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HomeMy WebLinkAbout08-0902UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 4708 Mercantile Drive Ft. Worth, TX 76137 'Cumberland County Plaintiff V. Traci L. Yurko 31 Scrafford Street : NO. ?$- qoa (21vit Term Shippensburg, PA 17257 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 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: N/A Assignments of Record to: N/A Recording Date: N/A 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: 31 Scrafford Street MUNICIPALITY/TOWNSHIP/BOROUGH: Southampton Township COUNTY: Cumberland DATE EXECUTED: 10/19/06 DATE RECORDED: 10/23/06 BOOK: 1970 PAGE: 1479 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/31/08: Principal of debt due $82,910.19 Unpaid Interest at 8.8%- from 7/1/07 to 1/31/08 (the per diem interest accruing on this debt is $19.99 and that sum should be added each day after 1/31/08) 4,247.74 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $119.25 and that sum should be added on the first of each month after 1/31/08) (212.20) Late Charges (monthlyy late charge of $39.49 should be added in accordance with the terms of the note each month after 1/31/08) 363.90 Fees 121.50 Attorne s Fees (anticipated and actual y principal) to 5t o 4,145.51 TOTAL $92,181.64 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $92,181.64 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY: Attorneys for -Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ALL the fotlMW descdm d snal estate. together' with ipavemand tenon,, lying and being situat. in Sootbaznp(on Townd* Cumbeidaad County. Peunrsylvania, more Pwdo&dy dmdbed as follows BEi rIld INO at a stake on fin omot 15 now or fomnaiy of Ralph A. Strafford, dm= aim& the northe dy akle of a 40 tot aide street, known as Sm&TO+d Sins, Naar 67 dgpm 30 n in ates Eau a distance of 60 floes to Lot 17 on mid plan; thence Nm* 22 dorm 30 nrimtten West along the dividing line between Lots 16 and 17 on add plm a disaatce of 118.43 feat to fends now or f mmerly of H.W. Geesamr Beim thence by the same, South 67 degrees 30 mimmes WcA a disianee of 60 fees to Lot 15 on plan of lots haaioafter mentioned; t omm along Lot 15, Soft 22 dgpm 30 mimaea East a theta of 118.43 fact to Scmf cd SttM the ph= of bq#nobq , having dm=n eructed a o't aid one-half awry fiamo dwelling hum BEND Lot 16 on plan of ker laid out for PUTA A., Smmffend, passaart to Properly mrvey of T.F.. Emick, MT, AL 2=, and lot layout by John HL Athermn, RP£, ft ?602 recorded in Plan Book 5; Page 18. October 5, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNEROS MQRTGx GE ASSISTANCE PROGRAM (AF.MAI! may he ahle to help n cave ynnr hnme. This Notice expigins how the program works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO OHOMEOWNERQS EMERGENCY MORTGAGE ASSISTANCE PROGRAMD EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI IIR SU HIPOTECA. EXHIBIT A Page I of 1 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER -Traci L. Yurko 31 Scrafford St. Sbjpposbur PA 17257 2000225766 Fremont investment & Loan D. eatsc & Bank HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE F.I.TGTRLF. FOR FFNANCIAI. ASSTSTANCF. WHICH CAN SAVE VOTIR HOME. FROM FORFCT.091711F. AND HELP YOU MAKE. FUTTIRE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNEROS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1.983 (THE FACTO), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUHMI ENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FOREC-1,01STTRF. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Oface-to-faced meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS WRTTNG MUST OCCUR WITHIN THE NEXT (30 DAVS_ TF YOU DO NOT APPLY FOR FMF.RGFNC''Y MORTGAGE AS91STANC'F, YOT 7 I,STRRING YOT TR MORT(,,AGF. I7P TO DATE- THF. PART OF THIS NOTICF CAI,i M DHOW O C:TIRF. YOUR MORTGAGE T)F.FA1J1.T0, FXPI.ATNR HOW TO RRING YOT IR MORTGAGE I TP TO T)ATF. CONSTTMFR CRF.DTT COITNSET ING A(:FNCWS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addr sRec and tPlenhon . numbers are get forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediate] of your intentions. APPLICATION FOR MORTGAGE. ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of 2 YOU MYIST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AC.FNCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATiTRE OF THE DF.FAiT1,T The MORTGAGE debt held by the above lender on your property located at: 31 Scrafford St. Shippensburg, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2007 through October 1. 2007 = $2332.65 _ Monthly Payments of $777 55 for Am" MoAft Late Charges of $39A9 for August 1, 2007 through Septg - .1, 2007 = $78.98 Other charges (explain/itemize): Other Fee= $75.00 Uncollected Late Fee= $135.06 Property Inspection= $3.75 Ungpplied Funds= ($115.35) _TOTAL AMQUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not -applicable,)- WA HOW TO CURE THE. DEFAULT _ You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S2510-09- PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by rash, cashier's w-k, certified rhark nr mnney nsrler made payahl and Se tt tn_' Udren i,aw Offices, P.C. Wander"t Cnrnnrate ('enter e 111 Wooderest Road, Suite 200 Cher Hill, NJ 0800-3620 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not pliable Na Page 3 of 3 IF YOU DO NOT CITRF THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends t „ e,xer ise its rigbts to accel?e the mnrt"gP. deht. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose neon ynnr mortgaged party. IF THE MORTGAGR IS FOREC-LOSF.D UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If y1n or h d .fa ilt within the THIRTY (30) DAY period, you will not he regniCed to pay sittarneylg fees, OTHER I ENDER RFMFDTFC - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender cannot pursue this remedy. RIGHT TO CURE THE DFFALILT PRIOR TO SHERIFF'S SAT, -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ynL still have the right to mire the defa d and prevent the sale at any time tm to one hour fare the Sheriff's Sale- You may a so by ryng the, total amount then nast doe 1, is any late nr other cha oes them chip., reasonable attntney'c fees and costs inn .r ed with the fn clns =r c le anti any nth r acts nnne&ed with the Sheriffs We as -,=ified in writing by the lender- and hy?rterFnrm. -any other re rniremen s under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. F,ART.iFST POSSTRLF, SHFRTFF'fi SAT F, DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the We. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender/Servicer: Saxon Mortgage Address: 4708 Mercantile Drive North Fort WoE% TX 76137 v Phone Number: SW325-3502 Fax Number: 871-665-7613 Contact Person: Loss Mitigation sm?t saxoomd.com F.FFErT OF SHERTFF'S SAL - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAOF. - You may not transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 4 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES; P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 Page 5 of 5 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 C? J S c? -Tj J U1 J d ell v C7"?a _ ?6 m m Cl) =00 C) zmo-n c_;-i;g ci m o nmr-° CA) v m m CO ?.? o^ ?.? -0 ? S cc J" rq 0 0 o r9 N .....? o C3 .p:.r ?.., t'_. r ~ ? n o ? s (q ? w 1 j m; O O S 6 x -j a 0 b-I a 0 0 r w t-? m Y .n m a m o? S V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she 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/she 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/her 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. UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE Q e c1 ^TS ? J ` ?7 F SLR d 1 ? 0 c' 3 0 D .. j) }1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00902 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS YURKO TRACI L STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE YURKO TRACI L was served upon the DEFENDANT , at 1855:00 HOURS, on the 13th day of February-, 2008 at 31 SCRAFFORD STREET SHIPPENSBURG, PA 17257 TRACI YURKO by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 %Z/a el0 F 00 47 *20 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 02/14/2008 UDREN LAW OFFICES By. Deputy Sheriff of A. D. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff ::Cumberland County V. :MORTGAGE FORECLOSURE Traci L. Yurko :NO. 08-902 CIVIL TERM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $93,319.40 Interest From 3/19/08 3,378.31 to Date of Sale 9/3/08 Ongoing Per Diem of 19.99 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. BY :?/ / '//D /A "'t1A11j Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE bA " o 00 -7-j 4z r- O? (71 8 SLi VI O (1) Sn 8 ` n 0"1 O 0 O O O O ' f c -p 'D ? -ri CO U c ? ,, -{ C-3 tv =-c O UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic ::COURT OF COMMON PLEAS Registration Systems, Inc. 'CIVIL DIVISION Plaintiff :Cumberland County V. =MORTGAGE FORECLOSURE Traci L. Yurko NO. 08-902 CIVIL TERM Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: x A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defe ndant(s) is (are): ___x _A- Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDRENN SLAW` OFFICES, P.. C. BY: ! pl)J ?/i1. _ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE c? c r' ? ? C;) -?, ` ?? -? ? .-s --r, ?,,, ? ? ? ? < <1 ! ? ' ? -. i?-. r { ` ?) ?=3i `? ? -^'t- ? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic =COURT OF COMMON PLEAS RegiVtration Systems, Inc. =CIVIL DIVISION Plaintiff :Cumberland County V. :MORTGAGE FORECLOSURE Traci L. Yurko NO. 08-902 CIVIL TERM De f endant (s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) 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. UDRE?N1/nL?A,W OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ?? r-? * ? -' ? - ? ? ' z _ _, , ?-; , -'? (' j f .` .....r ?r ? `S ?' ~7 ` is - C? ..._i ,? [r? -G `, I i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE,.ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic =COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff :Cumberland County V. =MORTGAGE FORECLOSURE Traci L. Yurko NO. 08-902 CIVIL TERM Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 31 Scrafford Street, (Southampton Twp) Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 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 Mortgage Electronic 4708 Mercantile Drive Registration Systems, Inc. Fort Worth, TX 76137 Citifinancial, Inc. Address to Follow 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 Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 31 Scrafford Street (Southampton Township) Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 18, 2008 UDRENLAW OFFICES, P.C. BY : Own Y /J'//li,''/z.?? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE w mt? u-j - : rJ r " r E3 f t UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff :Cumberland County V. 'MORTGAGE FORECLOSURE Traci L. Yurko :NO. 08-902 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 Your house (real estate) at 31 Scrafford Street, (Southampton Township) Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $93,319.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is' postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-902 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TRACI L. YURKO (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,319.40 L.L.$ 0.50 Interest from 3/19/08 to Date of Sale 9/03/08 ongoing per diem of $19.99 to actual date of sale including if sale is held at a later date - $3,378.31 Atty's Comm % Atty Paid $166.20 Plaintiff Paid Date: 3/19/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs To be added Prothonota By: Deputy Name: CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic Registration Systems, Inc. 4708 Mercantile Drive Fort Worth, TX 76137 Plaintiff V. Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO`. 08-902 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Traci L. Yurko for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 2/1/08 to 3/18/08 Late charges per Complaint From 2/1/08 to 3/18/08 Escrow payment per Complaint From 2/1/08 to 3/18/08 TOTAL $92,181.64 939.53 78.98 119.25 $93,319.40 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. UDREN LAW OFFICES, P.C. BY: DAMAGES ARE HEREBY ASSESSED AS DATE : .3/i4/08 Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE INDICATED PRO PR HY 856-669-5400 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 200 CHERRY HILL, NJ 06003 Mortgage Electronic Registration Systems, Inc. Plaintiff Traci L. Yurko V. Defendant (s) TO: Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-902 Civil Term DATE of Notice: March 5, 2008 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE F LBT C CTION PRACTICES ACT, THIS LAN FIRM IS DEEMED TO BE A DE COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION BTAINED NI BE USED FOR THAT PURPOSE. s ar quire Stuart inneg, Esquire Lorraine ylei Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 v ATTORNEY FOR PLAINTIFF Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. =CIVIL DIVISION Plaintiff :Cumberland County V. :MORTGAGE FORECLOSURE Traci L. Yurko Defendant(s) :NO. 08-902 CIVIL TERM UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age. Residence: Employment: Traci L. Yurko Over 18 As captioned Unknown Sworn to and subscribed before me this 18th day o March, 2008. MAZ:?i Notary Public above Name: Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. .CAM STEARS MMU NMUC Of MSWiew CaombdW BOM OU/400 SHERIFF'S RETURN - REGULAR r CASE NO: 2008-00902 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS YURKO TRACI L STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YURKO TRACI L the DEFENDANT , at 1855:00 HOURS, on the 13th day of February-, 2008 at 31 SCRAFFORD STREET SHIPPENSBURG, PA 17257 TRACI YURKO by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 19.2Q .00 10.00 R. Thomas Kline .00 47.20 02/14/2008 UDREN LAW OFFICES By: day Deputy Sheriff A. D. (-) r,a -y LIJ F -{ / '-d - t UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc.. 'CIVIL DIVISION Plaintiff :Cumberland County V. :MORTGAGE FORECLOSURE Traci L. Yurko '_NO. 08-902 CIVIL TERM Defendant(s) To: Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a'Judgment has been entered g in the above proceeding as indicated below. of X Judgment by Default Money Judgment Judgment in Replevin 3/!910$ Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY_ Mark J Udren Esquire At this telephone number: 856-669-5400 b S .E d h Z 8VW 8001 ,, JJI?IHS ]"HI AO ]J?I,Jjo UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic =COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION 4708 Mercantile Drive :Cumberland County Fort Worth, TX 76137 Plaintiff V. Traci L. Yurko 31 Scrafford Street :NO. 08-902 CIVIL TERM Shippensburg, PA 17257 Defendant(s) 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: June 2, 2008 UDRE LAW OFFICES, / P.C. E hafi y'o JS, /1 JA/y,? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE c =Zk -A r, "54 _ ??r?LrIrr T{ 3 ?. -gr E UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCRBST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic 'COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff ,Cumberland County V. ;MORTGAGE FORECLOSURE Traci L. Yurko :NO. 08-902 CIVIL TERM Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 31 Scrafford Street, (Southampton Twp) Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 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 Mortgage Electronic 4708 Mercantile Drive Registration Systems, Inc. Fort Worth, TX 76137 Citifinancial, Inc. 5. Name and address of on the property: Name none Address 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 Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 31 Scrafford Street (Southampton Township) Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: May 30, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 1752 Lincoln Way East, Suite 7 Chambersburg, PA 17201 every other person who has any record lien S UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. Plaintiff V. Traci L. Yurko Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-902 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Traci L. Yurko PROPERTY: 31 Scrafford Street, (Southampton Township) Shiippensburg, PA 17257 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 3. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, Pa. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 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. EXHIBIT A ?mz N? V ? ly ? as M y uiu- a 6% N N LL. O o ?P_ is aNi 0 d W Co' Xa y O 3m ? 7 O ? Y? W ? N N a z w o a ? i h A O a C11-1 ?ow g o w a- D p ,°;1Mo aN 4 a Q waz o?om o 4uWr 7ate'-N r N O NNy ?U?W CL. w -5 Q 1"t oc 3 W o JC4 ???ND- c Nyp E ? uiNQK?NO-? ti tom? a 2 ?' Z O W 0 4 SO. v 5 ?j r az ?a c? O J N 0ww''QNva-? W7- _ aNi Z? Ut704"XhN-Z ?? OR z O?u0 W.01 Q d 2s-52 oS? o 0 a7 i v U O O a'a a o mas'???o ?!? m o0 ao ? EmONm? X a ? ` E ?`l? 017 m p m m 0 ? m ? m C W m s O m m _? m N m G T 0 mc? c£? a m E -'? c ,4}uy] rr?? L w`. ?'S0 m o as o c m _ m? m°Q?j? E Smmw?R m u sit m?°$n-c m o ? ?6a N ? 0 0 °,?.c m oo? c$ m m m G to-is ?$ a m°rn t??E? r i t0 01 .0 m Pz ? - N tD U) W G N th J r SO ° Q w 0 Z -11-11 ai H O H IP% m m E A m 1 U s, m go ?o M1 $' io oa r 0:11-11-As a o c .$ O J ,34 m r, m w r r cn M tt) ? 0 w a lT A s O O O O O 7 .J .v C3 C7 C G ci: c_ -21 C. W Ml COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which MORGAN STANLEY ABS CAPITAL INC MSAC 2007-HE3 TR is the grantee the same having been sold to said grantee on the 3RD day of SEPT A.D., 2008, under and by virtue of a writ Execution issued on the 19TH day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 902, at the suit of MTG ELECTRONIC REG SYSTEMS INC against TRACI L YURKO is duly recorded as Instrument Number 200835951. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A/ _day of 1? ?, A.D. 021 Recorder of Deeds Hy=. CumarWW County Cwkb. PA µY EN"* dM Fiat Mwd@y 0f Jm. 2010 1 Mortgage Electronic Registration Systems Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Traci L. Yurko Writ No. 2008-902 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2008 at 0933 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Traci L. Yurko, by making known unto Traci Yurko personally, at 31 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 03, 2008 at 1621 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Traci L. Yurko located at 31 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Traci L. Yurko by regular mail to her last known address of 31 Scrafford Street, Shippensburg, PA 17257. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on-Sipk nbe.,,-,3, tat at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of Deutsche Bank National Trust company, as Trustee for Morgan Stanley ABS Capital Inc. MSAC 2007-HE3. It being the highest bid and best price received for the same, Deutsche Bank National Trust company, as Trustee for Morgan Stanley ABS Capital Inc. MSAC 2007-HE3, of 4708 Mercantile Drive, Fort Worth, TX 76137, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,000.57. Sheriffs Costs: Docketing $30.00 Poundage 19.42 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 40.00 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Share of Bills 17.64 ? Distribution of Proceeds 25.00 ?l Sheriffs Deed 49.50 , v $ 1,000.57 ? it/v 4/b 8 Patriot News 338.51 PA1111- So Answers: ; - "A R. Thomas Kline, Sheriff BY -I I Real Estate rgeant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE SID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE,-ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003=3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff ::Cumberland County V. €:MORTGAGE FORECLOSURE Traci L. Yurko -NO. 08-902 CIVIL TERM Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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:. 31 Scrafford Street, (Southampton Twp) Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 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 Mortgage Electronic 4708 Mercantile Drive Registration Systems, Inc. Fort Worth, TX 76137 Citifinancial, Inc. Address to Follow ft. 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 Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 31 Scrafford Street (Southampton Township) Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 18, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic ':COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff ::Cumberland County V. ;MORTGAGE FORECLOSURE Traci L. Yurko :NO. 08-902 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Traci L. Yurko 31 Scrafford Street Shippensburg, PA 17257 Your house (real estate) at 31 Scrafford Street, (Southampton Township) Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on September 3, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $93,319.40, obtained by Plaintiff above (the mortgagee) against you. If the sale is' postponed, the property will be.relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVBN.IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 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 856-669-5400. 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, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL the Following descrlbed.raatl ate, ft*hor with WWOv=cA#s thcrean, lying m d being situate in s pton Townsh ? -Cunberland County, Pftnnsylvarda, more Partiaalariy dcsc+cibed m follows: $EamlNe as a stake on fim of Lot 15 now or formerly of Ralph A, Smuffir 1; theam along the rixtlaly side of a 40 Exit wide street, known es SM&I'd Suvdt Nm* 67 dogceas 30 tninutas Eaat a dimnce of 60 fact to .'Lot 17 on acid plan; tbmm Nord 22 do 30 adnutm Went u14ttS the dividing lime betty= Lots 16 and 17 on. said plan, a dis=ce of 118.43. fact to lands now or fore aly of H.W. Gown= haim thence by the same, South 67 dogs 30 minamm Nest a distance of 60 feet to Lot 15 on plan or lots harcimft m • to= slung Lot 15, Smr& = duress 30 minmu Bm a distance of It 8.43 fat to Scraff`ord Sm% the plam of beginning, having thereon erected a om and onc4mK story Sao dwelling house, SMN13 Lot 16 on plea of lots laid out for Mph A., Scraffozd, Pmmm* to propmV survey of T.L. Emdck. RPE, Pa 222$, and 10t layout lay John X A*ertom. RFE, Pa. 2602, recorded in Plan Book 5, Paige 18. BEING KNOWN AS: 31 SCRAFFORD STREET (SOUTHAMPTON TOWNSHIP) SHIPPENSBURG, PA 17257 PROPERTY ID NO.: 39-35-2388-004 TITLE TO SAID PREMISES IS VESTED IN TRACI L. YURKO BY DEED FROM JOHN YURKO DATED 3/28/03 RECORDED 4/19/03 IN DEED BOOK 256 PAGE 2372. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND). NO 08-902 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TRACI L. YURKO (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 enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,319.40 L.L.$ 0.50 Interest from 3/19/08 to Date of Sale 9/03/08 ongoing per diem of $19.99 to actual date of sale including if sale is held at a later date - $3,378.31 Atty's Comm % Due Prothy $2.00 Atty Paid $166.20 Other Costs To be added Plaintiff Paid Date: 3/19/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 Real Estate Sale #11 On May 2, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA s Known and numbered as 31 Scrafford Street, Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 2, 2008 By: W?C?/dkv Real Estate Sergeant 8s .E d nz m NU 3312i3NS ' 'i. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 20T 0 REAL WrATIZ no. i l Writ No. 2008-902 Civil Mortgage Electronic Registration Systems, Inc. vs. Traci L. Yurko Atty.: Mark Udren ALL the following described real estate, tether with im kts thmVM, ring and being situate in Southampton Township, Cumber- land County, Pennsylvania, more particularly described as follows: BEGINNING at a stake on line of Lot 15 now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street, known as Scrafford Street, North 67 degrees 30 minutes East a distance of 60 feet to Lot 17 on said plan; thence North 22 degrees 30 minutes West along the dividing line between Lots 16 and 17 on said plan, a distance of 118.43 feet to lands now or formerly of H.W. Geesaman heirs; thence by the same, South 67 degrees 30 minutes West a distance of 60 feet to Lot 15 on plan of lots hereinafter mentioned; thence along Lot 15, South 22 degrees 30 minutes East a distance of 118.43 feet to Scrafford Street, the place of beginning, having thereon erected a one and one-half story frame dwell- ing house. BEING Lot 16 on plan of lots laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, RPE, Pa. 2228, and lot layout by John H. Atherton, RPE, Pa. 2602, recorded in Plan Book 5, Page 18. BEING KNOWN AS: 31 SCRAF- FORD STREET (SOUTHAMPTON TOWNSHIP) SHIPPENSBURG, PA 17257. PROPERTY ID NO.: 39-35-2388- 004. TITLE TO SAID PREMISES IS VESTED IN Traci L. Yurko by deed from John Yurko dated 3/28/03 recorded 4/19/03 in Deed Book 256 Page 2372. 'qpqLrhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14f Patriot News Now you know CARLISLE PA 17013 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 J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily sand/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and This ad ran on the date(s) shown below: :ore,, me his 'y August, 2008 A.D. Notary Public 07/23/08 07/30/08 08/06/08 COMMONWEALTH OF pMN8YLVANW NOW S& NaftyPu* *t'x+too" "OUZON 1 ber, AlaN Real Estate Sale No. 11 Writ No. 2008-902 Civil Term Mortgage Electronic Registration Systems, Inc. VS Traci L. Yurko Attorney Mark Udren LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon, lying and being situate in SouthamptonTownship, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stake on line of Lot 15 now or formerly of Ralph A. Scrafford; thence along the northerly side of a 40 foot wide street, known as Scrafford Street, North 67 degrees 30 minutes East a distance of 60 feet to Lot 17 on said plan; thence North 22 degrees 30 minutes West along the dividing line between Lots 16 and 17 on said plan, a distance of 118.43 feet to lands now or formerly of H.W. Geesaman heirs; thence by the same, South 67 degrees 30 minutes West a distance of 60 feet to Lot 15 on plan of lots hereinafter mentioned;1hence along Lot 15, South 22 degrees 30 minutes East a distance of 118.43 feet to Scaafford Street, the place of beginning, having thereon erected a one and one-half story frame dwelling house. BEING Lot 16 on plan of lots laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, RPE, Pa. 2228, and lot layout by John H. Atherton, RPE, Pa. 2602, recorded in Plan Book 5, Page 18. BEING KNOWN AS: 31 SCRAEFORD STREET (SOUTHAMPTON TOWNSHIP) SHIPPENSBURG, PA 17257 PROPERTY ID NO.: 39-35-2388-004 TITLE TO SAID PREMISES IS VESTED IN TRACI L. YURKO BY DEED FROM JOHN YURKO DATED 3/28/03 RECORDED 4/19/03 IN DEED BOOK 256 PAGE 2372.