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HomeMy WebLinkAbout03-2930IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERICA, Defendants. TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ,E'TMAN, L.P.A. I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Drive Menomonee Falls, WI 53051 AND THE DEFENDANT ARE: 1t 49 Easy Road Carlisle, PA 17013 WELTMAN, WEINBERG &/~/~.P.A, BYX OR.E S FOR ! HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED SY THIS LIEN IS: 1149 Easy Road Carlisle, PA 17013 Twp of Lower Franldord ,,~ WELTMAN, BY' A'FTORNEYS FOR PLAINTIFF NO. -- 3,5'30 ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02991903 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N,A,, assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, v, NO: DANNY L. RAUDABAUGH, OARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERIOA, Defendants. NOTICE TO DEFEND 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 (2.0) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP; Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERICA, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Bank One, N.A., assignee of Alta Financial Mortgage, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: The Plaintiff is Bank One, N,A., assignee of Alta Financial Mortgage, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendants are Danny L. Raudabaugh and Carrie E. Raudabaugh, adult individuals whose last known address is 1149 Easy Road, Carlisle, PA 17013. 3. The United States of America is joined as a Defendant in accordance with the terms of 28 U.S.C. §2410 as amended November 2, 1966, P.L. 89-719. A lien was filed on November 2, 2001 in the Prothonotary's Office of Cumberland County, Pennsylvania, by the United States of America against Defendants at FTL No. 01-06273, in the amount of $18,238.78; a lien was filed on December 11, 2001 in the Prothonotary's Office of Cumberland County, Pennsylvania, by the United States of America against Danny L Raudabaugh at FTL No. 01-06970, in the amount of $5,930.38; a lien was filed on December 11, 2001 in the Prothonotary's Office of Cumberland County, Pennsylvania, by the United States of America against Danny L. Raudabaugh at FTL No. 01-06971, in the amount of $50,485.03. 4. On or about September 14, 2000, the Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh, borrowed the sum of $86,000.00 from Plaintiff pursuant to the terms of a written agreement, and as security for repayment thereof, Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $86,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 4, 2000 in Mortgage Book Volume 1643, Page 341. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Alta Financial Mortgage, assigned all of its right, title and interest in and to the Mortgage to Plaintiff, pursuant to an Assignment of Mortgage, which was recorded on June 22, 2001, in Mortgage Book Volume 678, Page 856 6. The Defendants, , Danny L. Raudabaugh and Carrie E. Raudabaugh, are the current record and real owners of the aforesaid mortgaged premises. 7. The Defendants, , Danny L. Raudabaugh and Carrie E. Raudabaugh, are in default under the terms of the aforesaid written agreement and Mortgage. 8. Demand for payment has been made upon the Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh, by Plaintiff, but Defendants were unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. On or about May 6, 2003, Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh, were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 10. The amount due and owing Plaintiff is as follows: Principal interest thru 5/1/03 Late Charge thru 5/1/03 Escrow thru 5/1/03 Execution Costs thru 5/1/03 Attorneys' Fees thru 5/1/03 Other Charges 85,240.10 3,724.10 736.60 47.00 0.00 1,000.00 50.00 TOTAL $ 90,797.80 11. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $90,797.80, with interest thereon at the rate of $28.00 per diem from May 1, 2003, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN A~-rEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, W~L.P.A. Kimbedy J. Hong, Esquire Pa. I.D. #74950 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 PREPARED ROBERT ?, ZIEGLER RE¢OROER OF OEEOS ~ - (;UMSERLANQ COUNTY'- PA '00 OOT 9 ?FI 1 39 MASHBURR HORTGAGE THIS MORTGAGE ("Security Instrument') is given on 09/14/00 · The mortgagor is DANNY L. RAIJDABAUGH ANO CARRIE E. RA[JDABAUGH, HARRJED ('Borrower'). This Security Instrument is given to ALTA FINANCIAL MORTGAGE , its ~uucsssors &/or Its AsSigns which is organized and existing under the laws of Pennsylvania and whose address is 1 !01 Laurel Oak Road, ~uite 155, voorhees, N,J. ('Lender'). Borrower owes Lender the pr/nc[pal sum of E f g h t y S i x Y h o u s a n d D o l ......... Dollars(U.$.$ 86. 000.0o ). Thia debt is evidenced by Borrower's note dated the eame date as this Security Instrument. ("Note"), which provides for monthly payments, with the lull debt, if not paid earl/er, due and payable on 0 s / ] 9 / 30 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by, the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security idstrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the i'ol(owing described property located in c u m b e r l a n d County, Pennsylvania: Being more particularly described according to the legal description attached hereto and made a part hereof, whlch has the address of ~.~4s ~ASY ROAD [street] Penns~an~ 1 ~ 0 ~ 3 ("Pmpe~ Addre~"); TOG~HER WITH all the improvements mow or herea~er ere~ on the prope~y, a~ all ~sements, appu~s, a~ f~ures now or hereafter a ~fl ~ t~ pm~. c~er~ by this Secur~ InstrumenL NJ ~ the forgoing is mferr~ to In this S~u~ Inmrumeot as the "Pro~." BORROWE~ COVENA~S thai Bo~r is la~dly ~i~ d the e~te hereby ~ a~ ~ the dght to moP.ge, grant a~ ~vey lhe Pro~ and tM the Pro~ is unencum~r~, exce~ for encu~mnc~ d rec~d. ~er war.ts ~d ~11 defe~ gener~ly ~e ~e to t~ Pro~ ~t ~1 d~ ~ de~s, subje~ to any enc~bmn~s d mco~. PENNSYLVANIA--SINGLE FAMILY-FNMA/FHI MC UNIFORM I,NSTRUMENT ISC/(~MDTNJ//03~I/303f{9-gO)-L ~PAGE 1 OF6 FORM 3039 9/90 LOAN NO. ? 0 6 ~ TI~I~ SECURITY ~NSTRUMENT combines uniform covenants for natlon~J use and non-uniform covenants w~th ~1mited variations by jurfsdlction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrov~r and Lender covenant and agree as follows: ~. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shal~ promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funda for Taxes and Ineurem:e. Subject to applicable law or to a written waiver by Lender, Borrower ,s, haJl pay to Lender on the day monthly payments are due under the Note, unUI the Note is paid in fu~l, a sum ('Funds) for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehofd payments or ground rents on the Property, If any; (c) yearly hazard o,r property insurance premium,s; (d) yearty flood insurance premiums, if any;, (e) yesr~y mortgage insurance premiums, n any; and (f) any sums payeme by Borrower lo Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage Insurance premiums. These items are called "Escrow Items." Lender may, at anytime, cbllact and hold Funds in an amount nnt to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, f2 U.S.~, 2601 et seq. ('RESPA"), unless another law that applies to the Funds sets a leeser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and ressonabfa est/males of expenditures of future Escrow Items or otherwise in accordance with appliceble law. The Funds shall be held in an institution whose deposits ere insured by a federal agency, instrumentality, or entity .(including Lender, If Lender is such an institution) or in any Federal Home Loan Bank. Lender shell apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax repo~ng sen/ice used by Lender in connection w~h this loan, unJese appliceble law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender sha~l not be required to pay ~orrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without cherge, an annual accounting of the Funds, showipg credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional securfty for all sums secured by this Security Instrument.. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable law, if the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow items when due, Lender may so hotly Borrower in writing, and, in such case Borrower shell pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more then twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured bythis Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph ;?.1, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shell apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument, 3. Application of Payments. Unless applicable law providee otherwfsa, all payments received by Lender under paragraphs 1 and 2 shell be applied: first, to any prepayment charges due under the Note; second~, to amounts payable under paragraph 2; third, to interest due; fourth, to prfncipal due; and last, to any late charges due under the Note. 4. Charges; Uene. Borrower shell pay all taxes, assessments, cherges, fines and Impositions attributable to the · Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shell pay these obligations in the manner provided In paragraph 2, or if not paid in thet manner, Borrower sheit pay.them on time directly to the parson owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, if Borrower makes these payments dlrectly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which' has priory over this Security inStrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the tier by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. Jf Lender determines that any part of the Property is subject to a lien which may a~ain priority over this Security InStrument, Lender may give Borrower a notice identifying the lien. Borrower shall satiel'y the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard ~r Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against lose by fire, hazards included within the term 'extended coverage" and any other hazards, including flood~ or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the period.s, that Lender requires, The Insurance carrier providing the insqrance shell be c..h(~e,~, n by Borrower subiect to Lender s approva/ which shall not be unreasonably withheld. If BOrrower falls to':m~intaln coverage described abo~e, Lender may, at Lender's option, obtain coverage to protect Le~ler's rights in. the Propen'y in accordance with paragraph 7, PENNSYlVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30~9 9/90 I$C/CMDTNJ//SSg'I/3039(9-90)*L PAGE 2 OF 6 LOAN NO. ? 0 s ~ All insurance policies and renewals shall be acceptable to Lender and shell include a standard mortgage clause. 'Lender shell'heve the right to hbld the policies and mnawaie, If Lender requires, Borrower shell promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shell give prompt notice to the insurance carrlar and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender*~nd ,Borrower otherwise agree in writing, insurance proceeds shell be applied to restoration or repair of the.Property damaged, If the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not eConomiceJJy feasible or Lender's security would be lessened, the insurance proceeds shell be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Properly, or does not aoswe~' within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may cotlact the Insurance proceeds, Lender may use the ~roceeds to repair Or restor.~ the Property or to pay sums secured by this Security Instrument, whether or not'then due, he 30-day period will begin when the notice Is given. Unless Lender and Borrower otherwise agree In wnting, any application o! proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 ,and 2 or change the amount of the payments. If under i3aragraph 21 the Property is acquired by Lender, Borrower s right to any insurance policies and proceeds reaulting I~rom damage to the Property prior to the acquisition shell pass to l~ender Io the extent of the sums secured by th!s Security instrument Immediately prior to the acquisition, 6. Occupancy, Preservation, Maintenance and Protection of the Properly; Borrower's Loan Application; Leaseholds. Borrower she)l occupy, establish, and use the Property as Borrower's principal residence within sixty days alter the execution of this Security Instrument and shall continua to occupy the Property as Borrower's principal residence for at least one y~ar alter the date of occupancy, unless Lender otherwise agrees in writing, w?!ch consent shall not be unreasonably withhstd, or unless extenuating circumstances exist which are beyond Borrower s control. Bo?r~wer shell not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. BoDoweF shell be in default if any forfeiture action or proceeding, whether ch/ii or criminal, Is begun that in Lender's good faith Judgment could result In forfeiture of the Property or otherwise materially impair the lien created by this Security Instrun!ent or Lender's securfty interest. Borrower may cure such a default and reinstate, as provided in paragraph t8, by caos)ng the action or proceeding to be diemlssed with a ruling that, in Lender's good laith determination, precludes f~rfeiture of the Borrower's interest in the Property or other material impairment of the Jien created by this Security Instrument or Lender's security Interest. Borrower shell also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or fal)ed to proVide Lender with any material information) in connection with the loan evidenced by the Note, including, but riot limited to, repi'esantations concerning Borrower's occupancy o! the Property as a principal residence. I! this Security instrument is on a leasehold, Borrower shell comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold ~nd the fee tire shall not merge unless Lender agrees to the merger in writing. 7. Protec~ion of Lender's Rights In the Properly. If Borrower fails to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or 'regulations), then Lendei' may do and pay for whatever Is necessary to pr(~ect the vaice of the Property and Lender's rights In the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security InstrUment, appearing in court, paying reasonable attorneys' lees and entering on the Property to make repairs. AlthOUgh Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument, Un]ess Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shell be payable, with interest, upon notice from Lender to Borrower requesting payment, 8. Mortgage Inauranoa. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect, if, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previOUsly in effect, from an alternate morfgage insUrer approved by Lender. I! substantially equivalent mortgage insurance coverage is not: available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payment;= as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, ~f morfgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer ~pproved by Lender again becomes available and is obtained. Borrower shell pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. thspeoflon. Lender or its agent may make reasonable entries upon and Inspections of the Properly. Lender shall glv~ Borrower notice at the time of or prior to an inspection specifying re, asonable cause for the inspection. 10. Condemnation. The proceeds o! any award or claim lot damages, direct or conseq'~lal, in connection with any condemnation or other taking of any part of the Property, or for conveyance ~n Ilau of condemnation, are hereby assigned and shell be paid to Lender, PENN~YLVANIA-~SlNOLE FAMILY-FNMA/FI'fi. MC UNIFORM INSTRUMENT FORM 3039 ISC/C M DTNJ//O3g 1/3039 (9-90)- L PAGE 3 OF 6 LOAN NO, ? 0 6 z In the.event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security 7nstrument, whether or not then due, with any excess paid to Borrower. In the event of a pertial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender ctherwJse agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the p~oceads multiplied by the following fraction: (a) the total amount of the sums secured ~mmedlataly before the taking, divided by (b) the lair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. in the event of a part~ taking of the Property In which Ihe fair market value of the Properly immediately before the taking is less. then the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law ntherwise provides, the proceeds shall be applied to the sums secured by this Security Instr~m. ant whether or not the sums are than due. If the Prdpert¥ is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower ~aJls to respond to Lender wifhln 30 days after the date the notice is given, Lender is authorized to coflect and apply the proceeds, at its option either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless. Lender and Borrower otherwise agree in w~lng, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change lhe amount of such payments. 11. Borrower. Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to any successor In interest of Borrower shall not operate to release lhe liability of the odglnal Borrower or Borrrower's successors in interest, Lender shell not be required to commence proceedings against any successor in interest or refuse to extend time for payn~ent or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any dght or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Succeaaora and A~signe Bound; Joint and Several Liability; Co-slgnem. The covenants and agreements ot this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of,paragraph 17. Borrower's covenants and agreements shall be olnt and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) Is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest In the Property under the terms of this Security Instrument; (b) is not personally ob~igaled to pay the sums secured by this Seour~ Instrumenl; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note Wifhout that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, andlthat law Is finally interpreted so that the interest or other loan charges collected or to be coflacted in connactlon with the loan exceed the permitted limes, then: (a) any such loan charge shall be reduced by the amount necessary to:redUCe the charge to the permitted limE; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make Ihla refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated,as a partial prepayment without any prepayment Che~ge under the Note. ' 14. Notlea$. Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires uss of another method, The notice shall be directed to the Property Address or any other address Borrower destgnates by notice to Lender. Any notice to Lender shal~ be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any nctice provided for In this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;, $everablllty. This Security Instrument shall be {jovemed by federal law and the law ef the {~lriedlction in ~,w.h~ich the Property is Iocaled. In the event that any provision or c{ause ot this Security Instrument or the ore conflicts with applicable law, such conflict shall not affect other provlstons of this Security Instrument or the Note which can begiven effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are daelared to be severable. 16. Bon'Ower's Copy. Borrower shell be gh/en one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Intem~t in Borrower. If all or any part of the Property or any interest in it is sdd or transferred (or if a beneficial interest in Borrower is sold or transterred and Borrower is not a natural person) without Lender's prior wrilten consent, Lender may, at its option, require immediate payment in fl{ll ot all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise Is prohibited by federal law:as of the date of this Security Instrument. if Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less thhn 30 days from the date the notice Is deliverad or mailed within which Borrower must pay a{I sums secured by th!s Security Instrument. If Borrower fa{Is to pay these sums prior t,o the expiration'of, this period, Lender may invoke a,ny remedies permitted by this Security Instrument withoot further notice or demand'~h~orrower. PENNSLYVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTN J//0391/303g (9-gO)-L PAGE 4 OF 6 FORM 3031 9/90 LOANNO. 7o~2 'ts. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontlnead al any time prior to the earilerof: la) 5 days (or such other period as~ applicable!law may spac~ for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (bi entry of a Judgment enfomJng this Security Instrument.. Those conditions am =that BOrrOwer:. la)' pays Lender ail sums which than would be due under this Security Instrument and the Note as If no acceleration had occurred; lb) cures any default of any other covenants or agreement?; lc) pays all expenses Incurred in entoming this Security instrument, including, but not limited to, reasonable attorneys fees; and id) takes such action as Lender may reas0nab~y require to assure that the lien of this Securfty Instrument, Landar's rfghts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obilgatioea secured hereby shall rema~ f~y effective as If no acceleration had occurred. However, this right to reinstate shall not apply in the sase of acceleration under paragraph 17~ 19. Sale of Note; Change of Loan Se~vfoar. The Note or a partial interest in the Note (togethar with this Security Instrument) may be sold one or more times without prior notice to Sorrower. A sale may result in a change in the entity (known as the "Loan Servicer*) that collects mont,hly payments due under the Note and this Security Instrument. There aiso may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given wri~en n~tice of the change in accordance with paragraph 14 above and app~inable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also c in o~h rinf tent ui b a ~ slaw. usa or pe. it the presence, usa,' storage, or r ease of any Hazardous Subs~nces on or in the Property. Borrower shall not do, nor allow anyone elsa to do, anything affecting Iha Properb/that ie In violation of any Environmental Law. The preceding two sentences shall not apply fo the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be apprupdata to normal residential uses and to maintenance of the Property. Borrower shall prompUy.give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that any removal or other remedlaticn of any Hazardous Substance affecting the Property is necessary, Bo,rrower shall promptly tske all necessary remedial actions In accordance wi~h Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances.' gasoline, kerosene, other flammable or toxic petroleum products, tOXiC pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioaclive materials. As used in this paragraph 20, 'Environmental Law" means federal laws and laws of the ju~4sdiction where the Property Is located that relate to health, sataty or environmental protection. NON-UNiFORM COVENANTS. Sorrower and Lender further covenant and agree as follows: 21. A¢oalerstlon; Remedies. Lender shall give nntice to Borrower prior to aooefe~atlon following Borrower's breech of any covenant or agreement in this SeCurity Instrument (but not prior to acceferntlon under paragraph 17 unless applicable taw Ixovk:lea othm, wlse). The notice shall apeclty: la) the default; (b) the aotion required to curs the default; (o) a date, not less than 30 days from the d~te the notloa is given to Bon'ower, by which the default must he cured; end id) that failure to cure the default on or before the date specified In the notice may result in acoalerstlon of the sums secured by this Security Instrument, forsclosurs by Judiefal proceeding and sale of the PrOperty. The notice shall further inform Bom)war of the right to reinefate after acceleration and the right to assert in the foreclosurs prooaedlng the non-exlefsnoe of a default or any other defense of Borrower to acceleration end foreefoaurs, If the default is not cured on or befors the date speoifled In the notice, Lender at Its Ol~ion may requirs Immediate payment in full of all sums secured by this Security In~b'ument without further demand and may forecloea thia Securlty lnatrumem by Jddl¢i~l preceedlng. Lender shall be entitled to colleot all expenses Inourrsd in pursuing the rsmedles provided: In this paragraph 21, Including, but'not limited to, attorney?' fees and costs of title evidence permitted by Rules of Court. 22. Release. Upon payment ot all sums secured by this Security instrument, Lender sha)l oance] this Security Instrument without charge to Borrower. Burrower shall pay any recordation costs. PENNSYLVANiA--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMOTNJ//039 i/.3039(9.90)-L PAGE 5 OF 6 FORM LOAN NO, ~ o 6 2 23. Weivem. Borrower, to the extent perm~ed by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future:laws providing for stay or execution, extension o~ time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shaJl extend to one hour prior to the commencement of bidding at a sherift's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, the Security Instrument shall be a purchase money mortgage. 26. Interent Rete After Judgment. Borrower agrees that the interest rate payable after, a judgment is entered on the Note or in action~ of mortgage forec/osure shall be the rate payable from time to time under the Note. : 27. Riders to this Security Instrument, If one or mor~ riders are executed by Borrower and recorded together with this Seourity Instrument, the convenants and agreemehts of each such rider shall be incorporated Into and shall amend and supplement the convanants and agreements of this Security instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] []Adjustable Rate Rider D Condominium Rider [] 1--4 Family Rider []Graduated Payment Rider [] BalloOn Rider [] Planned Unit Development Rider [~ Rate improvement Rider [] BF~eeldy Payment Rider [~ Second Home Rider [] Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained .In this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses; CARRIE E. RAUDA~AU(~{ COMMONWEALTH OF PENNSYLVANIA, I~ ('~(.~ County ss: _ this ]4th dayof SeptemDer , :~ 00 ' ,befomme, al~appeared DANNY L . RAUDABAUGH AND CARR[E E. RAUDABAUGH, MARRIED ~;'~ ~ ~mon(s) named in ~d ~o exec~d ~ w~hin Jn~rument, and thereupon ackno~d th~ ~-~ sgn~, ~a~dand deJ~r~ ~e~meas h I s / h e r amandd~d,~rthepurpo~ffier~n~pms~d. ~e, ~m, Yom ~ PENNSYLVANIA-~INGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT I$C/CMDTN, J//0391/3039 (9-90}- L PAGE 6 OF 6 Notary - FORM 3039 9/90 00d643 .,346 05ti2/28~3 12:09 S5567e94~5 PANJ LAND TRANSFER PAGE 60 Year Search Page 5 of 5 DESCRiPTiON ALL TH. AT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. MeKeehan, as recorded in the Of'flee of the Recorder of Deeds for Cumberland County' in Plan Book 33, Page 8], as follows: BEGINNING at a point in the centerline of Township Road T-487, also known as Easy Road, said point being on the dividing line between Lots Nos. 16 aM 17 on the aforesaid Subdivision Plan; thence along said dividing line by land now or formerIy of James Tush, North 85 degrees 18 minutes 14 seconds West 300 feet to a point; thence by land now or formerly of Paul L. McKeehan and Faye g MeKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on the dividing line between Lot.q Nos. I? and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 18 minutes 14 seconds F.a~t 300 feel to a point in the center line of Township Road No. T-487 aforesaid; thence by the center line of said Road, South 4 degrees 41 minutes 50 seconds West 150.07 feet m a point, and the place of beginning. CONTAINING 45,021 square fee~ and being Lot No. 17 on the aforesaid Subdivision Plan. SUBJECT, however, to the following building and use, restrictions, and conditions with which the Grantees, for themselves, their heirs and assigns, agree to comply by the aeeeptanee of this deed: 1. Said tract shall be used for residemial purposes only. Being Parcel No. 14-05-0423-059 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us, If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Karen V. Zurowick Foreclosure Specialist , of Bank One, N.A., plaintiff herein, that he/she is duly (TITLE) authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Sig nature)~~~"-~- IN THE COURT OF COMMON PLEAS THE COUNTY OF CUMBERLAND BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERICA, Defendants. Civil Action No. STIPULATION It is hereby stipulated and agreed by and between counsel for plaintiff, and the defendant, United States of America, as follows: 1. That the premises referred to in Exhibit '%' of the Comp aint owned by the Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh 2. That the Federal tax lien referred to in paragraph 3 of the plaintiff's Complaint is junior in time to the plaintiff's mortgage set forth in paragraph 5 of said Complaint. 3. That the defendant, United States of America is not indebted to the plaintiff. 4. That the defendant, United States of America, agrees to the entry in this action of a judgment in favor of the plaintiff and against the United States of America for foreclosure and sale of the mortgage property. 5. That the aforesaid premises shall be sold at a judicial sale, notice of which shall be served on the defendant, United States of America. 6. That the judicial sale of said property shall discharge the Federal Lien referred to in Paragraph 3 of said Complaint. 7. That the proceeds of sale shall be divided and distributed as the proceeds of the parties may be entitled. 8. That the defendant, United States of America, preserved its right of redemption as provided in Title 28 United States Code, Section 2140 (c). proceeding. 9. The parties to this Stipulation shall bear their own respective costs in this Respectfully submitted, BY: Attorneys for Defendant United States of America WELTMAN, WEINBERG & REIS CO., L.P.A. Kimberly J. Hong Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, NA., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff vs. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERICA, Defendants No. 03-2930 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT (IN REM) AGAINST DANNY L. RAUDABAUGH and CARRIE E. RAUDABUGH, ONLY I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: N54 W13600 Woodale Drive Menomonee Falls, WI 53051 Kimberly J. Hong, Esquire PA I.D. NO. 74950 ANDTHEDEFENDANTIS: 1149 Easy Road Carlisle, PA 17013 LP.A. WELTMAN, WEIN~//~EI.~ CO., BY: ATTORNEYS FOR PLAINTIFF Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02991903 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff No. 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH, and THE UNITED STATES OF AMERICA, Defendants PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh, above named, in the default of an Answer, in the amount of $93,803.02 computed as follows: Principal Interest thru 8/18/03 at the legal interest rate of $28.00 per diem Late Charges thru 8/18/03 NSF charges thru 8/18/03 Execution Costs thru 8/18/03 Attorneys fees thru 8/18/03 Title Search TOTAL $ 85,240.17 $ 6,776.19 $ 676.66 $ 60.00 $ 0.oo $ 1,000.00 $ 5O.OO $ 93,803.02 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REiS CO., L.P.A. By: Kimberly J. Hong Weltman, Weinberg & Reis Co., LP.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: . Hon~g Kimberly Weltman, Weinberg & Reis Co., L.P.A 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Civil Action No. 03-2930 CIVIL TERM Defendants. IMPORTANT NOTICE TO: Danny L. Raudabaugh 1149 Easy Road Carlisle, PA 17013 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THiS CASE. 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: Philadelphia Bar Association Lawyer Referral Service One Reading Center Philadelphia, PA 19107 215-238-1701 WELTMAN, WEINBERG & REIS CO. L.P.A. Kimberly J. Ho~{~ Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7~ Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff vs. DANNY L. RAUDAE, AUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Civil Action No. 03-2930 CIVIL TERM Defendants. IMPORTANT NOTICE TO: Carrie E. Raudabaugh 1149 Easy Road Carlisle, PA 17013 Date of Notice: (~/~/~ ~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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: Philadelphia Bar Association Lawyer Referral Service One Reading Center Philadelphia, PA 19107 215-238-1701 WELTMAN, WEI~ &_..REIS C0;~ L.P.A. / Kimberly J. Hong Weltman, Weinberg & Reis co. L.P,A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SHERIFF ' S CASE NO: 2003-02930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS RAUDABAUGH D~JqNY L ET AL RETURN - REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon P~AUDABAUGH DANNY L the DEFENDANT , at 1810:00 HOURS, on the 15th day of July , 2003 at 1149 EASY ROAD CARLISLE, PA 17013 CARRIE RAUDABAUGH, WIFE a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit ,00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~ ~ day of ' Prothonotary '~ So Answers: R. Thomas Kline 07/16/2003 y Sheriff SHERIFF' S RETURN - REGULAR CASE NO: 2003-02930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS RAUDABAUGH DANNY L ET AL JASON VIOR3tL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT RAUDABAUGH CARRIE E DEFENDANT , at 1810:00 HOURS, at 1149 EASY ROAD CARLISLE, PA 17013 CARRIE RAUDABAUGH Sheriff or Deputy Sheriff of who being duly sworn according to law, FORE was served upon the on the 15th day of July , 2003 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this L~ day of ot ~33 A.D. So Answers: R. Thomas Kline 07/16/2003 WELTMAN WEINBERG REIS By: ~y Sh~or~ff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02930 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE NA VS RAUDABAUGH DANNY L ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT UNITED STATES OF AMERICA THE but was unable to locate Them deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On July 16th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 07/16/2003 ~/. _~>"~. : Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this ~- day of ~,~ A.D. Prot honot:~.ry In The Court of Common Pleas of Cumberland County, Pennsylvania Bank One VS. Danny Raudabau~h et al SERVE: United~St~tes of America No~ - 03-2930 civil Now, June 24, 2003 hereby, deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execut~ this Writ, this NOW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS. SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Shc'riff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin A~-D NOW:July 2, 2003 COMPLAINT IN MORTGAGE FORECLOSLTRE UNITED STATES OF AMERICA FEDERAL BUILDING to PATRICIA WISCOUNT (SEC) : BANK ONE vs : UNITED STATES OF AMERICA Sheriff's Return No. 1599-T - -2003 OTHER COUNTY NO. 03 2930 at 9:40AMserved the within upon by personally handing 1 true attested copy(les) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 228 WALNUT STREET HARRISBURG, PA 17108-0000 Sworn and subscribed to before me this 3RD ! day of JULY, 2003 PROTHONOTARY So Answers, Sherif~~hin County, Pa. By '--DeputySheriff Sheriff's Costs:S25.50 PD 07/02/2003 RCPT NO 180312 SS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff; NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UENITED STATES OF AMERICA, Defendants. TYPE OF PLEADING: PRAEC1PE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02991903 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaimiff, VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. TO THE PROTHONOTARY: NO: 03-2930 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh for the amount of: 1. Judgment Amount Interest at the rate of $28.00 per diem from 8/18/03 to 12/10/03 2. Late Charges thru 12/10/03 $ 93,803.02 $ 3,220.00 $ 132.60 TOTAL $ 97,155.62 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Date; Costs (to be added by Prothonotary) $ Kimberly J. Hong Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2930 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, N.A., ASSIGNEE OF ALTA FINANCIAL MORTGAGE, Plaintiff (s) From DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH AND THE UNITED STATES OF AMERICA (l) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also dkected to at~ach the property of the defendant(s) not levied upon in the possessinn of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify lfim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,803.02 L.L. $.50 Interest AT THE RATE OF $28.00 PER DIEM FROM 8/18/03 TO 12/10/03 ~ $3,220.00 Atty's Corem % Arty Paid $183.40 Plaintiff Paid Date: SEPTEMBER 9, 2003 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prnthy $1.00 Other Costs LATE CHARGES THRU 12/10/03 - $132.60 CURTIS R. LONG Prothonot~.r~ Deputy iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaimiff, VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. NO: 03-2930 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COLrNTY OF ALLEGHENY ) Bank One, N.A., et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Danny L. Raudabaugh and Carrie E. Raudabaugh located at 1149 Easy Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, iNTEREST AND CLAIM OF DANNY L. RAUDABAUGH AND CARRIE E. RAUDABAUGH OF, iN AND TO: ALL THE FOLLOWiNG DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAViNG ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1149 EASY ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME L-33, PAGE 1096, PARCEL NUMBER 14-05-0423- 059. the real property to be sold: The name and address of the owners or reputed owners: Danny L. Raudabaugh and 1149 Easy Road Carrie E. Raudabaugh Carlisle, PA 17013 The name and address of the Defendants in the judgment: Danny L. Raudabaugh and 1149 Easy Road Carrie E. Raudabangh Carlisle, PA 17013 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et. al. Tax Claim Bureau Hempt Brothers, Inc. PA Dept. of Revenue Unemployment Compensation Fund The Sentinel IRS (Plaintiff) One Courthouse Square Carlisle, PA 17013 205 Creek Road Camp Hill, PA 17011 Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 PA Dept of Labor, 16th Floor Harrisburg, PA 17121 457 East North Street Carlisle, PA 17013 US Treasury Office 1000 Liberty Avenue Pittsburgh, PA 15222 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et. al. (Plaintiff) Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution, No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this ~'7/~7~) day of ,.~fi~003, Notary Pu~j!~c ff NOTARIAL SEAL ANGELA M. SCHOF)ELD, NOTARY PUBLIC CI~ OF PITTSB~GH, ALLEGHENY COUNTY MY COMMISS~ON ~P~R~S MARGH 8, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Danny L. Raudabaugh and 1149 Easy Road Carlisle, PA 17013 Carrie E. Raudabaugh 1149 Easy Road Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Heating Room Carlisle, PA on December 10, 2003 at 10:00 A.M., the following described real estate, of which Danny L. Raudabaugh and Carrie E. Raudabaugh are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAiM OF DANNY L. RAUDABAUGH AND CARRIE E. RAUDABAUGH OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1149 EASY ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME L-33, PAGE 1096, PARCEL NUMBER 14-05-0423- 059. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank One, N.A., et. al., Plaintiff, VS. Danny L. Raudabaugh, Carrie E. Raudabaugh and The United States of America, Defendants. at Execution Number 03-2930 CIVIL TERM in the amount of $ 97,155.62, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Walt of Execution. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days fi.om the date when Schedule of Distribu'tion is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your fights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal fights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the fight to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition With the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG .~IS, CO.,~L.P.A. Kimberly J. Hong, ~//~~Esquire /~/' ~ Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Petti~sylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL& CWIL DWISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in Low~ Frankford Township, Cumberland County, Pennsylvania~ bounded and descrlb~d in ae~orclanee with a Subdivision Plan of Lots for Paul L. · McKeehan, as recorded in the Offic~ of the Recorder of De~ls for Cumberland County. in Plan Book 33, Page 81, as follows: BEGINN'TblG at a point in the centerline of Town~ip Rcau:l T487~ aho known as Easy Road, ~dd point being on the dividing line hetwecn Lo~ Nos. 16 and 17 on the aforesaid Subdivision Plan; thence along said dN, iding line by land now or former~ of Jam~s Tush, North 85 degreea 18 minntes 14 s~eonds West 300 feat to a point; thenaa by land now or form~ly of Paul L. McK*-..han and Pay~ L. McKeehan, bis wife, North 4 degr~s 41 minutes 50 seconds East 150.07 feet to a point on the dividing line be~'we~n Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thenc~ by said dividing line, South 85 degrees 18 minutes 14 s~conch East 300 feet to a point in the center llne of Township R~tt No. T-457 aforesaid; thence by the c~nt~r line of said Road, South 4 degrees 41 rainut~s 50 seconds West 150.07 feet to a point, and the place of beginning. CONTAINING 45,021 square'feet and being Lot No. 17 on the aforesaid Subdivision Plan. SUBJ-ECT, however, to the folloxving building and use, restitutions, and conditions with which the Grantees, for th~nselves, their heirs and assigns, agree to comply by the aCO~l:rtance oft]lis de~l: BEING the same premises which Paul L. McKeehan and Fay L. McKeehan by Deed dated July 22, 1988 and recorded in Cumberland County on July 22, 1989 at Deed Bb'[k Volume L-33, Page 1096, granted and conveyed to Danny L. Raudabaugh and Carrie E. Randabaugh. WELTMAN, WEINBERG & REIS, CO., L.P.A. Parcel No: 14-05-0423-059 Kimberl J Horn ;,~1~ y . !g, ~qmre Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaimiff, VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. NO: 03-2930 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Bank One, N.A., et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Danny L. Raudabaugh and Carrie E. Raudabaugh located at 1149 Easy Road, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANNY L. RAUDABAUGH AND CARRIE E. RAUDABAUGH OF, iN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1149 EASY ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME L-33, PAGE 1096, PARCEL NUMBER 14-05-0423- 059. the real property to be sold: The name and address of the owners or reputed owners: Danny L. Raudabaugh and 1149 Easy Road Carrie E. Raudabaugh Carlisle, PA 17013 The name and address of the Defendants in the judgment: Danny L. Raudabaugh and 1149 Easy Road Carrie E. Raudabaugh Carlisle, PA 17013 The name and last known address of every judgment creditor whose judgment is a record lien on Bank One, N.A., et. al. Tax Claim Bureau Hempt Brothers, Inc. PA Dept. of Revenue Unemployment Compensation Fund The Sentinel IRS (Plaintiff) One Courthouse Square Carlisle, PA 17013 205 Creek Road Camp Hill, PA 17011 Bureau of Compliance Dept. 280946 Hamsburg, PA 17128 PA Dept of Labor, 16th Floor Harrisburg, PA 17121 457 East North Street Carlisle, PA 17013 US Treasury Office 1000 Liberty Avenue Pittsburgh, PA 15222 The name and address of the last record holder of every mortgage of record: Bank One, N.A., et. al. (Plaintiff) Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this ~)~)dayof _~j~3. Notary Pu~!fi c F x NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC CiTY OF PITTSBURGH, ALLEGHENY CO[JNTYI MY COMMISSION EXPIRES MARCH 8, 20C3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. NO: 03-2930 CIVIL TERM AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned author/ty, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 1149 Easy Road, Carlisle, PA 17013 are Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh who reside at 1149 Easy Road, Carlisle, PA 17013, to the best of her infom~ation, knowledge and belief. Sworn to and subscribed before me this C/~day o f .~ffJ/52~-~, 2 O0 3. NOTARIAL SEAL ANGELA M. SCHOFIELD, NOTARY PUBLIC CITY OF PITTSBURGH, ALLEGHENY COUNTY i t__ MY COMMISSION EXPIRES MARCH R, 2005 .i KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION BANTL ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about May 6, 2003, Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. and Notices of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 Take Action to Save Your Home From Foreclosure pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et. seq. The foregoing statement is true and correct to the best of my knowledge, information and beliefi KIMBER E Sworn to and subscribed before me, I NOTARIAL SEAL ~ ANGELA M. SCHOFIELD, NOTARY PuDDC CI~ OF pi~SB~GH, ALLEGHENY COBb~T~ ~ ~ COMMISSION ~PIRES MARCH ~, ;0(~,: ~ Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNITED STATES OF AMERICA, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129.2(c) TO: TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on December 10, 2003 at 10:00 A.M., the following described real estate, of which Danny L. Raudabaugh and Came E. Raudabaugh are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAiM OF I-)ANNY L. RAUDABAUGH AND CARRIE E. RAUDABAUGH OF, 1N AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 1149 EASY ROAD, CARLISLE, PA 17013. DEED BOOK VOLUME L-33, PAGE 1096, PARCEL NUMBER 14-05-0423- 059. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Bank One, N.A., et. al., Plaintiff, VS. Danny L. Raudabaugh and Carrie E. Raudabaugh, Defendants. at Execution Number 03-2930 CIVIL TERM in the amount of $ 97,155.62, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distr/bution will be filed with the Office of the Sheriff no later than thirty (30) days fi.om sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments regarding this Sheriff sale you should contact your attorney as soon as possible. WELTMAN, WEINB~y L.P.A. Kimbefly J. Hong, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNTIES STATES OF AMERICA, Defendants TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Beha]f of: Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02991903 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNTIES STATES OF AMERICA, Defendants AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on the Defendants, Danny L. Raudabaugh and Carrie E. Raudabaugh. 1. On or about September 8, 2003, Plaintiff mailed Defendants, a copy of the Notice of Sheriff's Sale, by certified mail, return receipt requested, to 1149 East Road, Carlisle, PA 17013. 2. On or about September 15, 2003, Plaintiff received the signed certified mail receipt indicating that a copy of the Notice had been served on the Defi,'ndants. A true and correct copy of said signed certified mail receipt is marked Exhibit "A". Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Sworn Jf).and subscribed hefore me This /~'~ day of ~/f~/'~/:2~J/"-' ,2003 otary Puk(~c ' / " NOTAR AL SEAL I ANGELA M. SCHOFIELD, NOTARY PUBLIC] CiTY OF pIYI'sBURGH, ALLEGHENY COUNTY] MY COMMISS ON [rfp RES MARCH 8, 2006 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArUcle Addressed to: Address Received by Date of Daiiw D. Is daiNery address differenl [] Yes If YES, enter delivery address baiow: [] No liServic ype [] Regis[ere<:[ ~,~stum Receipt for Merchandi · Restricted Daiive~? (Extra Fee) [] Yes 2. Article Number (T~F~ ; from service label) 7003 0500 0002 8546 8336 PS Form 3811, August 2001 Domestic Return Receipt · Comptste items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Artiaie Number {Transfer from service labe~ ~ Signature [] Address · Received b Date of Daiiv~ D. is daiivery address different fll n item 1 ? [] Yes If YES, enter daiivery address below: [] No Service Type [] Oertibed Mail [] Express Mall [] Registered [] Return Rec~pt for Merchandi-~ [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7003 0500 0002 8546 8343 PS Form 3811, August 2001 I~omestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNTIES STATES OF AMERICA, Defendants NO: 03-2930 CIVIL TERM TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf off Plaintiff Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bui Iding 436 7th Avenue Pittsburgh, PA 15:219 WWR #02991903 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK ONE, N.A., assignee of ALTA FINANCIAL MORTGAGE, Plaintiff, NO: 03-2930 CIVIL TERM VS. DANNY L. RAUDABAUGH, CARRIE E. RAUDABAUGH and THE UNTIES STATES OF AMERICA, Defendants LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on September 25, 12003 and September 30, 2003. True and correct copies of said certificates of mail am attached hereto as Exhibit "A". WELTMAN, WEINBERG &/REIS CO., L.P.A. Kimberly J. Hong Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Sworn to and subscribed b~fore me This/,~]- day of t~Tt~/~-~'~ , 2003. NOTARIAL SEAL ~ANGELA M. SCHOF ELD, NOTARY PUBLICl CiTY OF PwrsBuRGH, ALLEGHENY COUNTY ~MY COMMISSION EXP RES MARCH 8, 2006 J U.S, POSTAL SERVICE i;t=~¥iFICATE OF MAILING MAY BE USED FOR DOMESTIC AND iNi1~RNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE-POSTMASTER .! ,? U.S. pOSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC S~T~TT~RNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE-POS U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AN[) iNTeRNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE-POSTMASTER U.S. pOSTAL SERVICE MAIL, DOES NOT U,S. POSTAL SERVICE CERTIFtCATE OF MAILING - MAY BE USED FOR DO MEES~pCos~T~RRNAq'IONAL MAIL DOES NOT U.S. POSTAL SERVICE CERTIFICATE OF MAILING--,. MAY ~E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR tNSURANCE-POSTMASTER . -- 'S Form 3817, January 2001 Bank One, N.A., assignee of Alta In The Court of Common Pleas of Financial Mortgage Cumberland Cotmty, Pennsylvania VS Writ No. 2003-2930 Civil Term Danny L. Raudabangh and Carrie E. Raudabaugh R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kimberly Hong. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Service Law Journal Patriot News Law Library Prothonotary Postpone Sale Share of Bills 30.00 14.27 15.00 15.00 15.00 30.00 6.90 307.25 244.54 1.00 20.00 28.90 $ 727.86 paid by attorney 03/01/04 Sworn and subscribed to before me So Answel.~: This :~ ~ day of' '~cz~-~- ~ , R. Thomas Kline, Sheriff Prothonot~ Real Esta~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunde..v 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or 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", PUBLICATION ................................... Member, pennsylvania Associalion Of No~aries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 · ,'~~'~. Statement of Advertising Costs s~j~... ~tl=~ ~ To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached ]~. "~--~~1~; hereto on the above stated dates ~~~ Total $ 244,54 ~'~'~' Publishers Receipt for Advertlsin~ Cost ~a~~'~ o., ~ublish~ of Th~ P~triot-N~w~ ~n~ Tho Sun~ P~triot-No~B, n~sp~p~rs of ~n~ral ~ ~:~ ~ ~ ~ ~ ~ge receipt of the aforesaid notice and publication costs and ce,ifies that the same have Z~4~~ By .................................................................... ~No, 1~2~9, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~A~ F~TATE SA~ NO. 42 Writ No. 2003-2930 Civil Bank One, N.A., assignee of Alta Financial Mortgage vs. Da,may L. Raudabaugh and Carrie E. Raudabaugh Atty.: Kimberly Hong LONG FORM DESCRIPTION ALL THAT CERTAiN tract of land situate in Lower Frankford Town- ship. Cumberland County. Pennsyl- vania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. McKeehan. as recorded in the Office of the Record- er of Deeds for Cumberland County in Plan Book 33, Page 81. as roi- BEGINNING at a point in the centerline of Township Road T-487, also known as Easy Road. said point being on the dividing line between Lots Nos. 16 and 17 on the afore- said Subdivision plax-t: thence along said dividing line by land now or formerly of James Tush. North 85 degrees 18 minutes 14 seconds West 390 t~et to a point: thence by land now or formerly of Paul L. McKeehan and Faye L. McKeehan. his wife, North 4 degrees 41 min- utes 50 seconds East 150.07 feet to a point on the dividing line be- tween Lots Nos, 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line. South 85 de grees 18 minutes 14 seconds East 300 feet to a point in the center line of Township Road No. T-487 afore- said: thence by the center line of said Road. South 4 degrees 41 mba- utes 50 seconds West 150.07 feet to a point, and the place of begin- ning. CONTAINING 45.021 square t~et axxd being Lot No. 17 on the afore- said Subdivision Plm~. tot SWORN TO AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003 LOIS E. SNYOER, Notmy Public Ca,isle Bom, Cumbedm:l County iV,,/Commission F. xpim Marm S, ~OOS BEGINNING at a potht in the centortine of Township Road T-487. also known as Easy Road, said point being on the dividing line between Lots Nos. [6 and l? on the al'ore- said Subdivision Plan; thence along said dividing line by land now or formerly of darims Tush. North 85 degrees 18 minutes 14 seconds West 300 leer to a point: thence by land now or formerly of Paul McKeeha~ and gaye L, MeKeehan, his wife, North 4 degrees 41 min- utes 50 seconds East 150.07 lket to a point on the dividing line ~veen Lots Nos. 17 and 18 on the aforesaid SubdWision Plan: thence by smd dividing line. South 85 de- grees 18 minutes i4 seconds East 300 feet to a point in the center line of Township Road No. T~487 al'ore- said; thence by the center line of said Road, South 4 degrees 41 mm- utes 50 seconds West 150.07 t}et to a point, and the place of begin- ning. CONTAINING 45.021 square feet and being Lot No. 17 on the afore- said Subdivision Plan. SUBJECT, however, to the tbl- lowing building and use, restric- tions, and conditions with which the Grantees, for themselves, their heirs and assigns, agree to comply by the acceptance of this deed: BEING the same premises which Paul L. McKeehan and Fay L. McKeehan by Deed dated July 22, 1988 and recorded in Cum- berland County on July 22, 1989 at Deed Book Volume L-BB, Page 1096. granted and conveyed to Damay L. Raudabaugh and Carrie E. Raudabaugh. Parcel No: 14-05-0423-059.