or may become an an- noyance or nuisance to the neigh- -horhoad. 5. No lot shall be resubdivided. 6. No unlicensed vehicle shall be permitted on any lot at any tirne. unJ~ss the same is stored inside a garage used in conjunction with the principal residence erected on said lot. No recreational vehicles shall be permitted to be parked. temporarily or permanently, on any street or road. 7. No one-stoxy residence shall be erected which contains less than 1.100 square feet of living area. Any one-story residence shall have at- tached thereto a two-car garage. 8. No ,two-story residence shall be erected w~ con~s less than 1.500 square feet of liv1Ii.g area. Any two-story residence shall have at- tached thereto a tWo-car garage, 9. No more than one (1) singIe- family pIivate dweIImg house. to- gether With garage and accessory structures, shall be erected on any lot. BEING KNOWN AS 583 Grahams Woods Road. a/k/ a Grahams Wood Road. Carllste. PA 17013. PROPERTY TAX PARCEL NO.: 43-05-0419-028. TITLE TO SAID PREMISES IS VESTED IN Klpp E. Zahler. by deed from Klpp E. Zahler and Deborah J. Zahler. dated 3/10/00. recorded 4/7/00. in Deed Book 218. Page 1116. 3' - m~~ "~ . ~~,_" L "" ~~~ ~"~ ~~"'-'",J~'m ~"''''',..~'~' 'j'~~, , "jo MARK J. ~REN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF . First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 . . COURT OF COMMON PLEAS : CIVIL DIVISION : CUmberland County : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputedOwner(s): Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, VA 23234 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 American General Consumer Discount Company Address to follow providian National Bank Address to follow Fifth Third Bank Address to follow "' '" "~ I"",,>~:.:..,," - '.1.'-'" ~~'_c~_'<"', ,'"" '~~"'>!l.ii:il~I1i'il', , < " 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and property: Name address of every other person who has any record lien on the , 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 12 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, 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. DATED: February 15, 2002 REN & ASSOCIATES -,"""'.""..... ~~ .1. ,- X "'C,~l!l"_j,;"i~;,,' , " MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF . First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County : MORTGAGE FORECLOSURE Plaintiff v. Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 . . NO. 01-6451 civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Your house (real estate) at 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $116,651.11, 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 SAI,E To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the charges, costs and reasonable attorney's fees. you may call: jB56) 482-6900 mortgagee the back payment, late To find out how much you must pay, 2. You may be able to stop the sale by.f.iling 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.) "",,,,,""""',,, ~. ~o,' ~, I.......;,~:. ,',." ..> 'e [f crL'i~' , ~OU MAY STILL BE ABLE TO SAVE 'YO~ PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid~rice 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. 1>. 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 AP'FORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 =~~ . ,", - "" lIi'J -"',<- <~~~M,'- ALL THAT CERTAIN TRACT OF LAND SITUATE IN OPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 6 OF THE HOBBYHORSE ACRES SUBDIVISION PREPARED BY DOUGLAS S. BREHM, R.S. DATED JULY 23, 1989, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGUlNING AT A POIN'!' ON THE: ,EASTERN DEDICATED RIGHT OF WAY LINE OF 50 FOOT mDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS 1 AND 6 ON THE ABOVE: MEl'I'rrONED SUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES 45 SECONDS EAST 500.00 FEET TO A POINT; THENCE ALONG SAME SOUTH 01 DEGREE 22 MINUTES 15 SECONDS EAST 320.00 FEET TO A POINT; THENCE ALONG THE: DIVIDING LINE BETWEEN LOTS 6 AND 11 ON SAID PLAN NORTH 62 DEGREES 58 MINUTES OS SECONDS WEST 357.60 FEET TO A POINT; THENCE ALONG SAME SOUTH 88 DEGREES 37 MrNUTES 45 SECONDS WEST 180.00 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY OF GRAHAMS WOOD ROAD; THENCE ALONG SAID RIGHT OF WAY NORTH 03 DEGREES 27 MINUTES 03 SECONDS WEST 150.00 FEET TO A POINT; THE: PLACE OF BEGINNING. CONTAINING 101,295.32 SQUARE FEET. UNDER AND SUBJECT TO THE FOLLOWING BUILDING AND USE RESTRICTIONS: 1. NO BUILDING OR ANY PROJECTION THEREOF SHALL BE ERECTED OR MAINTAINED WITHIN TEN (10) FEET OF ANY SIDE OR REAR PROPERTY LINE. 2. NO TRAILER, MOBILE HOME OR SIMILAR STRUCTURE MAY BE LOCATED ON ANY LOT, TEMPORARILY OR PERMANENTLY, FOR ANY USE WHATSOEVER. 3. NO ADVERTISING OR DISPLAY SIGNS SHALL BE ERECTED OR MAINTAINED ON ANY LOT OTHER THAN THE CUSTOMARY "FOR RENT" AND "FOR SALE" SIGNS WHEN THE SAME PERTAIN SOLELY TO THE PRENISES ON WHICH THEY ARE LOCATED. 4. NOTHING SHALL BE DONE ON ANY LOT WHICH IS OR MAY BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. 5 . NO toOT SHALL BE RESUBDIVIDED. 6. NO UNLICENSED VEHICLE SHALL BE PERMITTED ON ANY LOT AT ANY TIME, UNLESS THE SAME IS STORED INSIDE A GARAGE USED' IN CONJUNCTION WITH THE PRINCIPAL RESIDENCE ERECTED ON SAID LOT. NO RECREATIONAL VEHICLES SHALL BE PERMITTED TO BE PARKED, TEMPORARILY OR PERMANENTLY, ON ANY STREET OR ROAD. 7. NO ONE-STORY RESIDENCE SHALL BE ERECTED WHICH CONTAINS LESS THAN 1,100 SQUARE FEET OF LIVING AREA. ANY ONE-STORY RESIDENCE SHALL HAVE ATTACHED THERETO A TWO-CAR GARAGE. 8. NO TWO-STORY RESIDENCE SHALL BE ERECTED WHICH CON'!'AINS LESS THAN 1,500 SQUARE FEET OF LIVING AREA. ANY TWO-STORY RESIDENCE SHALL HAVE ATTACHED THERETO A TWO-CAR GARAGE. 9. NO MORE THAN ONE (1) SINGLE-FAMILY PRIVATE DWELLING HOUSE, TOGETHER WITH GARAGE AND ACCESSORY STRUCTURES, SHALL BE ERECTED ON ANY LOT. BEING KNOWN AS 583 GRAHAMS WOODS ROAD AKA GRAHAMS WOOD ROAD, CARLISLE, PA 17013. PROPERTY TAX PARCEL NO.: 43-05-0419-028 TItLE TO SAID PREMISES IS VESTED IN KIPP E. ZAHLER, BY DEED FROM KIPP E. ZAHLER AND DEBORAH J. ZAHLER, DATED 3/10/00, RECORDED 4/7/00, IN DEED BOOK 218, PAGE 1116. !@!l\",t!~;"" ~~" ~-".-."~ "~ ~ ".....~D.Ili:lIil -~., I." '~~' .. ," .. . " I, """'" i!llJf'jjA""~~I~_",-,,!';!'l:""'-'^ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin In Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #38 ...................~.................................................. Member, Penn.ylvania Assooiatlon of No 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 $ Probating same Notary Fee(s) $ Total $ 364.80 1.75 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of generai circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ,.m.. '---1\ElQ;.~~ALENo.~8~ ce' " Wrlfll,i2ilbj~1 . =- - C-ivllTerm - , First Union National Bank of Delaware. flk/a First Union Home Equlif aank, N.A. VI .. Kipp 'E. Zahlar "C~- . ".'.ccAI\y:!.\JJ1<J.Udren :.DESCRIPIION 4 , : AlL TIiAT CERTAIN tract of land situate in ~Upper Fra~ord_ Townshlp. Cumbcrraild County, ~1\'aIlU,. beJ.)li descnoed a;; Lot No.6 of the ~1'Iohbyliorsc Acres subdivision prepared by .:J2Ql1i1>s S. Brehm.R.S. d,.d July 23. 1989. and ~tdedJ.llCwnbe.dand County. PIan Book 60, ~and'ioore fU.liY bounded and de~cribe~ as '; BEGlliNING at a point on the eastern dedicated 4-Jjghtd~..: .y ijne of 5~ r~. '. W.~de Grahams. Wood ~Rl al the di~ldma.lme bet\l<ecn Lot~ [ ~and 6 on the ab9~'e-ment1oned subdivision plan; ~.a1Q.Q&.s!liddjvidinilinenorth88de~es_ iJ:)ImiilTlICS)B- ~nds._east 5QQ.OO feet to a pornt; ~ ~i,~atongsame southUl degree 22minules 15 -=d~ eas1321100 ieefto a point; thence along ::. tbe.wvidilli line between Lots 6 and.! I on, said , , lIlan north 62 degrees 58 minutes 05 seronds we~t ~.60feelJQ.apojnt thence along same souib 88 ~ n minutes 4.\secood.s west 180.00 feet ~ _a 'Poilit_ on \he easte~_~di~o.led rigl~t-l.lr''/Iay of ""'.'roii1i~n'~ Woo.d Road; Thenl;e along said rWlt-of- ~ nofth 03 degrees 27 minutes 03 ~ecolllis west - ~O"OOfeet to apoinf; the{llace orBEGTI\W'NG. --rt\nf~i'irrjfI0t295,3Tsquare feel. ~ Under and subject to the Jollowi~ building and _ ;.userestriclioits: -or'an 'pro"cclion thcreofsl:lall be .. '~~JJ,O}}c~!}!n-<!! _ ., ';~'or~r~ slruc~ur:.: _ ~__,.OB:;~JS!.,,~tI;~!.Y.9L ~Cfiy,(oran}'usewbatsoever. - ~;~<<faQvpfiEi!1for~1ay s~ shall be ereded' ~J.mli:utaincl.on ,as.Y Lot_.p.lher than the ~ ~QfRc.nf" AA4 "FOJ:,S~e" signs when f.i5e.~artl,C-pertain wlely to the premhies on which_ "fhey.afc1ocatcd. ~4..NAtbln& sha11 be done__on any Lot which is or .--Way become an annoyance or nuisance to the ~oa ~Lo1s.ha1lbe.resuhdiridcl.- ~cciiseaveb1cles.baDbepcrmiltedcllany ,;J.oLalan.Ytime, unle~s.thesame isstpred inside a ~~Junction with the priridpaJ ~.residcnce...erected OQ said Lot. No recreational ';fiil<:> >b,U b<:.. jpIDiUed Jo be parked. , orarily or pc. .nn~ne~lly, on any street or road. oae-story resld~nce ~ be erected which };g1D1ainsJe.ss than 1.100 ~uare fee! of living area. ~ one.storY-j"e--sraeJjce'"~halI have attached' "'.fhere~QalI'tO.(argarage, ~..wo-~!oryreside~csIiallbeerectedy,.hich ~nf~~~leMJha(l,l,500 ~qua!e feet ofTIving area, ~.tWO:Sfo,ry residcgce ,shall have attp,ched _ ~ Q.iI.J:JIlo~.~ ~(LmQIC..1han ODe (1) ,single-family private l=.9Welli.og hous;. together with garage and '.:;g~"CJ""ry. ~trucfn1'f'~ ~h~I1_",. ,.""cted on an)' Lot. :-":.lUllNG .KNO\VN a 583 Grahams Woods Road a1 "ilau"""",W<odRoed.CarIW"PA 17013. ~OPERIYTaxP.ar:c.clNo,: 43-05-0419-028" .~ to said premises is vested in KJpp E. ~;\;;;~fromKiPPE.z.bI'''mdD<bonth . _ "~h'c1 3/10100, recorded 4flJOO. in Deed ~2.~~~eI116, "~"<r .. _~'O ~~'<"~ . ,. ~i-. , 1""""."IIIlQ'_~~' qr-'-"~~w,;^;..~ . "~~"\!,,.j;;,,~~,., , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthllll, 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, Vtz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOrM SEAL LOIS E. SNYDER, Notary PublIc CarIlsIe Boro, Cumbertand Counly My CommlI8ion ExpiIes March 5, 2005 = '" . REAL ESTATE SALE NO. 38 Writ No. 2001-6451 Civil First Union National Bank of Delaware, f/k/a First Union Home Equity Bank. N.A. vs. Kipp E. Zahler Atty.: Mark J. Udren ALL TIfAT CERTAIN tract of land situate in Upper Frankford Town- ship. Cumberland County. pennsy1, vania. being described as Lot No. 6 of the Hobbyhorse Acres Subdivi- sion prepared by Douglas S. Brehm. R.S. dated July 23. 1989. and re, corded in Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road [f-448) at the dividing line between Lots 1 and 6 on the above-men- tioned Subdivision Plan: then~e. along said dividing line North 88 degrees 37 minutes 45 seconds East 500.00 feet to a point; thence along same South 01 degree 22 min- utes 15 seconds East 320.00 feet to a point; thence along the dividing line between Lots 6 and lIon said -'Pian North 62 degrees 58"'rnmutes 05 seconds West 357.60 feet to a point; thence along same South 88 degrees 37 minutes 45 seconds West 180.00 feet to a point on the eastern dedicated right of way of Grahams Wood Road; thence along said right of way North 03 degrees 27 minutes 03 seconds West 150.00 feet to a point: the place of Begin- ning. CONTAlNlNG 101.295.32 square feet. UNDER AND SUBJECT to the fo1, lowing building and use restrictions: 1. No building or any projection thereof shall be erected 6'1' main- tained within ten (10) feet of any side or rear property line. ,,~"~.. .... ".J ~.~~ ....:....~i;;.,';"';"L :':;~~~~",",,:.#o-~a'''''1'"' 2. No trailer. mobUe 'home or similar structure may be located on any lot, temporarily or permanently, for any use whatsoever. 3. No advertising or display signs shall be erected or maintained on any lot other than the customary "for rent" and "for sale" signs when the same pertain solely to the premises on which they are located. 4. Nothing shall be done on any lot which is or may become an an- noyance or nuisance to the neigh- borhood. 5. No lot shall be resubdivided. 6. No unlicensed vehicle shall be permitted on any lot at any time, unless the same is stored inside a garage used in conjunction with the principal residence erected on said lot. No recreational vehicles shall be permitted to be parked. temporarily or permanently, on any street or road. 7. No one-story residence .shall be erected which contains less than 1.100 square feet of living area. Any one-story residence shall have af- tached thereto a two-car garage. 8: No two-story residence shall be erected which contains less than 1.500 square feet of living area. Any two-story residence shall have at- tached thereto a two-car garage. 9. No more than one (1) single- family private dwelling house. to- gether with garage and accessory structures. shall be erected on any lot. BEING KNOWN AS 583 Grahams Wood. Road. a/k/ a Grahams Wood Road, Carlisle. PA 17013. PROPERTY TAX PARCEL NO.: 43-05-04 t 9,028. TITLE TO SAID PREMISES IS VESTED IN Kipp E. Zahler, by deed from Kip? E. Zahler and Deborah J. Zahler. dated 3/10/00. recorded 4/7/00. in Deed Book 218. Page 1116. """,~,[".'^'!it............=-;j&<~'.' -' ~ ~ "illd' , *~I"",",,~ ~ I. ,";' 1 ~~ '~-~ 1 ~.. ~ , , Ji,;o;iW!l!l::wi!I!(:gj~1~4S\',-;,+~~~~,>,,;_\,.. WRIT OF EXEGUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6451 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK OF DELAWARE FIK/A FIRST UNION HOME EQIDTY BANK, N.A. CIO ROSICKI, ROSICKI & ASSOCIATES, P.C. ONE OLD COUNTRY ROAD, SIDTE 200, CARLE PLACE, NEW YORK 11514PLANTIFF(S) From KIPP E. ZAHLER 3724 F ALSTONE ROAD RICHMOND, VA 23234 (I) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: . and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $116,651.11 L.L. $.50 Interest FROM FEBRUARY 16, 2002 TO DATE OF SALE JUNE 5, 2002 PER DIEM @$30.93 $3,402.30 Atty's Comm % Atty Paid $107.80 Plaintiff Paid Date: FEBRUARY 20,2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division 0Y: ~~ > Q. 'T0AA.nf'~ REQUESTING PARTY: Name MARK J. UDREN, ESQ. Address: 1040 N. KINGS IDGHWAY, SIDTE 500 CHERRY IDLL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ill No. 04302 . ~ "7,~'.'~ .. "~.~ c':",-'&">'L_""""",j..t<rrf",~w~m~~~,;~.lli~,'.,,,,1;",.;f"18,!lJ~!'1iL'>,';';'."~$~.:jIliiUI!l!lI:t,~~-4- lI;(im~ 1_,: REAL ESTATE SALE No. 39; On March 12, 2002 the sherifflevied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, P A lmown and numbered as 583 Grahams Woods Road a/kIa 583 Grahams Wood Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: J;dL1J.S~ Reaf Estate Deputy e CjiiJ ~ CC' '-:1 G0 GW. \i' " \;1 t, '1 I c. 'i ~) J d _ ('"., ," .,1, ,1. . ~ ""1 [[;,1 La I! ZZ 93 J ^1~1;~.~ ' 'l:,,'HlD .::l.dIH3h:~ ~H-.L jlJ 3:)I.:UO ~-,- --"," .- ~~,~_.. - ,,~