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Home My WebLink About99-04436 .Z Q U4 k V J _o. 4 ?0\ i 0 cJ ILU V MV T R P ?O 1 t 1 l' e; MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF EMC Mortgage Corporation COURT OF COMMON PLEAS 222 West Las Colinas Blvd., :CIVIL DIVISION Suite 600 :Cumberland County Irving, TX 75039 Plaintiff V. Clarence Marino Olt Debbie R. Marino : N0 RR2 Box 151 Whiskey Run Road ll I a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) 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 or 800-990-9108 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMUMA A UN ABOGADO I WEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (609) 482-6900 I . 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: Dauphin Deposit Bank and Trust Company Assignments of Record to: EMC Mortgage Corporation Recording Date: 10/15/98 Book: 591 Page: 947 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 MortoaaP. wh;rh 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: RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road MUNICIPALITY/TOWNSHIP/BOROUGH: Township of Upper Mifflin COUNTY: Cumberland DATE EXECUTED: 8/26/94 DATE RECORDED: 9/7/94 BOOK: 1231 PAGE: 1190 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, 5. After demand, the shall be immediately due. 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 7/7/99: Principal of debt due and unpaid $69 462 99 Interest at 8.75% , . from 3/1/99 to 7/7/99 (the per diem interest accruing on this debt is $16 65 and that . sum should be added each day after 7/7/99) 2,147.85 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Suspense Balance (419.00) Escrow Overdraft/(Balance) (The monthly escrow on this account is $113.00 and that sum should be added on the first of each month after 7/7/99) 202.09 Late Charges (monthlyy late charge of $28.40 should be added on the fifteenth of each month after 7/7/99) 113.60 Attorneyys Fees (anticipated and actual to 5% of principal) 3,473.15 TOTAL $75,510.68 7. The attorney's fee set forth above a re 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. Notice of Intention to Foreclose under Act 6 of 1974 of the Commonwealth of Pennsylvania is not required as the original principal amount exceeds the sum of $50,000.00. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has been sent as required on the date appearing on the copy attached hereto as Exhibit "A", and Defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has %ot 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 $75,510.68, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. AIIL? Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL those two certain tract of land situate in the Township of Upper Miff]In, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wits . TRACT No. 1: BEGIIomn at a limestone in the Whiskey Run Road near the old Mennonite Church: thence by lands now or late of Addison Barrack North 38 degrees 30 minutes Fast a distance of 180 feet to a stone; thence still by said lanai now or foarerly of Addison Garrick North 57 degrees West a distance of 99 feet to a atom at o=nsr of Tract No. 2 hereinafter described: thence by said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said whiskey Rtm; Road; thence by said Whiskey Russ Road South 57 degrees Fast a distance of 99 feet to a limestone at the Place of BEGINNING. The above described Tract No. 1 contains 17,820 square feet. TRACK No. 2: BBGIMING at a store in Whiskey Rona: Road at car= of Tract No. 1 above described; thence along said Waisk y Run Road North 59 degrees 15 ----- - minutes West-a distance-of 42.3-perches.to a stone; thence-by, lands now.or-- ----- late of Israel Sollenbergar North 43 degrees 15 minutes East a distance of 180.6 feet to a stone at corner of lands now or late of Addison Barrick; thence by said lands now or late of Addison Baxxick South 59 degrees 15 mirn es East a distance of 41.8 perches to a store at corner of Tract No. 1 hereinabove described; thence by said Tract No. 1 bersinabove des X4W,..,,South_ r 38. degrees 30 Tdnutes West a,distanoe:.of 10.9 perches or 179•.85:feete.:;oege?o=r iu,:ix> a.s3tsasa at •tkfa.PleceiogBECIId'>IIdG r,,, F . Tips:-abwa.described Tract No, 2 contains 2 arres.an4136 pnrei;es,_t are Lase. , The above dessai abed Tra'c"tz fks. 1 and 2 'collecti%6Iy aonia3n a-"font]. of,3.259 .,.asreey:iocts Cr"lmtse'and•have.tharaan erected a'ftattdwe111ag hm;sa=:frmme bar dead 9?+ i ^ .?,. ,;:;,uF!' W3 4 t?? tiers }and whar?;,i{cbsiet-.0. Bo;dez;mA Rdby--4?aoui.dsreb3' even date and about'to be recorded herewith, granted and conveyed unto clarence Marino and Debbie Marino, the mortgagors harem. . ?Oa's1?31 v?ce1196 _ Received Time Jul-14. 3:08PM JUL-21-1999 10:30 l 03110 MORTGAGE CORPORATION AMC REALESTATE J .972 402 7309. P.02i08 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAVx ASSISTANCE ACT OF 1983 PLEASE !READ THIS NOTICE. YOU MAY BE ELIGIBLE F R FINANCIAL ASSISTANCE TOWARD )CouR set OobtendiPA PAYMENTS nol) (Esta information p ede TO: Debbie R MI rino 405 Whiskey Run Rd 17241 "upper Mifflin Twp PA RE: Date October 27, 1997 property Address UpperhMifflin TwpdPA 17241 Loan Number 160191-3 Mort EMC Mortgage Corporation P.O. Box 141358 Irving, TX 75014 i FROM: Marian McGinty You" gage is in serious default because you kkav installments ofdprincipal and interest promptly, jaf period of at least sixty (60) days. The total amok delinquency is $ 2,043.00. That amount is itemize( Mq+pthly Payments Due (08-01-97 to 10-01-97) $ Accured Late Charges: $ r 1$ NSF Fees: Recoverable Corporate Advanec $ Other Fees? (Incl. Interest Arrearage Bal.) I $ s`,ibtotal: EXHIBIT IMA Suspense (unapplied funds) Receiveed Tiime?kJu1,2I_ 10:23AMgunacy: $ failed to pay required for a .t of the below: 2,043.00 .00 .00 .00 .00 (., Y9?.vv .00 2,043.00 JUL-21-1999 10:31 AMC REALESTRTE 00022/pg2 j PA Act 91., Under the Act, you, are entitled to a temporary on your morL'gaye Lei Lhirty (30) days from the 972 402 7309 P.04i08 stay of foreclosure date of this Notice. During that time, you have the right to ar'ange a "face-to-face" meeting with a representative of thi lender, or with a designated consumer counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to it you attend a face-to-Lace meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: YWCA OF CARLISLE 301 G ST. CARLISLE, PA 17013 717-243,-3818 It is only necessary to schedule one face-to-face meeting. You should advise thisjlender immediately of your intentions. If you"_hSva,,tried and are unable to resolve this problem at or, after your face-to=face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you may fill out, sign and'f 16Ja completed Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer counseling agency will assist you in filling out your application. Ybu'must either mail your application to the Pennsylvania Housing Finance,-Agency, or; you must file it at the office of one of the designated consumer credit counseling agencies on the attached The Pennsylvania Housing Finance Agency is located at: 2101-North Front Street, P.O. Box 8029, Harrisburg, I PA 17105. Telephone N'd'.: (717) 780-3800 or 1-800-342-2397 (toiil-free). Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. CO 023 ? I i ae-ioed Time J?u1•21• 10:23AM 9?2 402 ?309 P.03/0e p REAIESTPTE 31LA-72.-1q?q 10.30 s 1-? 3 ZMC Q0024 ?anPage 9 1 licatioa is acrxE} ,u our a agdncy 0 11 Iwl?t ?MCFw^t,' • im ztant that T The Cos a PennsYl aQC . nu xtxeme -rag IE- in aver catl0a• to a time Ias anon lei outhta 8sixgY (60) daY5 that ainst y u it 1''ns hnva , to During nce pgencYa licatson• be Pursued g you w 11 bt, Fina yourroc@edings w3.set f oof ?sodeoision 011 receiVea forecl. et tbeeti a rec?irem?ae Agency directly by off ce au anon as m notified lease Contact 0 I application• ons, P 1. IE You hang 800 43 Vary 6esti-?397. e at Possibl truly Yourst aria McGinty } Default Specialist I I 1 ? ;: ; „zritin5 regd may Corporation ration obtaine I Mortgage any inform our loan; collddtion of ose,. for'. that purr 1 Raceive.d 1lme Jjul.2}, Ip.23AM the used JLL-21-1999 10:31 AMC REALESTATE 972 402 7309 P.05i08 rrJ MORTQAGIE CORPORATION M13ORTANT: NOTICE OF HOMEOWNERS' EMERUEN(:Ir MUR'1'GAUE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE OR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYME S (Esta information puede set obtendia en spanol) TO: Clarence Marino 405 Whiskey Run Rd Newville,PA,;17241 RE: Date October 27, 1997 Property 405 Whisker Run Rd Upper Mifflin Twp PA 17241 Loan No. 160191-3 Mortgagee EMC MORTGAGE CORPORATION P.O. Box 1141358 Irving, T 75014 FROM: Marian MglGinty Your mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required for-,aaperiod of lot least sixty (60) days. The to al amount of the delinquency !is $ 2,043.00. THAT SUM INCLUDES THE FOLLOWING: r ??Y Ttatua'itimonthly payments: from],t0,8.-0.1-97 to, 10-01-97 $ 2,043.00 including all accrued late charges, if any $ .00 Re:coveiable Corporate Advance, if any $ .00 NSF check charges, if any $ 00 Other charges accrued, if any j $ .00 SUB TOTAL $ 2,043.00 LESS: "Suspense (Unapplied Funds) $ .00 TOTAL AMOUNT OF DELINQUENCY $ 2,043.00 Xflur',mprtgage is also in default for the following reason(s): a. " u.nr L= C q1 jJ.e ror rinanciai assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the'"Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Age4cy..,,Blease'read all of this Notice. It cont!aine an HT423' 140=:` 222 West Las Colinas Boulevard, Suite 600, Irving, Tel as 75039 "' `'==• MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014.1358 'rryl„ Rece?ufd Time TUI-21. 10:1M i JUL-21-1999... i0:31 AMC RERLESTRTE - 00022/pg2 PA Act 93, Under the_Act on your mort you are entitled to a temporary s gage'for thirty (30) days from the d Notice. During that time, you have the right to "face-to='f'ace" meeting with a representative of with a designated consumer counseling agency. T that meeting is to attempt to work out a reps. e. otherwise settlp!vn,,r If you attend a face-to-face meeting with this Is a consumer credit counseling agency identified in no further proceeding in mortgage foreclosure may thirty (30) days after the date of that meeting. The name-, address and telephone number of our rep, YWCA OF CARLISLE 301 G STREET CARLISLE, PA 17013 717-243-3818 It is only necessary to schedule one face-to-face should advise this lender immediately of your int If you have tried and are. unable to resolve this i -'aft'er;'You,?;'..'face-to-face meeting, you have the rig; financial assistance from the Homeowners' Emergen Assis?ace Fund. In order to do this, you may fi: and Tile' a completed Homeowners' Emergency Assist; with the.-Pennsylvania Housing Finance Agency. Thf counseling ragencyi will assist you in filling out i You`^,mst'ether mail your application to the Penn Financegertcy, or you must file it at the office li st des3911` e`d consumer credit counseling agencies on The Penns 1 972 402 7309 P.07/08 'of foreclosure of this .. range a s lender, or purpose of plan, or to der, or with this notice, take place for entative is: ing. You oblem at or to apply for • Mortgage out, sign ce Application consumer ur application. ania Housing one of the attached y vania Housing Finance Agency is located lat: 21bi, North 'Front Street, P.O. Box 8029, Harrisburg, PA 17105. TeYephonte No. (717) 780-3800 or 1-800-342-2397 (tell-free). I I Available funds for emergency mortgage assistance are very limited'. They will be disbursed by the Agency under the eligibility criteria established by the Act. C!0.0-23-' anar_c;a'1 :' n t2BceNe,Time J,ul•21. 10 23AM 3UL-211999 10:32 AMC REALESTATE I EMC; Loan' 160191-3 C0624 'Page 3 ... l L.i4 iir;• c; - I You to E" "° a°L• 'rne counseling agen Finance lljlu outhase sipPlication. The Pennsylvania y (60) days to make a decisi receives your application. During that additional foreclosure lproceedings will be pursued against you met the time requirements set forth above. You wil: notified directly by the Agency of its decision on application. i if you ha,ie.any questions, please contact our offic4 pos'sible%'at 1-800-436-7397. 1 'lIU Very' trtilly.' yours. Marian McGinty /w Default Specialist'! I i C. Loar, I i L? NOTICE:`'-EMC Mortgage Corporation is writing regardib colleetion'of your loan; any information obtained may for that'puspose:. •.;ai I LI I r. Received Time JIu1.21. 10:23AM .. ,. 972 402 7309 P.08i08 e help n after it ime no if you have be as soon as g the be used TOTAL P.08 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. A Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES ,.; Z-6 O ? c.; ti SHERIFF'S RETURN - REGULAR CASE NO: 1999-04436 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION VS. MARINO CLARENCE ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MARINO CLARENCE the defendant, at 9:15 HOURS, on the 29th day of July 1999 at RR 2 BOX 151 WHISKEY RUN ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to CLARENCE MARINO a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs er : Docketing 18.00 So answ G Service 8.06 Affidavit .00 Surcharge 8.00 omas Mine, eri 53770"6- RK J. REN 07/29/1999 by / Deputy Ineri-tr Sworn and subscribed to before me this J(? day of 19 A.D. I e i0 r OaZ U fro nom ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04436 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMC MORTGAGE CORPORATION vs. MARINO CLARENCE ET AL KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MARINO DEBBIE R the defendant, at 9:15 HOURS, on the 29th day of July 1999 at 405 WHISKEY RUN ROAD NEWVILLE, PA 17241 CUMBERLAND County, Pennsylvania, by handing to CLARENCE MARINO (HUSBAND) a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 So answerir .00 .00 8.00 om s ine, eri 7r2F-9U-MA/29/. UDREN 071999 by Sworn and subscribed to before me this ,J9 ?' day of 19-2 A.D. cl? ?T--F'ro nonocary ' y - iiepu y eri . MARK J. DDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage 222 West Las Suite 600 Corporation Colinas Blvd., Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) 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'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 7/8/99 to 9/3/99 Late charges per Complaint From 7/15/99 to 9/3/99 Escrow payment per Complaint From 8/1/99 to 9/3/99 $75,510.68 965.70 56.80 226.00 TOTAL $76,759.18 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. nJ.,,UDR:N & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS I DATE : v/ - ?/? J. UDREN & ASSOCIATES Mark J. Udren, Esquire I.D. NO. 04302 N. RINGS HIGHWAY, SUITE 500 Y _HILL, NJ 08034 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) DATED: August 23, 1999 TO: Clarence Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-4436 civil term 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 OP 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 or 800-990-9108 NOTIFICACION_IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, 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 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-4436 civil term DATED: August 23, 1999 TO: Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 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 or 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAI: SERVICIO, VAYA EN PERSONA 0 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 or 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARS J. DDREN & ASSOCIATES BY: Mark J. Ddren, Esquire ATTY I.D. NO. 04302 1040 N. SINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609 -482 -6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Clarence Marino Debbie R- Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 :NO. 99-4436 civil term Defendant(s) TO: CLARENCE MARINO RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. _X_ Judgment by Default Money Judgment - Judgment in Replevin Judgment for Possession Prothonotary - Judgment on Award of Arbitration - Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 609-482-6900 MARK J. DDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. N0. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd Suite 600 Irving, TX 75039 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Clarence Marino Debbie R. Marino NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER --AND.. ASSES SMENT-.-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 Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as. follows: As set forth in Complaint $75,510.68 Interest per Complaint 965.70 From 7/8/99 to 9/3/99 Late charges per Complaint 56.80 From 7/15/99 to 9/3/99 Escrow payment per Complaint 22.6_.00 From 8/1/99 to 9/3/99 TOTAL $76,759.18 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO.' 99-4436 civil term TO: DEBBIE R. MARINO RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241• NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X_ Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 609-482-6900 V MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage 222 West Las Suite 600 Corporation Colinas Blvd., Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANS.WER_AND__ASSESSMENT OE_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'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 7/8/99 to 9/3/99 Late charges per Complaint From 7/15/99 to 9/3/99 Escrow payment per Complaint From 8/1/99 to 9/3/99 $75,510.68 965.70 56.80 226.00 TOTAL $76,759.-18 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. n;:11 =1 ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: PRO PROTHY MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. RINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff v. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 99-4436 civil term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF TEXAS COUNTY OF DALLAS SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment Defendant : Age: Residence: Employment: Clarence Marino Over 18 As captioned above Unknown Debbie R. Marino Over 1S As captioned Unknown Sworn to and subscribed before me this9th day of August 1999 Notary Oublic abov Name : WANDA COLLIER Title: ASSISTANT VICE PRESIDENT Company: ENC MORTGAGE CORPORATION 9m] r ? N ?? - ?. ? ? ?• r L ' •'?_ v. r.. .? :.:) ?? Vi ?? ?? ? `?? Iv- MARK J. UDREN 6 ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Clarence Marino Debbie R. Marino NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: RR2 BOX 151 WHISKEY RUN ROAD a/k/a 405 WHISKEY RUN ROAD NEWVILLE, PA 17241 Amount due $76,759.18 " Interest From September 4, 1999 1,598.40 to Date of Sale December 8,.1999 Per diem @$16.65 (Costs to be added) $ MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ALL those two certain tract u. lurid s-:' =Le is LIb3 :OWI)ShiP 01 U14=- ;4ifflin, County of 0--rberland and State of Pennsylvania, bounded and described as follows, to Wit: TRPCr 610. 1: BEGI`NPC at a limestone in the Whiskey Run Road near the old Mennonite Church; thence by lands now or late of Addison Penick NOrth 38 degrees 30 minutes East a distance, of 180 feet to a stone; thence still by said land now or formerly of Addison Bar-rick North 57 degrees West a distance of 99 feet to a stone at corner of Tract No. 2 hereinafter described; thence yy said Tract No. 2 hereinafter described South 38 degrees 30 minutes West a distance of 180 feet to a stone in said whiskey Run Road; thence by said Whiskey Run F.oad South 57 degrees East a distance of 99 feet to a limestone at the Place of BEGINNItti. The above described Tract No. 1 contains 17;820 square feet. '4RACr NO. 2: BEGINNING at a stone in Whiskey Run Road at corner of Tract NO- f above described; thence along said Whiskey Run Road North 59 degrees 15 minutes West a distance of 42.3 perches to a stone; thence by lands now or late of Israel Sollenberger North 43 degrees 15 minutes East a distance of 180.6 feet to a stone at corner of la;x3s no.+ or late of Addison Da--rick; thence by said lands new or late of Addison Barr.ick South 59 degrees 15 minutes East a distance of 41.8 perches to a stone at corner of Tract No. 1 J,ereinabove described; thence by said Tract No. 1 hereinabove described, South 38 degrees 30 minutes'West a distance of 10.9 perch:a or 179.85 feat, rare or less, to a stone at the ?.Lace of BEGINNING. the above described Tract No. 2 contains 2 acres and 136 Perches, more or Less. the above described Tracts Nos. 1 and 2 collectively contain a total of 3.259 acres, more or less, and have thereon erected a frame dwelling house and frame barn. BEING KNOWN AS RR2 BOX 151 WHISKEY RUN ROAD a/k/a 405 WHISKEY RUN ROAD PROPERTY TAX PARCEL NO. 44-06-0037-003 TITLE TO SAID PREMISES IS VESTED IN CLARENCE MARINO AND DEBBIE R. MARINO, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY BY DEED FROM ROBERT 0. BOUDER AND RUBY J. BOUDER, HUSBAND AND WIFE DATED 8/26/1994 AND RECORDED 9/7/1994 IN DEED BOOK 111 PAGE 567 rr: ,• U \1 11 MARR J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) C E R T I F I C A T 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. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES i Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES .-BY:' Mark J. Udrea, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage 222 West Las Suite 600 Corporation Colinas Blvd., Irving, TX 75039 Plaintiff V. ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE Clarence Marino Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 EMC Mortgage Corporation, 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: RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address CLARENCE MARINO RR2 BOX 151 WHISKEY ROAD a/k/a 405 WHISKEY RUN ROAD, NEWVILLE, PA 17241 DEBBIE R. MARINO RR2 BOX 151 WHISKEY ROAD a/k/a 405 WHISKEY RUN ROAD, NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of rd ord: Name Address Plaintiff herein. See Caption above. PA HOUSING FINANCE AGENCY 2101 N. FRONT ST., HARRISBURG, PA 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 CUMBERLAND CTY TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 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: September 3, 1999 MARK J. UDREN & ASSOCIATES rk J. Udren, ESQ. Attorney for Plaintiff r MARK J. UDREN 8 ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 ; Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO.' 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) NOTICE -OF-SHERIFF'S SALE..OF--REAL--PROPERTY TO: CLARENCE MARINO RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 DEBBIE R. MARINO RR2 BOX 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Your house (real estate) at RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 1999, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA, to enforce the court judgment of $76,759.18, 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-ABLETO-PREVENT . THIS _SHERIFF_'_S_. SALE To prevent this Sheriff's Sale, you must take immediate_ action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (609.)..482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y.OII__MAY- -STILL _BE.ABLE _TO SAVE YOUR PROPERTY AND YOU HAVE _OTHER- RIGHTS EVEN- IF_THE_SHERIFF.IS_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 609-482-6900. 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 609-482-6900. 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. S. 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 wrohg) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,. PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 MARK J. UDREN & ASSOCIATES BY:' Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Debbie R. Marino NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 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: October 27, 1999 LK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 EMC Mortgage Corporation, 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: RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address CLARENCE MARINO RR2 BOX 151 WHISKEY ROAD a/k/a 405 WHISKEY RUN ROAD, NEWVILLE, PA 17241 DEBBIE R. MARINO RR2 BOX 151 WHISKEY ROAD a/k/a 405 WHISKEY RUN ROAD, NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. PA HOUSING FINANCE AGENCY 2101 N. FRONT ST., HARRISBURG, PA 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 CUMBERLAND CTY TAX DEPT. 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 COMMONWEALTH OF PA. BUREAU OF COMPLIANCE, DEPT. 280946, DEPT. OF REVENUE HARRISBURG, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 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: OCTOBER 27, 1999 ARK J. UDREN & ASSOCIATES Mark J. Udren, ESQ. Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a.405 Whiskey Run Road, Newville, PA 17241 Defendant(s) nnmo. October 7, 1999 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-4436 civil term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY, OWNER(S): CLARENCE MARINO & DEBBIt R. MARINO F• PROPERTY: RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road, Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on Dscember_@,_1999, at 10:00 AM, at the COMMISSIONERS HEARING ROOM, 2ND FLOOR COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto with.-.. 10 days the filing of the schedule. EXHIBIT yLL • m N ? •' = CC V OG O 2 m ` d (/ILL x 0 ¢ - o p N N C. E N 0 E O ?+A ?i V,; N ou g o $ o- a° a O N ° ?> C_1 N am m >Q _ O a- 69 mLL o ?s.= am U QLJU S II Na 6?? ° LL " 5 _ ¢ N I ? ? q I y? o a¢9_? I 0 118 0E N ?q Y Q ? F - T N I 8 'o p b a - / HI IT N m ' A N N i maw E,o N i N C) K m t0 i? CO m( O I N ? 0 .6 Na C Z J x O ; 2 F 2 -r a . dr r. ll O ? o 7? 3 T 2 a 91 Yom;-, F p.l? k? n?.S 07 P 86 08 2 ?e8 89 $01.50 s P 90 °RR HAIL I , 7 99 80 4@n?a I 7 d'R ? _ "a .Pa W s R9F Na y 5¢ 0 fig?9? a C FT z O a I E ~ a E I A e m m Z 2 c` N LL m Cpl 0 N a IieW algelunoooy joj od v • L Y' ? f m N N G c_? N ` 000 m Em- ? Et H r " N .:.. c c?1 N m 1 0_ ¢um f a a mA N ?? Y y C E a d E C d_ o m ° .:. ?. a a- n d u a y d 3 _ Cm U ¢?O =Q m m nN? IL 2 ,a ? ?o E d E? m a_ a as O Q -t lcm-? Mae cn' $; 0W L' x o cc -? o LIJ YYO T . I ,y T l ® a' N mda E" vu N m ?„ 2 " J C. vh I/ I _ 9y58 _ 5. W? Q 50 PB 68 8S s OC: pa$rz ? 0 0 03 = a n, HSU 2 ?OOy? O ??Q ??ciE? gel i 1E£ a in 8 x d 3 4 f W a o G N / m k O a I m HI Iq a Hen e!.: ';unoooNf ao j EMC Mortgage Corporation -vs- Clarence Marino and Debbie Marino In the Court of Common Pleas of Cumberland County, Pennsylvania No. 994436 Civil Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on September 28, 1999 at 2:35 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property of Clarence Marino and Debbie Marion located at 405 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, according to law. Dawn L. Kell, Deputy Sheriff, who being duly swom according to law, says on October 7, 1999 at 1:06 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and De-ription in the above entitled action upon one of the withinnamed defendants to wit: Clarence Marino, by making known unto Clarence Marion at 405 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on October 7, 1999 at 1:06 o'clock P.M. EDST, she served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Debbie Marino. by makine known unto Clarence Marino husband at 405 Whiskey Run Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. R. Thomas Kline, Sheriff, who being duly swom according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by first class mail to one of the within named defendants to wit: Clarence Marino to his last known address 405 Whiskey Run Road, Newville, Pennsylvania. This letter was mailed under the date of October 7, 1999 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly swom according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by first class mail to one of the within named defendants to wit: Debbie Marino to her last known address 405 Whiskey Run Road, Newville, Pennsylvania. This letter was mailed under the date of October 7, 1999 and never returned to the Sheriffs Office. So answeers- ?.s R. Tomas Kline, Sheriff By Real Estate Deputy EXHIBIT ?. _ ? ?. m = u? _ F-- U?r? N US: IL _?. (?J nr v? J G_" ` ?:.' . i L. L) ?? _ U1 l.7 EMC Mortgage Corporation -vs- Clarence Marino Debbie R. Marino In the Court of Common Pleas of Cumberland County, Pennsylvania No.99-4436 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 21,25 Posting Bills 30.00 Advertising 30.00 Law Library .50 County 1.00 Mileage 18.60 Certified Mail 3.34 Levy 30.00 Postpone Sale 40.00 Surcharge 32.00 Share of Bills 23.63 Law Journal 357.50 Patriot News 466.13 $ 1,083.95 Pd By Atty 02-28-00 So answers: Sworn and subscribed to before me R. Thomas Kline, Sheriff This /,I w day of Yh 1999, A.D. (ja'f el )7?QEc ?jtiJ/ BY r thonotary Real Estate Deputy uLa?ci4 y.2 e7 )7 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 609-482-6900 EMC Mortgage 222 West Las Suite 600 Corporation Colinas Blvd., Irving, TX 75039 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) NO.' 99-4436 civil term NOTICE -OF -SHERIFF'S SALE -OF -REAL -PROPERTY TO: CLARENCE MARINO RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 DEBBIE R. MARINO RR2 BOX 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA •17241 Your house (real estate) at RR2 Box 151 Whiskey Run Road, a/k/a 405 Whiskey Run Road, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 8, 1999, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA, to enforce the court judgment of $76,759.18, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF-OWNER'S RIGHTS YOU MAY.. BE. ABLE -TO PREVENT THIS -SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate-action:. 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (.609).482-6900.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for goad 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.) C YOU_MAY_STILL__BE_ABLE TO.- SAVE YOUR PROPERTY Alm YOU HAVE -OTHER--RIGHTS EVEN__IF_ THE _SHERIFF !_S. SALE -DOES -TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 609-482-6900. 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 609-482-6900. 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 wrohg) 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. _ , LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle,. PA 17013-3387 717-249-3166 or.800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage Corporation 222 West Las Colinas Blvd., Suite 600 Irving, TX 75039 Plaintiff V. Clarence Marino Debbie R. Marino RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) C E R T I F-I C A T E Mark J. Udren, Esquire, hereby.states that he is the attorney for the Plaintiff in the above-captiondd 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. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES i Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO.' 99-4436 civil term NARK J. UDREN & ASSOCIATES BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. SINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 EMC Mortgage 222 West Las Suite 600 Corporation Colinas Blvd., Irving, TX 75039 Plaintiff V. Clarence Marino ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION : Cumberland County MORTGAGE FORECLOSURE Debbie R. Marino :NO. 99-4436 civil term RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road Newville, PA 17241 Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: __.._A. In Assumpsit (Contract) _..__B. In Trespass (Accident) __X C. In Mortgage Foreclosure D• On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: An individual X. B. Tenants by Entireties _.......C. Joint Tenants with right of survivorship ---.D. A partnership ----.-E. Tenants in Common __.F• A corporation III. The Defendant(s) is (are): _X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: ark J. Udren, ESQUIRE Address & I.D. g as above LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 609. 482. 6900 FAX.- 609. 482. 1199 MARK J. UDRENO STUART WINNEG** GAVE SPIVAK ORLOFF*" •?FFTRD ALSO IN PA AND FL • ADMITIRD ONLY IN PA '•'ADMUTWALSOINPA TINA MARIE RICH OFFICRA INISTRATOR FREDDIE MAC. PENNSYLVANIA DESIGNATED COUNSEL "PLEASE RESPOND TO NEW JERSEY OFFICE" PENNSYLVANIA.OFFICE SANORTH MERIONAVENUE SUITE 240 BRYN MA WR. PA 19010 215-5689500 2IS-5681141 FAX September 3, 1999 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: EMC Mortgage Corporation VS. Clarence Marino and Debbie R. Marino Cumberland County C.C.P. No. 99-4436 civil term Dear Sir: Please serve the defendants Clarence Marino and Debbie R. Marino at RR2 Box 151 Whiskey Run Road a/k/a 405 Whiskey Run Road, Newville, PA 17241. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 99-4436 COUNTY OF CUMBERLAND) CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation from Clarence & Debbie R. Marino, RR2, Box 151, Whiskey Run Rd., a/k a14T05F(S) Whiskey Run Rd., Newville PA 17241. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate located at RR2, Box 151, Whiskey Run Rd., a/k/a 405 Whiskey Runt Rd., Newville PA 17241. (See attached Legal Description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ---- GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare 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; thananam)edg11 arnishee,youarredirectedtonotfyhinVherrthathe/she thasbeen added as garnishee and is to allachment is found in the Possession of anyone other stated. Amount Due $76,759.18 9 a Interest $ 6.65 per diem $1,598.40 Ally's Comm Ally Paid _ Plaintiff Paid Date: $120.06 September 3, 1999 REQUESTING PARTY: Name -Mark J. Udren Esquire L. L. $.50 Due Frothy $1.00 Other Costs CURTIS R. LONG Pr ho otary, Civil Division - - by Deputy Address: 1040 N. Kings Highway Ste. 500 Cherry Hill NJ 08034 Attorney for: Plaintiff Telephone: (609) 482-6900 Supreme Court ID No. -54-3 T RUC- COPY FROM RECORD m 7a^tirx,: v 1v,'e0f, I here unto set rrry hang and the seat of said Court at t 9? ihiti- _day T prothonotary C Q IY' =f S d ? L •Q w G J LL N ?? W c; co ,) x 0. O N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4436 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation PLAINTIFF(S) from Clarence & Debbie R. Marino, RR2, Box 151, Whiskey Run Rd., a/k/a 405 Whiskey Run Rd., Newville PA 17241. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate located at RR2, Box 151, Whiskey Run Rd., a/k/a 405 Whiskey Rurtc Rd., Newville PA 1724.1. (See attached Legal Description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of - ----- GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinthepossession ofanyoneother than a named garnishee, you are directed to notify hirn/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $76,759.18 9 - a Interest $ US per diem $1,598.40 Atty's Comm % Ally Paid $120.06 Plaintiff Date: September 3, 1999 REQUESTING PARTY: Name Mark J. Udren, Esquire CURTIS R. LONG Pr ho otary, Civil Division by: /J Address: 1040 N. Kings Highway Ste. 500 Cherry Hill NJ 08034 Attorney for: Plaintiff Telephone: (609) 482-6900 Supreme Court ID No. -54-3 L.L. $.50 Due Prothy Other Costs /) Deputy TRUE- COPY FROM RECORD In Taut rs and the efnr t'I"a 30, 1 Imm unto set my Nana This.... seal o said Court Carlisle, ihi&_day 9 P. Prothonota' ry v $1.00 cr) cr) C( w? r` .V= x: d Q ? w. O N .ter T J2 1 W v °v3 G. O N WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4436 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION . LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC Mortgage Corporation Clarence & Debbie R. Marino, RR2, Box 151, Whiskey Run Rd., a/k/a 405 Whiskey Run Rd., Newville PA 17241. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate located at RR2, Box 151, Whiskey Run Rd., a/k/a 405 Whiskey Rurk Rd., Newv7ille PA 17241. (See attached Legal Description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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) 11properlyof thedefendant(s) not levied upon an subject to attachment isfound in the possession of anyone other than a named garnishee, you are directed to notify hinVher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $76,759.18 9 4/99 - a Interest $0.65 per then $1,598.40 Ally's Comm Atly Paid $120.06 Plaintiff Paid Date: September 3, 1999 REQUESTING PARTY: Name Mark J. Udren, Esquire L.L. Due Prothy. Other Costs $1.00 $.50 CURTIS R. LONG Pr ho otary, Civil Divisbn by: Deputy Address: 1040 N. Kings Highway, Ste. 500 Cherry Hill NJ 08034 Attorney for: Plaintiff Telephone: (609) 482-6900 Supreme Court ID No. -54-3 7 PUP: r"Y FROM RECORD In Te"Nrto" 061e0f, I We unto set my han0 and the seal of said Court at Canis 9 Pad This. 3 day 11 9 T prothonotary to Rf1.? OD w>- C Q CL m. - .1? w In C ? s J W - 0 r lT z ? v H d O