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HomeMy WebLinkAbout99-06487 f' a say t• J . ? Y t 0.0. l x? k ?l ? M ? Q ' tTy f t t.:f;a5 ?,. - 1i MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Ddren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services COURT OF COMMON PLEAS 601 5th Avenue ;CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff V. Russell E. Burnhisel qq - G4P7 _??c rX Kristine m. eurnnisei 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 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 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands. y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones•a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con today las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN A800ADO IMMEDIATAMEN H, SI NO TIENE ABOOADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAOAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR 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 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt to 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 liabilityogyour 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 11111, NJ 08034 (609)482.6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Sovereign Bank, d/b/a Mainline Financial Assignee: Norwest Mortgage, Inc. Recording Date: 3/5/98 Book: 570 Page: 525 Assignor: Norwest Mortgage, Inc. Assignee: Aurcra Loan Sevices Recording Date: Lodged for recording ---.2.--- --Defendant (s)----is--the---individual - designated-- as-- such - on-the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 25 N. Sporting Hill Road MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden COUNTY: Cumberland DATE EXECUTED: 3/4/98 DATE RECORDED: 3/5/98 BOOK: 1436 PAGE: 24 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 10/19/99: _-Principal of debt due and unpaid - --- Interest at 6.754 from 3/1/99 to 10/19/99 (the per diem interest accruing on this debt is $17.07 and that sum should be added each day after 10/19/99) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $126.30 and that sum should be added on the first of each month after 10/19/99) Late Charges (monthly late charge of $28.91 should be added on the fifteenth of each month after 10/19/99) Attorneys Fees (anticipated and actual to 54 of principal) TOTAL 3,977.31 250.00 280.00 987.47 213.29 4.553..08 $101,322.72 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the X event of a third party purchaser at Sheriff's Sale. If the mortgage is. reinotated 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 ,Frj ?X 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 not been sent because the mortgage is insured by the Federal Housing Administration ("FHA") and the notice is therefore not required. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $101,322.72, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for remises.------------------------- foreclosure-and-sale of-the Mortgaged Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 i t ALL CMAi6 TRACE or parcel of land sltupC0 1n the Township nt It (n .21 '111 oalpdAll Caney at Mberland and seaeA e? Vnnnaylva0io, knonl all Let 'hicjl I 0181 1 No,7 of Eunpalow SlCes AN laid out by Charles Ebarly, meh n :f Lots is recorded in the office for the ltecordi,g of Deeds, sG:, In and for the County of Cumberland aforesaid, lit Plan ollows to L. t?a9a 11, and anro parrleularly bounded and Qaearluae na DROU41xNC ae A pin on the 8140 of the sporting N111 Road and at cntner of a fifty 1•eet Wide public atrnatr thence along paid sportill!1 h'-11 road South elghee an "al 4*9"04 thirty (19) minutes were mlr.luutarad (100) fast ea a pin at corns of Lot 110. 17 on the Plan horarnbafors mentiancdl thence along said Lot No. 12 North savantY}'-one 171) """0" thin I:V (70) wAnuC09 rest one hundred sixty-five (165) feet to n. pin at aernec of Lot No. 10 on Said Planr chance along thr sold Lot Nn.1o north Thirty-elghe ()) dogreee thirty (lo) Minutes east ono hundred IorC.-seven and nin4-tentho (1{0,01 fast Ca A pin on the elda of Asia f1:C• legit wide public street, thanem Along tlw line 3f said 5Creet 7outh ratty-one (51) degrsen thirty ;lol minutes eaac Ina unldredN twnn •y-two ono four-renthe (177,8) rest to a pin All. r..e plnret h of rc4r HAVING thovev, erecte4 n one and mw•11 la2f nl;ory framA duel lIn•( huUnu• nVo??S???i•1. !• is ' r.. •,r•ry,.,gl.. .1rr rG',ph • ( Y•. ;. ? u1J' of nnxd:. Ir,. ?O . n VI 1 0 Y, • 1., ,,,,?.ql?I ?S 1. Vol _?jQruo ot? ?( l? t,?l,'•. '?•Y?••'11? ?•L.:.r•, ?r; days 1: _ • ??' •;rl ''t:' .nr- ?r GAF L Al'1t • Door, 570 r:,i: I.J% ?F'2Fx ? A9 ? ?n r r , ? V_E._R. I_F_I_.C A_.T_I_O_N 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 beat 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. M ,Ark J. Udren, ESQUIRE K J. UDREN & ASSOCIATES U G 1 y N ?y IA:.? 111 V L it??U a ? cri T r4 j ? al C? o(? t-D f IeF ? ryY lit" IAN MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04301 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil 5 O._R.D-E.R AND NOW, this It) Day of sc ? , -x , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristine M. Russell shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristina M. Russell at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgag pr miles at 25 N. Sporting Hill Road, Mechanicsburg, 5 BY /-/()-00 R>`.C ?(a f J. " xt ti ;?x. `"? `17fAY - ' t J Ail 10: ? p 1 Y•' MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 609-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Hqnorable Court for an order directing service of the complaint in Mortgage Foreclosure upon Defendant(s), Kristina M. Russell by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) at 25 N. Sporting Hill Road Mechanicsburg, Pa 17055, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. `R 3 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Pursuant to information gained by the Good Faith Investigation, Service was attempted upon the said Defendant(s) as follows: 116 Ridge Hill Road, Mechanicsburg, Pa 17055 310 Bridge Street, New Cumberland, Pa 17070 4. The Returns of Service indicating that service was unsuccessful at the above addresses is attached hereto and marked Exhibit C. 5. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEREFORE, Plaintiff respectfully requests this Honorable court enter an order pursuant to Pa.R.C.P. 430 directing service of the Complaint in Mortgage Foreclosure by regular mail and certified mail upon said Defendant(s), Kristina M. Russell. MARK J. UDREN & ASSOCIATES AA/ Mark J Udren, Esquire Attorney for Plaintiff Y? 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 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ,Cumberland County INO. 99-6487 civil MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. NOTE: A Sheriff's Return of "Not Found" or the fact that a t. Defendant has moved without leaving a new forwarding address VZN YN is insufficient evidence of concealment. Gonzales vs._Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended s ; adoption mailed to last known address requires a "good faith tv effort" to discover the correct address. Adoption of.Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Returns of service marked Exhibit A and C the Sheriff has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. , Plaintiff respectfully request service of the Complaint in Mortgage Foreclosure upon Defendant(s) by regular mail and certified mail. MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff roe. r . LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH RINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 609. 481. 6900 FAX.' 609. 482. 1199 rw W UAREJ, VDREN• STUART 07NNEG•• pENdSYLYANIA OFFICE 74 NORTH HERIONAVENUE GAYL SPlVAX ORLOFF••• 'PLEASE RESPOND TO NEW JERSEY OFFICE' SUITE J40 »1 °4uv m° a sw?: ?: wo rf 1 4 WR. PA 19010 October 20, 1999 Sheriff of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlislie, Pa 17013-3387 Re: Aurora Loan Services vs. Russell E. Burnhisel Kristina M. Burnhisel Complaint in Mortgage Foreclosure Gentlemen: In connection with the above captioned matter, enclosed please find the following: 1. Two copies of the Complaint in Mortgage Foreclosure to be served on the defendant(s). Please serve Defendant North Russell E. Burnhisel and Rristina X. Burnhisel Sporting Hill Road, Mechanicsburg, Pa 17055. 2. Our check payable to the Sheriff of Cumberland county in the amount of $100.00 in payment of your charges in this regard. If upon investigation by your Deputy, he/she determines that evening or Saturday service will be more effective, this letter authorizes you to effect such service, and we will pay any additional charges resulting therefrom. assistance in this matter is greatly appreciated. Y yours, J. Udren J UDREN & ASSOCIATES ?'XN?Nr7•!. MJU/jmb Enclosures SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURNHISEL KRISTINA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant BURNHISEL KRISTINA M DEFT. NO LONGER LIVING AT ADDRESS STATED PHYSICAL ADDRESS UNKNOWN, RETURN NOT FOUND AS PER ATTY. Sheriff's Costs: So answ Docketing 6.00 Not Found 5.00 Affidavit .00 Surcharge 8.00 AA $IT9-.= 11/OSJ. UDDREN Sworn and subscribed to before me this day of 19 A.D. YHIn11-ti Doc-211-90 03.31ps From-PLAYERS ASSOCIATION +3142300556 T-621 P.02/09 F-440 pLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number 9917411 Anomey Firm' MARK J UDREN & ASSOCIATES Case Number' Subject: KRISTINA M BURNHISEL A.K.A.: KRISTINA M SHATZER New Address: 116 RIDGE HILL ROAD MECHANICSBURG, PA 17065 Property Address. 26 N. SPORTING HILL ROAD M6CHANICS13URG. PA 17056 Last Known Address: 14 PO BOX NEWPORT, PA 17074 Last Known Number. (717) 786.1141 Micnael K Gross, being duly swom according to law, deposes and says. 1 I am employed in the capacity of President for Players National Locator. 2 On 12/28/1989, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows' CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER: 178.66-0711 B EMPLOYMENT SEARCH: Unable to locate a goad employer for Krishna. 0 C INQUIRY OF CREDITORS: The creditors Indicated that Kristine is living at 116 Ridge Hill Road, Mechanicsburg, 11055 with a home phone number of 717.796-1141. Kristine and Russell Bumhlsel filed chapter 7 bankruptcy Gregory in June 1996 with attorney gv Ocreditor stated Kdstina is using 31 BScott Hazi. Case $01652 with no release date ridge Street, Now Cumberland, Pa. 17070. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH' t 116 The home P urnePa.1 riber 7055.oCai led the home number nd spoke w h Russell Bumhllsil's brother, Mec, who stated Kristina and Russell Bumhlsel are living at this address with his mother. INQUIRY OF NEIGHBORS NIA INQUIRY OF POST OFFICE - A NATIONAL ADDRESS UPDATE: urg, Pa. 17065 Address (NCOA) has no change for Kristine from of Novem 5, 1999 the Nat 116 Ridge Hib Road, Mechanicsbional Change of MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE' The Pennsylvania Department of Drivers Licensing has Kristina listed at 116 Ridge Hill Road, Y?-+IP I*' r. M Doc-21-69 03,31vs Fr=-PLAYERS ASSOCIATION +3142300556 T-601 P 03/00 F-446 Mechanicsburg, Pa. 17066• OTHER INQUIRIES A. DEATH RECORDS number. As of Noe and or 929 the Sunder ocial her soda, I e mini y ti on has no death record on file for Kristine M 8. PUBLIC LICENSES (PILOT, REAL ESTATE. ETC. ) None Found C. COUNTY vOTER REGISTRATION: istratlon office has Kristine listed at 11e Ridge Hill Road, Voters Reg Mechan Cumberland Pa. 17055. DATE INFORMATION BON SUBJECT - ADDITIONAL 07174 AFFIANT Michael K Gross " NOTAAYY SEty N M. S ale of M SSO n ins County. ommrss,on ExFiies 91212002 tY PUBLIC 141? 314230 9922 Business Fax• (314) 23 -0558 2 Louis, MO 63021 Players National Locator 16201 phone' q!I oY I . ?ry I-- _-..,,..m,e me on 12/2811999 Y, .'. Y'1 GAYLSPIVAX LAND AND • PBNNSYLVANGLOFT1CE •. 14SPIus IN PA •?OV?nzO avtrtvrA 24 NORT • uwmr0uso,w aA - .... PLEASE RESPOND TO NSW JERSEY OFFICE" SUITE 7I0 6IERIONAVENUE TINA MARIE RICH BRYNMAWR, PA 19010 Ormsu:wtvur MS 215-5669300 215-568•1141 FAX November 12, 1999 Sheriff of Cumberland County 1 Courthouse Square Carlislie, Pa 17013-3387 Re: Aurora Loan Services VS. Russell E. Burnhisel Kristina M. Burnhisel Gentlemen: In connection with the above captioned matter, enclosed please find the following: 1. Five copy(ies) of the Complaint in Mortgage Foreclosure to be served'on the defendant(s) Russell B. and Kristine M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, PA 17055 and 310 Bridgge Street, New Cumberland, PA 170701 as well as Russell E. Burnhisel, ONLY, at Wal-Mart, 6520 Carlisle Pike, Mechanicsburg, PA 17055. 2. Our check payable to the Sheriff of Cumberland County in the amount of $100.00 in payment of your charges in this regard. If upon investigation by your Deputy, he/she determines that evening or Saturday service will be more effective, this letter authorizes you to effect such service, and we will pay any additional charges resulting therefrom. MARXJ. UOREN• DESIGIVATE&COMSEL STUART H7NNEG•• LAW OFFICES MARK J. UDREN & ASSOCIATES 1040 NORTH RINGS HIGHWAY SUITE 500 CHERRY HILL, NEW JERSEY 08034 609. 482. 6900 -' ,- `- FAX: 609. 482.71199 EREDDIE. MAC P ENNCY .VAN A MARK J UDREN & ASSOCIATES /as 10 IT t; Enclosures Your assistance in this matter is greatly appreciated. S erely yours, 1 M rk J. Udren, Esquire SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURNHISEL KRISTINA M but was unable to locate Her in his bailiwick. He therefore returns the REINSTATED COMP MORT-FORE NOTICE NOT FOUND as to the within named defendant BURNHISEL KRISTINA M DEFT. NO LONGER LIVES AT ADDRESS STATED RETURN NOT FOUND AS PER ATTY 12/6/99. Sheriff's Costs: So answers: Docketing 18.00 Service 4.96 NOT FOUND RETURN 5.00 Surcharge 8.00 K. Inomas , Sneriff $35.96 A J.9UDREN Sworn and subscribed to before me this day of 19 A.D. S=k!+R3+T u VERIFICATION Mark J. Udren, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Date: December a q , 1999 MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Enquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil CERTIFICATE.OF_SERVICE I, Mark J. Udren, ESQUIRE, hereby certify that I have served true and correct copies of the attached papers upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date of Service: ate' 010 1 TO: Kristina M. Burnhisel 25 N. Sporting Hill Road, Mechanicsburg, Pa 17055 116 Ridge Hill Road, Mechanicsburg, Pa 17055 310 Bridge Street, New Cumberland, Pa 17070 Russell E. Burnhisel 116 Ridge Hill Road, Mechanicsburg, Pa 17055 K UDREN & ASSOCIATES Mark J. Udren, ESQUIRE Attorney for Plaintiff ? V7 . U; r+ 1. 'N 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 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil PRAECIPE._TO_REINSTATE._COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: November 12, 1999 MARK J. UDREN & ASSOCIATES Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF X ti r, t 4 Ql 5- •? ?? o, Cl) ;x- „w s? ,a >? 1 1' .T SHERIFF'S RETURN - NOT FOUND CASE.NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURNHISEL RUSELL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND , as to the within named defendant BURNHISEL RUSELL E DEFT.'S MOVED OUT OF COUNTY PHYSICAL ADDRESS UNKNOWN RETURN NOT FOUND AS PER ATTY. Sheriff's Costs: So answe Dockgting 18.00 Service 7.44 ys. Not Found .00 , Surcharge 8.00 R-trinoinds M05/1999 $?7 K J. UREN Sworn and subscribed to before me this 13 r- day of 19. L79 A.D. SHERIFF'S RETURN - NOT FOUND CASE.NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURNHISEL KRISTINA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND , as to the within named defendant BURNHISEL KRISTINA M DEFT. NO LONGER LIVING AT ADDRESS STATED, PHYSICAL ADDRESS UNKNOWN RETURN NOT FOUND AS PER ATTY. Sheriff's Costs: So answ Docketing 6.00/? Not Found 5.00 Affidavit .00 Surcharge 8.00 K.1 illuludu , $17-97-n MA1NK5J. UDREN 11999 Sworn and subscribed to before me this 13- day of 4&t x,&_` 19? A.D. ! CLIU? C. 9 1 CLUL C1Ly- S3 S ? 5 L 1 v t a ``fir SHERIFF'S RETURN - REGULAR ? t CASE NO: 1999-06987 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP/MORTGAGE_FORE was served upon BURNHISEL RUSSELL E the defendant, at 13:35 HOURS, on the 1st day of December 1999 at 116 RIDGE HILL ROAD , MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ERIC BAKER (BROTHER OF RUSSELL) a true and attested copy of the REINSTATED COMP/MORTGAGE FORE together with NOTICE , and at the same time directing His attention to the contents thereof. Sheriff's Costa: So answers: Docketing 6.00 ? Affidavit .00 Surcharge 8.00 RJ nomas Kline, s $iq.uu '12/07/1999REN by Sworn and subscribed to before me this day of t.1< a.. I* 17-01rU A.D. D. --'?Y C 7" SHERIFF'S RETUR14 - NOT FOUND • CAGE NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS. BURNHISEL RUSSELL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BURNHISEL KRISTINA M but was unable to locate Her in his bailiwick. He therefore returns the REINSTATED COMP MORT-FORE NOTICE NOT FOUND , as to the within named defendant BURNHISEL KRISTINA M DEFT NO LONGER LIVES AT ADDRESS STATED, RETURN NOT FOUND AS PER ATTY 12/6/99. Sheriff's Costs: So answers: Docketing 18.00 Service 4.96 NOT FOUND RETURN 5.00 Sneriff Surcharge 8.00 ftft K, IRomas , $757. n MA K J.9gDDREN Sworn and subscribed to before me this ? day of ar A. D. MARK J. DUREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark-J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 .549=482-6900 Aurora Loan Services COURT OF COMMON PLEAS 601 5th Avenue ;CIVIL DIVISION Scottsbluff, NE 69361 ;Cumberland County Plaintiff V. Russell E. Burnhisel ` `. 9q - 4 11P'7 (7-t-vtQJ 125 N. Sporting Hill Road LID Mechanicsburg, Pa 17055 Defendant (s) -0 ;n r N COMPLAINT IN MORTGAGE FORECLOSURE i ut r! YOU HAVE BEEN SUED IN COURT. tf you wish to defend againstj4rtfie t;aimg set forth in the following pages, you must take action within a ent)72 (2 days after this Complaint and Notice are served, by entering-+! wniutt 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 TRUE GAPY FROM MOM t? T?elMnoty whotd. I mm who >fet my h" and of 1COM L THIN HEREBY CER U T7 aE CORRECT Copy dF'D J THEORIGINAL MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark-J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora_Loan__Sezvices.,____^_? COURT OF_COMMON-PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 ;Cumberland County Plaintiff v. Russell E. Burnhisel Kristine u se NO. 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 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 land 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. M LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 . AM-0 Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dins de plazo al partir de la fecha de la demands y la notificacion. Hace falta ascentar =a comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones•a las demandas en contra de su persona. Sea avisado que si usted no se dafiende;-la cdite-tomara-medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUPICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OPICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVBRIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 kiberty Avenue Carlisle, Pa 17013-3387 717-249-3166 V 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 thl Notice and the attached document [hnt the'valldlt of the stated debt; or say 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 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 au$ this Notice and the attached document Is an attempt to collect a debt, and anyigformation obtained will be used for that purpose. LAW OFFICES OF DLILRK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (609) 482-6900 1. Plaintiff is the Corporation designated as such in the caption.on'a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Sovereign Bank, d/b/a Mainline Financial --Assignee:, Norwest Mortgage,_ Inq.__.__..____. Recording Date: 3/5/98 Book: 570 Page: 525 Assignor: Norwest Mortgage, Inc. Assignee: Aurora Loan Sevices Recording Date: Lodged for recording 2.-Defendant4s)-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 (a), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, ; which mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g) . ' a, The information Yegarding the mortgage being foreclosed is as follows: MORTGAGED PREMISS: 25 N. Sporting Hill Road MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden COUNTY: Cumberland DATE EXECUTED: 3/4/98 DATE RECORDED: 3/5/98 BOOK: 1436 PAGE: 24 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the 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 cha-rges- if-ariy,- liidicaEed -J` below. 6. The following amounts are due on the said Mortgage as of 10/19/99: -.- Principal-oE-debt-due-and-unpaid $91x061 57 Interest at 6.75V from 3/1/99 to 10/19/99 (the per diem interest accruing on this debt is $17.07 and that sum should be added each day after 10/19/99) 3,977.31 Title Report t Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $126.30 and that slim should be added on the first.of each month after 10/19/99) .' Late Charges (monthly late.oharge of $28.91 should be added on the fifteenth of each month after 10/19/99) Attorneys Fees (anticipated and actual to 5% of principal) TOTAL Y 250.00 280.00 987.47 213.29 &- S5 3.OR $101,322.72 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. 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 Homeowners Emergency Mortgage Assistance Program, Act 91 of 1983, has not been sent because the Mortgage is insured by the Federal Housing Administration ("FHA") and the notice is therefore not required: WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $101,322.72, plus interest, costs and attorneys fees as more fully set forth in the Complaint,' and for Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 M ALL CARTUK TRACE or parcel of Land 9itupru in the Township nt Hampden, ca nty of Cumb l . er and and seaca ar yonntylvadia, knodn a. Lcc N n,111 in Clan No.1 0! Duslgalow /Le as a laid out by Charles Eberly, whiell C1etI :r L9ta is racordaQ in ehe 0tfita for the Jtacordl, Oo d f * g o e a, at, . in and for the County of Cumberland aforesaid, in Plan meet, Ne.1 I,t Peg,. 31 and , , ooro parclculasly bounded and des-lrlbad As follows to ld.tl . 09GD4iENG at, a pin on the aide of cite sporting will Road and at rnrner of a gift y :'tat wid e public etraect thane.. along raid sporting Hill road aeuti, slgheeen t3.81 degrees tn. jity (19) minutes vest coin hundred (300) eeat r., a pin at: cornrr cc L l ot o. 11 on the Plan horaiabafora mentloncdl thence along said Lot No. 17 North sav anty-one(71) degrsas that::y (10) ednucae west one hundred dut fi y- ve, (1651 faac cc n pin at earner of tot No. IQ an said Plant thence along r.hw said Lao No 10 no:tn shirty-eight (311 de reae thi g rty (10) minutes cast one huadtad fgre.-advert and dine-tentho (147 91 fast t , o a pin on the ¦idu of said Ufa. last wide public strearl tban* slang the li st f ne a said reet south riety- one (51) dagreea clurcy 301 ml.nuces cast 3ne hundred tuna:y-two and four•r the e 11 C . n ,3) (1 eet to a pin An PAS plans of 11WINNrP10 IL1viNG lhare,•, erected n one nod rarw•helf atocy frame dwal lLl.( huuna. .,, u4,f(...... ' Q • r rCy a ,r, r I,,r • 'I - lij i ? ' , n, f (. ? . ,lea, 1;;., 4r n 'ol pnmis q P,? g :1 ' ' , . '.,,' 1 , .D X11;: •1l0•al M 4\?ll 1 . 1, 7r? ' 1/ '1 V. SL -o?Uoal 7 111 al1d L s ' ? ? ??1 ,'r Y .r11w j ? - r? 7_•' , ,?'r dayd i.., (. r rs s , lr.Ihle f.?q,l - Hr Door. 70 jI; i r • J T • i]T 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. ti M rk J. Udren, ESQUIRE K J. UDREN & ASSOCIATES f QFFICE nF T11C ;NE iu Nor 42 4 04 Pf1 '99 L` ? PCtltl?Yi.`lAtIIA c ?u hip„ ?3 V ,q3t M1 le Y?1j \ v Ya lY F > 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 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) PRAECIPE TO TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil -COMPLAINT , Kindly reinstate the Complaint on the above-captioned matter. DATE: January 12, 2000 MARK UDREN & ASSOCIATES (01 Mark Udren, ESQUIRE ATTO EY FOR PLAINTIFF ?, ?'`P `P. .' ? .. Y,,. ?',' 'Jy ' Ld?.? :._, .; I ?t_v' **' 3 '? . .I ?Ae ? ?. ?,'. ;. eva? { ?'. ;_ X: ' ? ` ? _? ?? ? Q _ SS L? f (JFi; ?C.: ? "+ n 4an ? t1 1 - - - ;?,x •.; ? _ tr ? t???? E }3 t> 4 ? ' t' ? F « "? ??? Y ?? e??5,: ? ?_ •yt?. i?? ?i qS'?!. a??.. i? 1i 5 ?;ti R,4 431pA: i~`'Y 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 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil VERIFICATION OF SERVICE BY-CERTIFIED-MAIL AND_ REGULAR MAIL-PURSUANT TO.COURT.-ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint in Mortgage Foreclsoure to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED : 117- ) I JO Kristina M. Rusell 116 Ridge Hill Road Mechanicsburg, Pa 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: MARK UEN ASSOCIATES Mark J. Udren, Esquire i i i ? !s ra w? r. r, E' r f. ,rCt . i' (U i !yy 4 1. ? ?4 14 H? ! lr?, co ?,J yet i C):y cry uwz owz AM r •cniAlaS ldlo*ay Ir1.:;` ;l Gulcn 1o) nolt 4uo41 7 189 482 266 ". FIJ :f L y 1 t1 C ,.Stl .,_:. .._.. h.l rr21»r+ N + Ir r 1 4. -;I ? r .real c INA J1131 } it ? ?•???? . _S_ , ?UJt:??9 , ,2 ' '--_ ^ H71Ur.W ULAKry•i+a I t ' A1v71fJUCr L,Sfngr.?? _i it.rm na ptc-?)o Tt?? ' _w 2- f Y ` 1 E T 1 ¢ ?o O0 ? n d ! fi CI N N- 7 51 S tt 12 $ ? n r ?G $b q u 1 :. !q m a a a -In¢u1fJ? ? ? ?? -? 12111 a ? B r• g ? gg z 1 J 4y P y u KKK w € " CO n & V3 ,y) n a a , a 4 r1 I'fl ID d 5?01'J 4.JCM171 °I,1 Un (1$!9idW07 1TJ, I .,1 JnOR cl ', 9 _1 L ; 1 r• y ' SHERIFF'S RETURN - REGULAR CASE NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS BURNHISEL RUSSELL E ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE (RE was served upon BURNHISEL KRISTINA M the DEFENDANT at 0015:24 HOURS, on the 21st day of January , 2000 at 125 N. SPORTING HILL ROAD MECHANICSBURG PA 17055 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE (RE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Posting 6.00 Surcharge 10.00 .00 40.82 Sworn and subscribed to before me this ? day of iw-O A.D. r thonotary f`S So Answers: R. Thomas Kline 01/24/2000 MARK J. UDREN Deputy Sheriff AURORA LOAN SERVICES, Plaintiff V. RUSSELL E. BURNHISEL KRISTINA M. BURNHISEL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6487 CIVIL TERM ORDER OF COURT AND NOW, this t q?ay of April, 2000, upon consideration of Plaintiff's Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. BY THE COURT, Mark J. Udren, Esq. 1040 N. Kings Highway Suite 500 Cherry Hill, NJ 08034 Attorney for Plaintiff Russell E. Burnhisel Kristina M. Bumhisel 116 Ridge Hill Road Mechanicsburg, PA 17055 Defendants Pro Se :rc 0O AA A, 77 y ti Y?. APR13l" MARK J. UDREN 4 ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil ORDER AND NOW, to wit, this day of , 2000, upon consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the above captioned Complaint be amended by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. BY THE COURT: J. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil MOTION..FOR_.LEAVE_TO.AMEND_CIVIL.ACTION.COMPLAINT_IN MORTGAGE FORECLOSURE Plaintiff, Aurora Loan Services, by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court enter an order granting Plaintiff leave to amend its Complaint in the above captioned matter for the following reasons: 1. The Complaint in Mortgage Foreclosure herein was filed on October 25, 1999. 2. Subsequent to the filing of the Complaint, Plaintiff determined that the address of the mortgaged property set forth in the Complaint was incorrect. 3. Plaintiff seeks leave to amend its Complaint by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055, and furthermore, to not expand the Answer and/or otherwise plead time period as to all the Defendants. 4. Defendant Russell F. Burnhisel was personally served the Complaint on December 1, 1999, and, Defendant Kristine M. Burnhisel, by Order of court granting special service, was served the Complaint on January 21, 2000. NHSRSFo&E, Plaintiff respectfully prays and requests that the Honorable Court grant the Plaintiff leave to amend its Complaint as averred in paragraph 3 hereinabove. Respectfully submitted, MARK J. UDREN & ASSOC S BY: Ma en, Esquire Attorael? for Plaintiff i r VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion For Leave To Amend Complaint and Brief in Support are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES By: Plaintiff 7toi`?f , Esquire Dated:__ _ ? d'? A . MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russel E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County 4NO. 99-6487 civil CERTIFICATE-OF-SERVICE I, MArk J. Udren, Esquire, hereby certify that I have served true -and correct copies of the Plaintiff's Motion For Leave To Amend Complaint and Brief in Support upon the following person(s) named herein at their last known address or their attorney of record. XXXXXX Regular First Class Mail Certified Mail other (certificate of mailing) Date served: 1116100 TO: Russel E. Burnhisel 116 Ridge Hill Road Mechanicsburg, PA 17055 Kristina M. Burnhisel 125 N. Sporting Hill Road Mechanicsburg, PA 17055 and 116 Ridge Hill Road Mechanicsburg, PA 17055/ MARK J. UDREN & By ar J. ren, Esquire Attorney for Plaintiff ?? Ny J ` APR 11 20000 MARK J. UDREN 6 ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITS 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO_AMEND.COMPLAINT Plaintiff seeks leave of Court to amend its Complaint as averred in paragraph 3 of the within Motion. The Pennsylvania Rules Of Civil Procedure allow for such amendment. The facts as set forth in the within Motion are incorporated herein by reference as though fully set forth at length. Pa.R.C.P. 1033, AMENDMENT: A party, ... by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. Therefore, pursuant to Pa.R.C.P. 1033, Plaintiff seeks to amend its Complaint as hereinabove stated. Furthermore, Plaintiff i also requests that an Amended Complaint not expand the Answer and/or otherwise plead period as initially established in the original Complaint. Respectfully submitted, MARK J. UDREN & ASSOCI; By: / c J ran, Esquire Att ev for Plaintiff _, ii MARK J. UDREN i ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff BY THE COURT- v. Russell E. Burnhisel Kristina M. Burnhisel Defendant(s) MAY 2 2 2000 a ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil ORDER AND NOW, to wit, this ?W- day of Vn 7 1 , 2000, upon consideration of Plaintiff's Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on April 14, 2000, Returnable within fifteen days of service, is hereby made Absolute. It is further ORDERED that: The above captioned Complaint be amended by correcting the address of the Mortgaged property to 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original complaint. V% ,j it I U ! J. r MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil MOTION__TO_MAKE.RULE.AB80LUTE Plaintiff, Aurora Loan Services, by its Attorney, Mark J. Udren, Esquire, moves for a Rule Absolute, thereby granting Plaintiff the relief prayed for in its Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure and in support thereof, avers as follows: 1. A Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure was filed by counsel for Plaintiff on April 10, 2000. 2. The Rule was entered on April 14, 2000 with a Rule Returnable date within fifteen days of service. A true and correct copy of the Order of Court is attached hereto as Exhibit "A". 3. To the best of Plaintiff's knowledge, information and belief, no response was filed or any objections interposed by any of the served parties, attorneys , and/or interested persons. Therefore, no cause has been shown as to why the relief prayed for in said Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure should not be granted. 4. The Rule should be made Absolute and the relief prayed for in the Plaintiff's Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure should be granted. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order making the Rule Absolute and therefore grant the relief prayed for in its Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure. Respectfully submitted, MARK J. UDRwOCIATES Mark J. Udren, Esquire Attorney for Plaintiff AURORA LOAN SERVICES, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW RUSSELL E. BURNHISEL KRISTINA M. BURNHISEL Defendants NO. 99-6487 CIVIL TERM ORDER OF COURT AND NOW, this t q' day of April, 2000; upon consideration of Plaintiff's Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. Mark J. Udren, Esq. 1040 N. Kings Highway uite 500 Chevy Hill, NJ 08034 Attorney for Plaintiff Russell E. Bumhisel Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, PA 17055 Defendants Pro Se :rc EXHIBIT I'3OM P.cCORD In ;,s1 :::a• c.a;ra?f, I hcra unto set my hand and t sea'lpqf said Court at Carlisl P. Th .....17..... y 0 Q62 rothonotery 4 BY THE COURT, VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing Motion To Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of le Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff ??/?? Dated- MARK J. UDREN & ASSOCIATES BYs Mark J. Udren, Enquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY SILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhiael Kristine M. Burnhiael Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil CERTIFICATE-OF-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure upon the following person(s) named herein at their last known address or their attorney of record. -ocxxxx Regular First Class Mail Certified mail other (certificate of mailing) Date Served: May 1% , 2000 TO: Russell E. Burnhiael 116 Ridge Hill Road Mechanicsburg, PA 17055 Kristina M. Burnhiael 125 N. Sporting Hill Road Mechanicsburg, PA 17055 and 116 Ridge Hill Road Mechanicsburg, PA 17055 MARK J. UDREN & ASSOCIA By; UreMark J. Wren, squire Attorney for Plaintiff APR 1 32000 MARK J. DDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ENO. 99-6487 civil ORDER AND NOW, to wit, this day of , 2000, upon consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the above captioned complaint be amended by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. BY THE COURT: J. APR 1 3 70? MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristina M. Burnhisel Defendants NO. 99-6487 civil ORDER AND NOW, to wit, this day of , 2000, upon consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the above captioned Complaint be amended by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. BY THE COURT: J. NPR 1 3 200 MARK J. UDREN i ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil ORDER AND NOW, to wit, this day of , 2000, upon consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the above captioned Complaint be amended by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. BY THE COURT: J. APR 1 3 200(, MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil ORDER AND NOW, to wit, this day of , 2000, upon consideration of Plaintiff's Motion For Leave To Amend Complaint and supporting documents thereto, and upon consideration of the Reply, if any, the Court hereby ORDERS AND DECREES that the above captioned Complaint be amended by correcting the address of the mortgaged property to: 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. BY THE COURT: J. i LAW OFPI'rc MARK J. UDREN & H6S4: 'I <<E:, 1040 N. KINGS HIGHWoo SUITE 500 CHERRY HILL, NJ 06034 s r I 196 P08680882 8864 s OO,33D 0048 CiWRRY11111.NJ 08034 Kris?ioq IH. Qurnhtsel 125 P. S?0 4,,A wtII I?oacl Meel,antcs bur, I PA 1705.6 >, 4 1i s .F 4. , i t i LAW OFri,,rs MARK J. UDREN 8 Hb , '(:IA-DES 1040 N. KINGS HIGHWAY SUITE 500 CHERRY HIIA, NJ 08034 1. § 41 14 5 8804 00.330 F08680882 0() 67 CNEHNTHILL NJ 08034 lib R,die- 14i II RAJ Mec?«ni,csburc?, PA 17055 ,4. 1 1 i r. ? ?YI MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 ATTORNEY FOR PLAINTIFF Aurora Loan Services COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristine. M. Burnhisel NO. 99-6487 civil Defendant(s) AMENDED.ORDER AND NOW, this 10 Day of ? {y? y' , , upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristine M. Burnhisel shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristina M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgaged premises at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055. k/ BY THE .-, i? 4 Q I `. tip ?f _1a'^ ? ? ` ? i? ?, i K GI .? (?.'. i , MARK J. UDREN & ASSOCIATES BYe Mark J. Udren, Require ATTY I.D. N0. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-481-6900 Aurora Loan Services Plaintiff v. Russell E. Burnhisel Kristine M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County 'NO. 99-6487 civil CERTIFICATE-OF-SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Amended Complaint in Mortgage Foreclosure upon the following person(s) named herein at their last known address or their attorney of record. -acxxxx Regular First Class Mail Date Served: 8/30/2000 Certified Mail other (certificate of mailing) TO: Russell E. Burnhisel 116 Ridge Hill Road Mechanicsburg, PA 17055 MARK J. UDREN & ASSOCIATES By: Mark j.,,?6dren, Esquire Attorney for Plaintiff MAY 2 2 2'00 MARK J. UDREN i ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. ICINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan services Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristine M. Burnhisel Defendant(s) NO. 99-6487 Civil ORDER AND NOW, to wit, this )Jr' day of 2000, upon consideration of Plaintiff's Motion for Leave To Amend Civil Action Complaint in Mortgage Foreclosure, and any response thereto, it is hereby ORDERED AND DECREED that the Rule entered on April 14, 2000, Returnable within fifteen days of service, is hereby made Absolute. It is further ORDERED that: The above captioned Complaint be amended by correcting the address of the Mortgaged property to 125 N. Sporting Hill Road, Mechanicsburg, PA 17055. It is further ORDERED that the Complaint, except as so amended, shall in all other respects, remain unchanged and as filed and therefore, no additional and/or new Answer/or "otherwise plead" period shall be allowed; the case shall continue to proceed as if the Complaint, as so amended, was the original Complaint. TRUE C"T, For-" -7-011D BY THE COURT: In Testimony vdj.rv.:;f, I i. , • : my hand and the seed of said Coart rn Cariisie, Pa.. This .....1 y,,... of..:. QQ. . .. J. Prothonotary ?? MARK J. UDRHN & ASSOCIATES BY: Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristina M. Burnhisel 125 N. Sporting Hill Road Mechanicsburg, PA 17055 Defendant(s) NO. 99-6487 civil AMENDED 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 AVISO Le han demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demanders en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuer la demands en contra suya sin previo aviso o notificacion. Ademas, Is corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAHENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O MANS POR TELEFONO A LA OFICINA CUYA DIRSCCION BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE BE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 NOTICE NOTICE TO BORROWERS: 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 OWED BY YOU. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 i 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Sovereign Bank, d/b/a Mainline Financial Assignee: Norwest Mortgage, Inc. Recording Date: 3/5/98 Book: 570 Page: 525 Assignor: Norwest Mortgage, Inc. Assignee: Aurora Loan Sevices Recording Date: Lodged for recording 2. Defendants are the individuals 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, are the real owners and mortgagors of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendants, Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendants the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 125 N. Sporting Hill Road MUNICIPALITY/TOWNSHIP/BOROUGH: Hampden COUNTY: Cumberland DATE EXECUTED: 3/4/98 DATE RECORDED: 3/5/98 BOOK: 1436 PAGE: 24 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendants continue to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 10/19/99: Principal of debt due and unpaid $91,061.57 Interest at 6.75% from 3/1/99 to 10/19/99 (the per diem interest accruing on this debt is $17.07 and that sum should be added each day after 10/19/99) 3,977.31 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $126.30 and that sum should be added on the first of each month after 10/19/99) 987.47 Late Charges (monthly late charge of $28.91 should be added on the fifteenth of each month after 10/19/99) 213.29 Attorneys Fees (anticipated and actual to 5% of principal) 4,553.08 TOTAL $101,322.72 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaeer 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 not been sent because the Mortgage is insured by the Federal Housing Administration ("FHA") and the notice is therefore not required. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendants herein in the sum of $101,322.72, plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, Esquire MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL CERTAIN TRACT or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, known as Lot No.11, in Plan N0.2 of Bungalow Bites as laid out by Charles Eberly, which Plan of Lots is recorded in the office for the Recording of Deeds, etc, in and for the county of Cumberland aforesaid, in Plan aook No.3, at Pago 24, and more particularly bounded and described as follows to wit; BEGINNING at a pin on the side of the Sporting Hill Road and at corner of a fifty feet wide public streetj thence along said Sporting Hill road south eighteen (18) degrees thirty (30) minutes west one hundred (100) feet to a pin at corner or Lot no. 12 on the Plan herainbefore mentioned; thence along said Lot No. 12 North seventy-one (71) degrees thirty (30) minutes west one hundred sixty-five (165) feet to a pin at corner of Lot No. to on said Planj thence along the said Lot No.10 north thirty-eight (38) degrees thirty (30) minutes east one hundred forty-seven and nine-tenths (:47.9) feet to a pin on the side of said fifty feet wide public street; thence along the line of said street south Lifty-one (51) degrees thirty (30) minutes east one hundred twenty-two and four-tenths (122.4) feet to a pin at the place of BEGINNING. HAVING thereon erected a one and one-half story frame dwelling house. V2_R_I_P I_C.A_T_1_0_N The undersigned, the Plaintiff in the within action, or the servicing agent of Plaintiff, and being authorized to make this Verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the within Amended complaint are taken from the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated:_qJI Aurora Loan Services . Name. Title: Krista Gingrich Assistant Vice President Xtr ?•L .fin Y Mx E tiy Rr; 'dY fi l,av i1F at?$ •i L- u P x cl 00 a co t i OOgtlL.u1M?01q(ROLI ? • • • ? tlIW mmnu.uir , MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITS 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil PRAECIP"O_REINSTATE_COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: September 11, 2000 MARK J. UDREN & ASSOCIATES u/ yl_ Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN G ASSOCIATES BYs Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel 125 N. Sporting Hill Road Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil o AMENDED 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 COPY BY THE kC I TRUE COPY FROM RECORD In Testimony wherml, I twe unto set my hand and IN ssal d;-Id C l at CsrilA, Pa. Thi??da1 2&ry r. Pralhanotary MARK J. UDREN Q ASSOCIATES BYt Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil AMENDDE DRDE R AND NOW, this 30 Day of consideration of Plaintiff's Motion and the Affidavit?ofpGood Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristine M. Burnhisel shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristine M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgaged premises at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055. )/;? tun cV SAS; ca> co IJV? V Q l F aaa??? ._ 4 .r Y i= ^C tvi. cS, rkd? ry .,r hie SHERIFF'S RETURN - REGULAR CASE NO: 1999-06487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AURORA LOAN SERVICES VS BURNHISEL RUSSELL E ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within AMENDED, REINSTATED was served upon BURNHISEL KRISTINA M the DEFENDANT , at 0014:30 HOURS, on the 19th day of September, 2000 at 125 N. SPORTING HILL ROAD MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of AMENDED, REINSTATED together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.44 Posting 6.00 Surcharge 10.00 .00 41.44 Sworn and Subscribed to before me this day of A. D. rothonotary So Answers: R. Thomas Kline 09/21/2000 MARK J. UDREN By: /L/..% Deputy Sheriff e NARK J. UDREN 4 ASSOCIATES BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services Plaintiff Russell E. Burnhisel V' Kristina M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil VERIFICATION_OF_SERVICE_BY__CERTIFIED_MAIL_AND_ REGULAR_MAIL._PURSUANT TO_COURT_ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Complaint in Mortgage Foreclsoure to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant (s) as follows: DATE MAILED: )p[111OC) Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES Dated: kp\10\Cpz? Mark J. Udren, Esquire ? .L"t un.••.••s.r ul l, 'fli Jild ?,? _ III 0 0 .0 l.n .0 A 1\\?sU{?? 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N 9 ? ? 0 N E ? ?-` 55?1 epep X ?$j 37 3 Eli HIS I r ll t r? 1 ry 1. 1 ; LL I NN 1 1 I A, i 1.. 111 _ y. ?C fh ? i rl u„ ^ u C', ? IMF IS ?L rv f l St d +' • MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY 'HILL, NJ 08034 856-482-6900 Aurora Loan Services :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Russell E. Burnhisel Kristina M. Burnhisel .NO. 99-6487 civil Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: November 14, 2000 MARK J. UDREN & ASSOCIATES BY: 2v for Plaintiff .0 16 V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?')11 J 0 0 Name: Title: R. Lee Horne Company: Vice President r . - ? 14 aa a.w.•wws tinafl?N?'^bne+cS:u ..??*+M++•...x+.. x ............." ..... ,. .. .. ,... ?.e,..< u.f?w•JwSnYaf;BMAr..v'..?.`evMrrwru•wW+?o? r I i z r f T) to f y MARK J. DDREN Q ASSOCIATES HY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel MORTGAGE FORECLOSURE Kristina M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 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 $101,322.72 Interest per Complaint 6,674.37 From 10/20/99 to 11/13/00 Late charges per Complaint 346.92 From 11/15/99 to 11/13/00 Escrow payment per Complaint 1,641.90 From 11/01/99 to 11/13/00 TOTAL $109,985.91 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MARK J. UDREN & ASSOCIATES DAMAGES ARE HEREBY ASSESSED DATE:. A )nU .?7 ?4UU ATTORNEY FOR PLAINTIFF *COURT OF COMMON PLEAS :CIVIL DIVISION ;Cumberland County Mark J. Udren, ESQUIRE Attorne for Plaintiff AS INDICATED PRO PROTHY i .' ? ,,: ( ` .. ?:? : i:L .v:? ? i -? ?,.j ? jti ? r... ?: to 1 r N ?' ?? ??; r; u MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGRWAY, SUITE 500 CHERRY HILL. Na 08034 ATTORNEY FOR PLAINTIFF Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Russell E. Burnhisel Kristina M. Burnhisel 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 NO. 99-6487 civil Defendant(s) DATED: October 26, 2000 TO: Russell E. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 IMPORTANT--NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 NOTIFICACION._IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA PAR DE SU ACCION UIRIDA ACCIO DEBIDA DENPRO DE UN TERMI OTDE DIEZT(10)DIAS E ESTANOTIFICACI NN EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .. r) 1 0 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Require ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff v. Russell E. Burnhisel Kristina M. Burnhisel 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) DATED: October 26, 2000 TO: Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil 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 AFFORD ONE, GO?TO OR TELEPHONE THEDFOLLOW NG OFFICE TO OFIND OUT WHERE YOU CAN GET LEGAL LAWYER HELP. SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 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 IMPORT. LLEVAR EST NOTIFICAC ON A UN AB OOGADOEIMMED ATAMENTE SITUSTED NOBTIENE ABOGADOA O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA UYA ESCRLITTA ABPOR AJC PARA AVERIGODONDE SECPU DE I ON EGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 NOTICEt PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW 4 A S DEB. DEEMED ANY O INBE A DEBT COLLECTOR D THIS FORMATION OBTAINED WILL BE S IIED FOR? COLLECT THAT PURPOSE. r C.) 5 iriL l U`? y'"r i A r -:J MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 9n4_aa9_9ann Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 99-6487 civil AFFIDAVIT OF NON-MILITARY SERVICE STATE OF SS COUNTY OF 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: Russell E. Burnhisel Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Kristina M. Burnhisel Age: Over 18 Residence: As captioned above / Employment: Unknown Name: Title: R. Lee Horne Sworn to and subscribed Company: Vice President befor me this 151) day of clou..: ?9-??sa iBrAU NOLIRY40 of tAO M WONNE a WARREN *1 Wmaa Oq, J* r, NO ?' wA?s.,u Ew YJSYSC31 AAO/ZE W, MYtldCN e;r 4 YC.aYI•QItIIOiN%a!M F G7 '? x [ Q V j x t it i {t?ys? ? r s,? r t r k •vY?:?m t4C^ - A?. `nAK MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) TO: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, Pa 17055 NO. 99-6487 civil 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 Money Jui Judgment Judgment Judgment Judgment Prothonotary by Default figment in Replevin for Possession on Award of Arbitration on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PL2.ASE CALL: ATTORNEY __ _ _. .__ -Mark _J., Udren, Esquire At this telephone number: .. ._856-482-6900 MARK J. UDREN 4 ASSOCIATES BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 'COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff V. Russell E. Burnhisel MORTGAGE FORECLOSURE Kristina M. Burnhisel ;NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER-AND ASSESSMENT--OF-DAHAGES 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 $101,322.72 Interest per Complaint 6,674.37 From 10/20/99 to 11/13/00 Late charges per Complaint 346.92 From 11/15/99 to 11/13/00 Escrow payment per Complaint 1,641.90 From 11/01/99 to 11/13/00 TOTAL $109,985.91 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. MARK J. UDREN & ASSOCIATES r ., ..rKv for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: L u7 c2 ?i rv)n PRO PROTHY BY (THE TRUE COPY FROM RECORD in Tastlmorty wher-A, I twe unto snt my hand and the ,gal of Said C rt at Carii,4e, Pa. Th?da of ?e?y Prothonotary MARK J. UDREN h ASSOCIATES BYt Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil AMENDED ORDER AND NOW, this 0710 Day of upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristina M. Burnhisel shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristina M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgaged premises at 125 N. Sporting Hill Roac)? Mechanicsburg, Pa 17055. fI NARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Nark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 'COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristine M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 SEE LEGAL DESCRIPTION ATTACHED Amount due Interest From November 14, 2000 to Date of Sale March 7, 2001 Per diem ®$17.07 (Costs to be added) $109,985.91 1,945.98 MARK J. UDnN & ASSOCIATES PLAINTIFF u ? y Y r... c n ??VVI <.; _ ? :? '?? U VVV ?9 ! M ? rt;; x F . ? . hh y1 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Aurora Loan Services COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 .Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristina M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 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 being exposed to sale is the mortgaged property. and the property II. The Defendant(s) own the property being exposed to sale as: III ...A. An individual X H. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership .. E. Tenants in Common F. A corporation 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 resi nt of th Commonwealth of Pennsylvania. Resident: /1 Address 4 I.D. # as above ..? N 1 d^vif?.BNN?VtJLAMS:.rfYMrt+??.VeF.+..i>.m?n .a.r.? y..`u.r ? ... ... .. uwu??+ Y •.1 Y' ?Y_ ?? \? Lam.., C) C ?_ l _ 3 zti ? _ ... ., ,,, .?`n ? ii CJ 7r"' » ? C: r.. • 1 L ??. C i ? C, . . '., ? L) MARK J. UDREN & ASSOCIATES BYs Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Plaintiff MORTGAGE V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) NO. 99-6487 civil 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. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & AS ATTORNEY WOR PLAINTIFF to (j • MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 'COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristina M. Burnhisel ;NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, 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: 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address RUSSELL E. BURNHISEL 116 RIDGE HILL RD, MECHANICSBURG, PA 17055 KRISTINA M. BURNHISEL 116 RIDGE HILL RD, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQ., CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department 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 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: November 13, 2000 v.ua? y41 G{{, QQW. Attor ey for Plaintiff ih4•d ? 3.r ., 17 k, N n.'1 fu` 6?f r X1F -i "rd MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 'COURT OF COMMON PLEAS 601 5th Avenue ;CIVIL DIVISION Scottsbluff, NE 69361 Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristine M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, Pa 17055 Your house (real estate) at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 is scheduled to be sold at the Sheriff's Sale on March 7, 2001, at 10:00 AM in the CUMBERLAND COUNTY COURTHOUSE, COMMISSIONERS HEARING ROOM, 2ND FLOOR, CARLISLE, PA to enforce the court judgment of $109,985.91, 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 actions 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costa and reasonable attorney's fees. To find out how much you must pay, you may calls (856) 482-6900. 2. You may be able to atop 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 atop 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.) l , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIOHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 ti .-_ l11'_r Cl l -.a.r CD ,)?1? ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF HAMPDAN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, KNOWN AS LOT NO. 11, IN PLAN NO. 2 OF BUNGALOW SITES AS LAID OUT BY CHARLES EBERLY, WHICH PLAN OF LOTS IS RECORDED IN THE OFFICE FOR THE RECORDING OF DEEDS, ETC. IN AND FOR THE COUNTY OF CUMBERLAND AFORESAID, IN PLAN BOOK NO. 3, AT PAGE 24, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A PIN ON THE SIDE OF THE SPORTING HILL ROAD AND AT CORNER OF A FIFTY FEET WIDE PUBLIC STREET; THENCE ALONG SAID SPORTING HILL ROAD SOUTH EIGHTEEN (18) DEGREES THIRTY (30) MINUTES WEST ONE HUNDRED (100) FEET TO A PIN AT CORNER OF LOT NO. 12 ON THE PLAN HEREINBEFORE MENTIONED; THENCE ALONG SAID LOT NO. 12 NORTH SEVENTY-ONE (71) DEGREES THIRTY (30) MINUTES WEST ONE HUNDRED SIXTY-FIVE (165) FEET TO A PIN AT CORNER OF LOT NO. 10 ON SAID PLAN; THENCE ALONG THE SAID LOT NO. 10 NORTH THIRTY-EIGHT (38) DEGREES THIRTY (30) MINUTES EAST ONE HUNDRED FORTY-SEVEN AND NINE- TENTHS (147.9) FEET TO A PIN ON THE SIDE OF SAID FIFTY FEET WIDE PUBLIC STREET; THENCE ALONG THE LINE OF SAID STREET SOUTH FIFTY-ONE (51) DEGREES THIRTY (30) MINUTES EAST ONE HUNDRED TWENTY-TWO AND FOUR-TENTHS (122.4) FEET TO A PIN AT THE PLACE OF BEGINNING. BEING KNOWN AS 125 NORTH SPORTING HILL ROAD, MECHANICSBURG, PA PROPERTY ID NO. 10-20-1844-127 TITLE TO SAID PREMISES IS VESTED IN RUSSELL E. BURNHISEL AND KRISTINA M. BURHHISEL, HIS WIFE BY DEED FROM DAVID P. BEALE, III AND LOUISE BEALE, HIS WIFE DATED 2/27/1998 AND RECORDED 3/5/1998 IN DEED BOOK 173 PAGE 102 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil VERIFICATION OF SERVICE BY CERTIFIED MAIL.AND_ REGULAR MAIL PURSUANT TO_COURT.ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the NOTICE OF SALE to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: DECEMBER 6, 2000 Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MARK J. UDREN & ASSOCIATES Mar J. Udren, Esquire .11.i..i.i ??. Jill.., fff I??) H N I wH timwwtl v O Lt r c o U /, Iwo 7 $ I»f 71tIl10d RWl O O C3 t7 Uw!ne+tl.Iw.w=lupuy w ww a 44 C3 O o 0 ?? . ? uw.•wn W.wxgiuy k-' t+ ..i w!n.n uu,?w rr rr ??? f w! Dnyudj rn In m 03 t Mgwn ru ni tr tr J 'i ' En rn 11t ru ?? r r t 7 3i 0 xc x v F i C I tn t O M N rl ?aw an?r-1 W W ?xA rou r? to u r?l ? r Certified Mail Provides: ¦ A marling receipt i ¦ A unique identilia for your moCpiece ¦ A signature upon delivery r ¦ A record of delivery kept by tie PO5i Service for two years i Important Reminders: - I ' ¦ Certified Mail may ONLY be combined with First-Class Mail or Pri" Mail, ¦ Certified Mail is not available for any class Of international mall. 11 NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fa valuables. please consider Insured or Registered Mail ¦ For an additional lee. a Petum Receipt maY be requested to provide proof of delfvary. To obtael Return Receipt service. please complete and attach a Retun Recapt (PS Form 30111 to the article and add applcable postage to Cci the fee Endorse mailpiece `Return Recemt Requested% To receive a fee waiver for a duplicate return receipt. a LISPS pcstmwk on your Certified Mail receipt Is required. Y ¦ For an additional fee. delivery may be restricted to the addresses or addressee's au!hcoied agent, Advise the Clerk or mark the mallpiece with the l Oeovory". endorsement "Reslncteof ¦ it o postmark on the Canned Mail receipt is desired. please present-the ant. le at the post arcs for postmarking. If a postmark on the Certified Mail receipt is not needed. detach and affix label with postage and mad. i IMPORTANT: Save this receipt and present It when making an Inquiry. 10259e99-M-2091 PS Fcan aBCd. February :COO IRmrfsl. t i J ,. H MARK J. UDREN & ASSOCIATES BY: Mark J. Udran, Esquire 4TTY I.D. NO. 04302 1040 N. KING& HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil AMENDED-ORDER BY THE ?C TPAJE COPY FROM REOORD In Testimony whereof, I brae unto set my hand and 09 seal of said CNr( al C.ar"e , Pa. Ire This-,40 _day o(lyh&ua-t- r2&VE Pralhonotery AND NOW, this 30 Day of upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristina M. Burnhisel shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristina M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgaged premises at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055. ?/f c. ?V C i i) f:zt;: ,.);. 7 ' C) 7? CA ' i L ?+. / ..' L ?n • MARK J. UDREN & ASSOCIATES BYs Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :NO. 99-6487 civil 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: February 19, 2001 MARK J. UDREN & ASSOCIATES BY Mar J. U ren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BYt Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 ATTORNEY FOR PLAINTIFF Aurora Loan Services COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristina M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, 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: 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address RUSSELL E. BURNHISEL 116 RIDGE HILL RD, , PA 17055 KRISTINA M. BURNHISEL 116-RIDGE HILL RD, MECHANICSBURG, PA 17055 & 44 NORTH UNION ST., HUMMELSTOWN, PA 17036 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. 5. Name and address of every other person who has any record lien on the property: Name Address TOWNSHIP OF HAMPDEN 230 S. SPORTING HILL RD., MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQ., CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department 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 125 N. Sporting Hill Road, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES DATED: FEBRUARY 19, 2001 4 --- Mar U ren, ESQ. Atto ey 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 856-482-6900 Aurora Loan services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) DATE: December 5, 2000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF-REAL PROPERTY OWNER(S): RUSSELL E. BURNHISEL AND KRISTINA M. BURNHISEL PROPERTY: 125 N. Sporting Hill Road Mechanicsburg, Pa 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March-7,-20-0.1, at 10:00 AM, at the CUMBERLAND COUNTY COURTHOUSE, COMMISSIONERS HEARING ROOM,2ND FLOOR CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale.You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Ti A E , ? a V1 73 Ni fa l x NE l ` a a ?E s a 1 y 3 6 M S • I Y1? ? •00'1` e Alsod s n E ??? Y 8 ..t. . I.f? ? 1 LOS nO ? C=u7 ? D & CS VV ??? ? 7 Q t r o Y n M O < YOJ Of $? m (3? i li-, UUS aw-,?m ya ?a oa a 3 6 ? ' J c ° N zn 0. Z O y 2 ZU_ fp L O it y? z Dz? u QO c wi o? o 'Y= oU r W? ? U y mi O2ON X20 4N0 1z : g O, O OWn U°m '< a . J ° W N ``\\ N V - = W =m oC R 32 m ' u Q$ t b R N Z yy L 1 O N ^ Q y y N M N f h O 4 i O t v C O O1 c a c a° m `0 c a 0 CL B lL Q1 {L NO m i ?ga ui a ? s ??''aa aE 09. o Sao ??? ? ? Id 3 v 4- J Daiz a >:??US 3nz a? 0 a 1l1 t0 1? c0 O O . ` o r N M O .- ^ ^ .- a lloW olgejunooab job MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. N0. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil NMRT_F7CATTQN OF yERYJCE Ay CERTTF YJ) MAIL AND R_RGUTAR_ tom.AIL 0RSDANT TO-COURT-ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the NOTICE OF SALE to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: DECEMBER 6, 2000 Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MARK J. UDREN & ASSOCIATES Mark J. U ren, Esquire G., N0IT a r , ,Z-0i?f:f r H O I r ]w °I?F01 y p ?yt ?xx ? wpm aoH 4 Ln o r L i 0 9 x 2 Imo o ScZm F?yP a L S S N .n U, r ?? M1 M1 ru N pm" s .0 n ? .0 Cwon.a Pu R• AocW Pu (FlVOr••r•YR R• n"( O O RutrknG D~y Pu O O MAd&*WMM ROOM" 0 ° 0 r•m Po•uy a P••. Es , S S R •'•N (ft m P.nr s rr u' 3 '!ei•r c ?. ..yl i.G]5?)J( C3 c M1 C c M1 r M Ynn. .? . O F? r o ? . fN H ?` ?? s • I , * I 7l7 l` Po•OwY ' N•n i r r ' ? i Certllled Mall Provides: ¦ A mailing receipt . ¦ A unique ber111fler for i - your manpiarce . al A signature upon del"ry j ¦ A record of ooln,ry kept by the postal Service for two Yean % , Lgpprtaaf Remindut • t; Canifisd Mall may ONLY be combined with Fast-Chia MN or P" Mail. i Certified Mail is not available for any class of Intemational mail. I ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Man. For valuables, Plaate consider Insured or Registered Mail. ¦ For en additonal fare, a Retum Recewt mryW regwstadYtoWpfOVale proof of Recalm (PS form 311! to iM 11111 10 W add apple ablet Postage to ?wRem W In. fee. EMOne 0a ,ece Return Rweipt Requested . To rwelve a fee wane, for a tl ed. a Mum receipt, ¦ LISPS postmark on your Certified Mall realm required. ? ¦ For, ean additional lee, tldrvery rosy be restricted to the addmu" w atltlretseeY autnon7e0 spans, Atlvlae the cle,k of mark the madplece with the tmtlurtemmt'Aestnctstl Delivery-, l ¦ Il i postmark on the Certified Man eceipt is dewed. Please prn "the ani. Cie at the 0051 Pna.'e for postmarking. II a Postmark on the CMdleY Mad rote'pt is not nestletl, tl51aU1 and art .1x Iabel with pottage antl nud. IMPORTANT: Save this receipt and ptelent It when MaKnp an Inglilry. Pa Fpm 3100, Fepery aD00 IRemnel. 1025 V-2067 1 1 30 p m a _ bi r MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire JrTTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 609-482-6900 Aurora Loan Services Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 99-6487 civil AMF.NDF_n DWER / AND NOW, this 07'0 Day of ? q lam, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached heretb, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure and all subsequent pleadings on Defendant(s), Kristina M. Burnhisel shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Complaint in Mortgage Foreclosure and all subsequent pleadings by Certified mail and regular mail to the last known address of Defendant(s), Kristine M. Burnhisel at 116 Ridge Hill Road, Mechanicsburg, Pa 17055 and by posting the mortgaged premises at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055. )/I BY THE C 3 ...,.i TRUE COPY FROL:., tsL•,M REOORD In Testimony wheronl, I txwe unto set my hand and the :;eV of sairl C rt at urita)s, Pa. This,.3 v ? _da of Prothonotary MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Aurora Loan Services 601 5th Avenue Scottsbluff, NE 69361 Plaintiff V. Russell E. Burnhisel Kristina M. Burnhisel 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant (s) ATTORNEY FOR PLAINTIFF 0 C=) CD COURT OF COMMON PLEAS V.'n c CIVIL DIVISION c? Cumberland County a H N NO. 99-6487 civil VE I?_FICAMION OF SERVICE. BY CF.RTTETFfl MAIL AND- REGULAR-MAIL PIIILSUANT TO COURT ORDER ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to!the Court order issued in this matter he mailed a true and correct copy of the NOTICE OF SALE to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: DECEMBER 6, 2000 Kristina M. Burnhisel 116 Ridge Hill Road Mechanicsburg, Pa 17055 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MARK J. UDREN & ASSOCIATES Mar J. U ren, Esquire Rr War.; f .1 r_ Alt, i _ . 11 l? i t q? t 1 i ? L_ ? f ' L ` 1 !g . Ph dd ( I J 4 J 1.J L'', Xs l STATE OF PENNSYLVANIA, 1 COUNTY OF CUMBERLAND J SS. Robert P Ziegler h ---------------------------------------------- -___ Recorder of Deeds in and for said County and Sate do hereby unify that the Sheriff's Deed in which ---------------- Housing 6 Urban Dev Sec --------------------------- °-----------°----------------°-- is the grantee 7th the same having been sold to said grantee on the _______________________________________________ day of March 01 ---------------------------------------- A. D., ' ----, under and by virtue of a writ-------------- ----Execution 27th -------------------- issued on the day of -____ Nov -- ------------ A. D., 00 , out of the Court of Comman Pleas of said County as of Civil gg ------------------------------°-------------------------------------------------- Term, •----- Number---- 6487 Aurora Loan Serv Russell E Burnhisel 6 Kristina M ----------°----- ------- against---------------------------------------------------- is 242 157 duly worded in Sheriffs Deed Book No -------------- Page ------------- IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ------ -°r --J-1AJ D tn./ Record& of Deeds MR I ? ces tberin rkst Mats Ci ft M I Of Ua 2WZ Aurora Loan Services In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Russell E. Bumhiscl and Kristina M. Bumhiscl No. 1999-6487 Civil Robert L. Fink, Deputy Sheriff, who being duly sworn according to law, says on December 6, 2000 at 9:00 o'clock A.M. EST, he served true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Russell E. Burnhiscl by making known unto Ashley Dunlap, person in charge at time of service at 116 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Dawn L. Kell Deputy Sheriff, who being duly sworn according to law, says on January 8, 20001 at 10:21 o'clock A.M. EST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Russell E. Burnhisel and Kristina M. Bumhiscl located at 125 Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says lie made diligent search and inquiry for one of the within named defendants to wit: Kristina M.Bumhisel, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County to Serve the within Real Estate Writ Notice Poster and Description according to law: Dauphin County Return: and now January 24, 2001 at 9:16 PM served the within Real Estate Writ Notice & Description upon Kristina M. Burnhisel by personally handing to her I true attested copy of the original Real Estate Writ Notice & Description and making known unto her the contents thereof at 44 North Union Street, Hummelstown, PA So answers: J. R. Lotwick, Sheriff Dauphin County, PA. R. Thomas Kline, Sheriff, who being duly sworn 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 to one of the within named defendants to wit: Russell E. Burnhiscl by regular mail to his last known address 116 Ridge Hill Road, Mechanicsburg, PA. This letter was mailed under the date of January 9, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn 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 to one of the within named defendants to wit: Kristina M. Burnhisel by regular mail to her last known address 44 North Union Street, l lummclstown, PA. This letter was mailed under the date of January 30, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania. on March 7, 2001 at 10:00 o'clock A.M., E.S.T, and sold the same for the sum of $1.00 to Attorney Dale Shughart for Secretary of Housing and Urban Development, an Officer of the United States of America, its successors and assigns at law. It being the highest bid and the best price received for the same Secretary of I lousing and Urban Development, an Officer of the United States of America, its successors and assigns at law, of 100 Penn Square East Philadelphia, PA, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $819.77 it being costs. Sheriffs Costs Docketing 30.00 Poundage 15.32 Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Out of County Deputize Dauphin County Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 15.00 30.00 10.00 .50 1.00 14.88 4.24 9.00 29.25 15.00 30.00 297.95 225.60 25.53 25.00 26.50 $819.77 paid by attorney 3-30-01 Sworn and subscribed to before me This 6'q- day of +.J ary ,tip„ , 2001 A.D.V1'otary Pr h n not ? S? 17 R. Thomas Kline, Sheriff Real Estate Deputy t l MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Aurora Loan Services :COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 :Cumberland County Plaintiff MORTGAGE FORECLOSURE V. Russell E. Burnhisel Kristina M. Burnhisel :NO. 99-6487 civil 25 N. Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Aurora Loan Services, 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: 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address RUSSELL E. BURNHISEL 116 RIDGE HILL RD, MECHANICSBURG, PA 17055 KRISTINA M. BURNHISEL 116 RIDGE HILL RD, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address NONE x 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address REAL ESTATE TAX DEPT. 1 COURTHOUSE SQ., CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER ST., CARLISLE, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department 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 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. MARK.J. UDREN & ASSOCIATES DATED: November 13, 2000 1`ax& Out caa, u.ry,. Attor ey for Plaintiff 1 MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY; Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, Na 08034 856-482-6900 Aurora Loan Services 'COURT OF COMMON PLEAS 601 5th Avenue :CIVIL DIVISION Scottsbluff, NE 69361 .Cumberland County Plaintiff V. Russell E. Burnhisel Kristine M. Burnhisel 25 N., Sporting Hill Road Mechanicsburg, Pa 17055 Defendant(s) :MORTGAGE FORECLOSURE :NO. 99-6487 civil NOTICE.OF_SHERIFF_!S_SALE._OF_REAL_.PROPERTY TO: RUSSELL E. BURNHISEL 116 Ridge Hill Road Mechanicsburg, Pa 17055 Your house (real estate) at 125 N. Sporting Hill Road, Mechanicsburg, Pa 17055 is scheduled to be sold at the Sheriff's Sale on March 7, 2001, at 10:00 AM in the CUMBERLAND COUNTY COURTHOUSE, COMMISSIONERS HEARING ROOM, 2ND FLOOR, CARLISLE, PA to enforce the court judgment of $109,985.91, 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, coats and reasonable attorney's fees. To find out how much you must pay, you may call: (856)_.482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to atop 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.) f YOU-MAY _STILL BE, ABLE TO SAVE, YOUR. PROPERTY. AND, YOU HAVE OTHER RIGHTS EVEN-I7-THE-SHERIFF'S SALE DOES TAKE-PLACE. 4 , 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pa 17013-3387 717-249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6487 CIVIL 11 Tenn COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, Interest and costs due Aurora Loan Services PLAINTIFF(S) from Russell E. Burnhisel and Kristina M. Burnhisel, 25 N. Sporting Hill Road, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell- See Legal Description (2) You are also directed to 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) 11propertyof thedetendani(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 hirrvherthat he/she has been added as a garnishee and is enjoined as above staled. Amount Due $109,985.91 from to ate o gEIe 37TI01 Interest -- 45 98 L.L. $.50 Atty's Comm Ally Paid $261.66 Plaintiff Paid Date: Novembe?27, 2000 REOUESTING PARTY: Name Mark J. Udren, Esq. Address: 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 Attorney for: Plaintiff Due Prolhy S1.00 Other Costs Curtis R. Prolhonota , Civil Division Aaeh -A Deputy Telephone: 856-482-6900 _ Supreme Court ID No. 04302 _ REAL E.S Nu. 1 ,at Oj,, ?a,;v-wt) the sheriff levied upon the defendants interest in the real property situated In 442 Cumberland County, Pa., known and numbered as:/?tt ,a? ana more tul : ,cribed on Exhibit "A" filed with this writ and by this reference incorporated herein. IteA A6:t- 2d. O Q? °r X t+ze rr, It?? s*iK X i t. -sr THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael Morrow 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- Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-Nows were established March 4th, 1854, and September 18th, 1949, ruspectivoly, 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 dally and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and 13th day(s) of February 2001. That neither he nor sold 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 trtlo; 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 the said Company and subsequently duly recorded in the oflico for the Recording of Deeds in and for said County lol Dauphin jp,Miscellaneous Book "M", Volume 14, Pago 317. /? PUBLICATION ?`„ ....................V.."`'..... . . .... COPY . . . .................. ,........ .................. . Swor is 27th d of Fobjuary 2001 A.D. S A L E 1111 Notarial seat Terry L. Russop. Notary C Puh?ac Nn i .C aau HLAIttITAt[MlEN0.11 F"- MatNlipr HaMsourit. P MyComrmisslonExdresJune6, OTARY PUBLIC 'Pan LanMsku NolarN Member, Pennsylvania Assocwtxn 01 +y commission expires Juno 6, 2002 NriN1L&-A1- ?qd CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE All 11Wi C(Uy ?;a, *a of 1W sihww.e t. n_ ARLISLE, PA. 17013 bPhn5a1 Bu1n ,91"As On & k Statement of Advertising Costs r . "? 0+" d Lob It le Office Ip the af(pldj i a To THE PATRIOT-NEWS CO., Dr. R dfnth"CoonlyafCumlrLd For publishing the notice or publication attached at It" NO. A+1despage 2k And h d +? dexnhd +r hereto on the above stated dates $ 224.10 I ? Pin upon IN Jdr ol lhrs Probating same Notary Fools) $ 1.50 public cumrrd + fJlr f M "hk public Total $ 225.60 fort Mkt5p Mtn Hill Road 181de+ihi -? m Jol minoln JII iMb+ nitcw rot Publisher's ' NN Ihrnin help! ownlbn 4 Receipt for Advertising Cost Itgral2AMhsrs .o., publisher of Th e Patriot-News and The Sunday Patriot-Now s, newspapers of general Ir Itm minutes ur no dgo receipt of the aforesaid notice and publication costs and certifies that the same have r 16fl l kvi to a pin at corn„ .r wh A rlo on the 4* ars+ rdb• ON hunJrrd Mr *'ano and loon I IM 1 + sin d 111 plan of 0 AS 123 Nod sporting IIJI kcbumpt .. in 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and Stale 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: JANUARY 19, 2G, FEBRUARY 2, 2001 Affianl 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 arc true, REAL ESTATE BALL NO. 11 Writ No. 1999.9487 Civil Aurora Lout Services Vs. Russell E. nunhlael and Krislina M. nunhlsel Atty.: Mark J. Udren ALL TItAT CERTAIN tract or par. 1 cel of land situate in the Towliship of Ilangxlan. County of Cumberland and State of Pennsylvania, known as Lot No. 11, In Plan No. 2 of null. Plow Sites as laid out by Charles Eberly. which Plan of Lots Is irconl• ed In the Office for the Rreonling of Deeds, etc, In and for the County of Cumberland aforesaid, in Plan Hook No. 3, at Page 24, and more Particularly Ixtunded and described as follows, to wit: BEGINNING ei a pun on ihr sldr 1 of the Slxxtulg 11111 Road and at cor• Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 i 1615 E. SNIDER, MtoryPeWx Q,t,Jo Caro, C. bwr and County, PA My Comml.rt„+ E.P,.o, YQ,th S, 2001 uicnce along aria sporting Iml Road south eighteen (18) degrees thirty :(30) minutes West one hundred (100) feet to a pin at corner or Lot No. 12 on the plan heretnbefore men. Honed: thence along said Lot No. 12 north seventy-one (71) degrees thirty (30) minutes west one hun- dred sixty-five (185) feel to a pin at comer of Lot No. 10 on said plan: thence along the said Lot. No. 10 north thirty-eight (38) degrees thirty (30) minutes cast one hundred "forty-seven and nine-tenths (147.0) feel to a pin on the side of said fifty feet wide public street: thence along the line of said street south ORy one (51) degrees thirty (30) ininules east one hundred twenty-two and -lour-tenths (122.4) feel to a pin al. the place of BEGINNING. BEING KNOWN AS 125 North Sporting [fill Road. Mechanicsburg. PA. PROPERTY ID No. 10.20.1844- - 127. TITLE TO SAID PREMISES is vested In Russell E. Bumlusel and Krlst1na M. Bumhisel. his wife by deed Yram David P. Beale. III and Louise Beale. his wife dated 2/27/ 1008 and recorded 3/5/1008 In Deed Book 173 Page 102.