Loading...
HomeMy WebLinkAbout04-0331IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION FORUCFC LOANTRUST 1998-A, NO.: Oq -- ,-~'~ l I'O~, Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, ISSUE NO.: TYPE OF PLEADING Defendants. You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF A FTORi~C/ttS~ FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive, Suite 200 Irving, Texas 75038 AND THE DEFENDANT IS; 5 Texaco Rd. Mechanicsburg, PA 17050 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Silver Sprin.~ (CITY, BORO, TOWNSHIP) (WARD) ATTOI~<~_F.Y FOR PLAINTIFF CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE CODE - FILED ON BEHALF OF: Bankers Trust Company of California, N,A., as Trustee for UCFC Loan Trust 1998-A COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. CIVIL DIVISION NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 ajudgment 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. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 1 800 990-9108 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. CIVIL DWISION NO.: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A with a place of business at 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038. 2. The Defendants Raymond L. Miller and Tummy L. Miller, individuals whose last known address is 5 Texaco Rd., Mechanicsburg, PA 17050. 3. On or about January 13, 1998, Defendants executed a Note in favor of United Companies Lending Corporation in the original principal amount of $46,000.00 ("Note"). A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 13, 1998, as security for payment of the aforesaid Note, Defendants made, executed and delivered to United Companies Lending Corporation a Mortgage in the original principal amount of $46,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 22, 1998 in Mortgage Book Volume 1427, Page 843. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. United Companies Lending Corporation assigned all of its fight, title and interest in and to aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest on said Note when due. Defendants are due for the July 1, 2003 payment. 8. On or about September 3, 2003, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendants a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. § 101, et seq., as a result of sending the Act 9l Notices. 10. The amount due and owing Plaintiffis as follows: Principal Interest to 1/16/04 Late Charges to 1/16/04 Escrow Deficiency to 1/16/04 Corporate Advances Title Search, Foreclosure and Execution Costs Attorneys' fees $34,656.92 $ 1,984.06 $ l 5.00 $ 182.42 $ 125.15 $ 2,500.00 $ 800.00 TOTAL $40,263.55 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $40,263.55, with interest thereon at the rate of $14.01 per diem from January 16, 2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kristlne M. Anthou, Esquire Pa. I.D. #77991 Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" Loan ~o: 034401055037 l~Ov~r: P~AYMOND L ~OTE MBC~.ANICSBURO PENN'SYLVANIA 21 PINEHL!..L AVE L BORROW~R'~ PROMI~I TO PAY la return for a loan that I trove UN~ ~ ~D~O ~O~. ~t ~11 ~ ~d on un~ p~ um~ t~ at s ~tb I ~1 ~ ~ ~m~ ~ ~ ~ ~t ~ of~ ~& ~ on ~ h ~- I ~ ~ ~ ~ ~ pa~ My ~n~ pny~t will ~ · BO~O~S RIG~ ~ PR~AY I ~ ~ ~G~ ~ ~ FA~ O~ P~ ~ ~ ~ N~ · N~ P~A~, ~ ~ ~ NO ~G~ ~ ~ ~A~ ~Y ~U~ ~ ~O~ O~ ~ ~ P~ ~A~. HO~ ~Y BE O~ ~ ~ ~ ~ or other ~ ~r~ ~t~ or ~ (A) ~r ~ (a) ~ if i ~ ~t ~ t~ f~ a~ ~ ~ ~t on ~ ~te it ~ ~ I ~ ~ ~ ~ ~) ~o w~ By ~ ~ ~ ~ ~ No~ H~r ~ s~ ~ ~ ~ to ~ ~ ~1 am ~ ~u~ at a ~ l~- If ~ Nme ~ ~ ~u~ I I{{{{ Illll l! l{~ Ill Ill Ill I1{ I{ I1 I{111 i il III Ill {l{I l{ { ?. GIVING OF NOTICES ..~~..~ ...................... (Seal) NOTICE TO A~IGNKR NOTICe: This is ii mortgage subject to special rules uader the federal Tr~th in Lending Act. purchasers or assignees of tills mortlgagn could he liable for all ciaims ami de~enses with respect to the mortgage that ';he borrower could assert aga~l the c~Utor. Psy to the order of Bankers Trust Company of Colifor~is, N.A., is custodian or u'ustee under the applicable custodial or trus~ Tkle: Vice President RAYMOND MILLER 01 / 13/98 PA 03440105eo037 LOaQ No: Borrower: RAYMOND L. MILLER Tax Parcel Identifi~aiion Number: Return to: UNITED COMPANIES LENDING CORPORATION® ?5O E. PARK DRIVE HARRISBURG, PA 17111 [Spa~ ~ This ~lne For ~ MORTGAGE NOTICE TO ASSIGNEE NOTICE: This is a mortgage subject to special rules under the federal Truth in Lending Act, Purchasers or assignees o[ this mortgage could be liable for all claims and defenses with re. spca to the mortgage tha! the borrower could assert alalnst the credllor. THIS MORTGAGE ("Security Instrument") is g~.en on the 13th day of January, 199~. The morton/or is RAYMOND L. MILLER AND TAM'MY L. MILLER , HUSBAND AND WII~, AS IOINT TENANTS WITH RIGHT OF SURVIVORSHIP whose addross is 21 PINEHILL AVE. MECHANICSBURG, PENNSYLVANIA 17055 ("Borrower"). This Security Instrument is/ivan to UNrrBD COMPANIES LENDING CORPORATIONe. A CORPORATION, wMch ~s organized and existing under the isws of thc State of LOUISIANA, arai whose address is 4041 ESSEN LANE, BATON ROUGE, LOUISIANA ?0SO~ ("Lender"). Borrower owes Lender thc principal sum of FORTY-SIX THOUSAND and NO/10~----Dolinrs (U,S. $ ,ie,O/}O,~O), This debt is evidenced by Borrower's note dated the sarnc date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, duc and payable on February 1, 2010, This Security Instrument secures to Lender: (a) the repayment of the dcbt evidenead by thc Note, with inter.t, and all renewals, cx~mioes and modiflcatiorts of the Note; (b) the payment of all other sums, with intcrnst, advanced under pnra/raph ? to protect thc security of this Securii~ Instrument; and (c) tile patformancc of Borrower's covenants and a/rccmcnis under this Security Instrument and thc Notc, For this p~, Borrower does hereby moo/age,/rant and conv~ to Lender the following described property located in CUIVIB1/RIAND County, Penn. Ivan/a: SEE LEGAL DESCRIPTION ATFACHED HERETO AND MADE A PART I-IBREOI~ MOBILH./IdAHUI;AC-'IW.J~EI) I-IOMB DESCRIPTION; 19'79 REDMOND 1575257 SWIDE Borrower, being the true and lawful ownar of record of the Mobile Home hein/mort/a~cd with the property, declares that it is Borrower's intont thai; the mobile home lose its nature as penonalty and bccomc realty. Borrower fluther daclares that the mobile home shall remain pcrmananti!/ attached ns a part of the real property and will not bc removed therefrom. PENNSYLVANIA. ~ F,w, ly.~ou~,,r, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~i~~~~~~~~~~~~~~~~~~~~~~~~ ~440'~0 55037 which has ~he addre~ of 21 PINEHILL AVE, i~.~tl... .MF~N1CSBURO, p~nmylvania ~7~,l '~ ~ ' ("Pro~ ~ W~ a~ t~ i~m~n~ ~ or heater er~ on ~ pm~r~, a~ ~1 ~ts, appu~e~, ~ f~t~ n~ or ~ a p~t of ~ pmp~. ~ ~ph~m~n~ ~ addfiom s~ a~ ~ ~ by ~ ~urity ~a $~ I~ ~ ~ ~ms for na~l ~ ~d ~-~rm ~n~ ~th ~i~ v~fio~ ~ j~n to ~m~ote n ~ ~fi~ im~t ~ng real pm~r~. U~ ~ ~r ~d ~ ~t ~d ~ as ~: L P~m of ~ and ~ ~t ~ ~m ~ ~ sMH p~y ~ ~ ~ ~ ~ ~y ~ ~ ~ ~ ~ ~ ~ t~ N~e ~ ~ ~ ~ a sum ~ ~r: (a) ~ ~ md ~s~n~ whi~ my atmM p~l~ ~r ~ S~rity Im~t as a lien on ~ Proart; (b) ~rly ~ ~ premtu~ ff a~ (e) ~1~ m~o Msumn~ ~r~tu~, ff any; and (O ~ny su~ p~able Bo~ ~o ~n~r, M a~ ~th ~e pro.iota of p~a~ph 8, m heu of ~e paint of me.gage ~urs~ proud. ~e 'it~ am ~ '~ Ite~." ~n~r my, at ~y t~, ~ a~ ~M ~n& M an mum ~t to ~ ~ ~ ~ a ~ ~ a ~y ~ ~R~ ~ ~ ~u~ ~r ~'s ~ ~t under ~ f~rM R~ ~ta~ ~t~nt ~o~ A~ of 1~4 ~ ame~ ~om ~ ~ flm~ 12 U~.C. ~ 2601 et ~. ('R~PA'), ~s ano~r ~ ~t appl~ ~ ~ F~ se~ a ~ amo~t. If m, ~r ~y, at any ti~, ~l~t aM hoM ~ ~ an taunt ~t Io ~ ~e ~r amount. ~n~ my ~fl~ the amoum of ~nds due ~ ~ b~ of ~t ~m ~ ~ m~ of ~ d~ ~ l~ ~ ~e ~th appli~b~ (Mdu~ ~, ff ~ ~ such ~ imtitu~n) or ~ a~ ~ Ho~ ~ ~ ~r shaB app~ ~ ~ to ~ke~ a ~ H~, ~r ~ ~~ W ~y a ~char$ for. ~m ~t ~m~ ~ ~ ~ ~ ~ ~ ~ w~n ~h ~ ~, ~ app~ o~ U~ an ~t ~ ~ or app~ble hw ~ui~ lnt~t ~ ~ p~.~ s~ll ~t be ~ to po Bormer a~ M~t or ~m~ on ~e ~&. Bo~r a~ ~r ~ a~ m ~ ~r, ~at M~t ~on~ ~~~,~ut~~~of~ ~ a~ ~i~ ~ ~ ~ a~ ~ pu~ ~r w~ ~h ~ m ~ ~ ~s ~de. ~e Funds as a~i~ s~ br all au~ ~ ~ ~ ~riF ~ment Bor~ ~r ~ ~s ~ ~ a~ ~ t~ ~u~ts of appli~ble ~. If tho ~ount of ~ ~n~ ~id M such ~ ~r ~ pay m ~ t~ ~ount n~ to ~ke ~p t~ ~f~. ~r s~ ~ up the ~i~ M ~ rare t~ t~ mon~ pa~n~, at ~r's role d~n. Upon ~nt tn Mil of all s~ ~ ~ t~ Se~ Imt~l, ~nfi~ s~ll prompt~ mfu~ to Bo~w~ a~ ~ ~M ~ ~r. If, u~ ~r~ph 21, ~ s~ acq~ or ~ the Pw~ny, ~r, ~u~it~n or ~ of ~ Pro~, s~ app~ ~y Fu~ hem by ~n~ at ~e time of a~i~n or ~le m a c~it p~aBrap~ I e~ ~ s~ be app~ ~t, ~ any p~nt ~ d~ ~ ~c Note; ~ to a~ts u~r ~r~aph ~ t~ ~ Mt~t d~ fou~ to prat d~; a~ ~ m ~ ~ ~ d~ un~r ~ Not~ { ~ l~ns. ~ ~H ~y aH m~, a~n~, ~, ~ and ~it~ at.barbie P~p~ w~ ~ at~ p~flty ~ t~ S~ty Imminent, ~d ~M pa~n~ or ~o~ r~, if any. Bo~r s~ ~y ~ obH~tbm iu ~ ~r p~ M ~m~ph ~ or ff ~t ~ in t~t ~r, ~c~r ~ pay ~m oa ~ ~ m ~ ~n ~ ~t ~z~ s~ p~mp~ ~h m ~r ~ ~t~ of a~ m ~ ~ u~ t~ ~p~ If ~r ~ t~ ~ ~, ~r s~ pmmp~ ~mbh to ~r ~lp~ ~ ~ ~. 8~ ~i~ t~ ~ ~, ~ ~ a~tmt ~ ~ ~ l~n M, ~1 p~ w~ m the ~'s (Pa~e 2 ~.? Page) S4401055037 ALL THAT CERTAIN tract of land situate in the T°wnship of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the corner of Lot No. 52 in the Plan of' Lots hereinafter mentioned; thence alon§ the line of said Lot No. 52, South 33 degrees 48 minutes East, one hundred fifty (150) feet to a point; lhence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12. minutes West, one hundred (100) feet to a point at the corner of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) I'eet to a point at the corner ol Lot No. 52 al'oresaid, the place BEGINNING. BEING Lot No. 53 in the Plan of Lots of White Birch Farms Development, Tracl No. 2, as recorded in the Recorder's Office in and I'or Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home with a permanent l'oundation. BEING THE SAME PREMISES which Barry A. Myers, married man, by deed dated August 3, 1993 and recorded August 17, 1993 in the Recorder of Deeds in and for Cumberland County, PennsyJvania in Deed Book L, Volume 36, Page 1008 granted and conveyed unto Barry A. Myers and )udy K. Myers. Loan Igo: 0~4401055037 8440'105b~, ll'c Data ID: 927 S. }lazard or ]Prop~l~ lnsuran~ Borrov~ shall la~ the ~ ~ ~fi or ~ e~ on tb~ Pro~y imur~ a~imt ~ ~ ~, h~ ~lu~ ~in t~ term '~n~ mv*m~" ~ ~y o~r ~, ~1~ ~ or ~ ~r ~h ~ ~ ~ ~ ~ s~ ~ ~ ~ ~ ~una and for t~ ~ ~t ~r ~u~. ~ imUr~ ~r p~ ~ ~m~ s~ll ~ ~n ~ ~rr~r subject m ~n~r's appr~l ~ s~R ~t ~ ~b~ wit~. If ~r ~h to m~m~ ~m~ ~ a~, ~r ~y, at ~r's op~ obm~ ~ m pm~ ~s ~ ~ ~ Pm~y ~ ~ ~ ~ph 7. M~r s~ ~ ~ ~t m ~g ~ ~ ~ r~. ~ ~ ~u~, ~ s~ ~t~ aR r~pm o[ pa~ pm~ a~ ro~ mt~ ~ the ~nt of ~, ~r s~ ~ prompt imura~ ~rr~r ~ ~n~r. ~ my ~ pmo~ of ~s ff no~ ~ promptly ~ Bo~r. U~s ~ a~ ~r o~ ~ ~ ~, im~ p~ s~ll ~ a~l~ to r~mm~u or If the r~tora~on'or m~ g ~t ~nom~ ~ or ~s s~ would ~ ~, sMR be appl~ to t~ su~ ~ ~ ~ ~ ~tr~t, ~t~r or not ~n d~ with a~ ~s paid to ~n~..If ~ a~ ~ ~, or ~ mt ~ ~ ~ ~ a m~ ~m ~r ~t ~rl~ ~ ~ to set~ a ~ ~n ~r ~y ~ the ~ p~. ~ my use t~ pm~ to repair or r~mm t~ Pmpe~y or m pay sum ~ur~ ~ ~ ~ Imtru~nt, w~ther or ~t then due. ~y p~d wffi be~ w~n t~ nol~ ~ ~m U~s M~r a~ ~rro~r ot~e ~ in wrifin$ any app~fion of p~ to prim~ shaR not ~tend or p~t~ne the due ~te of tb~ mnth~ paints re~rr~ to in p~a~p~ 1 and 2 or ~e the ~ount of the pa~onm. If under para,apb 21 ~ Pm~r~ g a~uk~ by Mnder, Bo~r's ~ght m a~ ~mur~ ~li~ and pm~ r~ting ~om ~m~ to t~ ~ p~r to ~ ~u~itbn s~R p~ m ~r to s~u~ ~ t~ S~ty Im~nt ~t~y p~or to tb~ ~ugitiom g O~u~n~ P~ ~mnan~ and P~on o~ ~e Pm~ ~s ~ Appll~o~I ~holds. Borrower s~I ~py, mmb~g ~ use ~ Pro~ as ~r's p~ for at ~t one ~r af~ t~ ~g of ~u~, ~ ~n~ o~ a~ ~ ~, w~h m~nt not ~troy, damge or impair the Property, al~ the Pro~r~ to ~teriorate, or mmmit wa~ on the Pro~rty. ~Rh jud~ent ~u~ r~ult ~ ~ffeitum of ~ Pm~ny or othe~ ~ ~p~ the ~n ~t~ Imtr~nt or ~er's s~ri~ ~t. B~r my rare such a ~uR av~ m~, m pr~ ~ ~mgraph 18, by mmi~ t~ action or p~g m ~ ~ ~ a ru~ t~h ~ ~n~ffs g~ ~ demrmi~n, p~ f~iture of ~e Bo~'s ~t ~ t~ ~ or o~ ~er~l im~t of ~ I~ ~t~ ~ ~ ~rity Im~u~nt or ~r's ~r~ ~[ Bo~r s~ ~ ~ ~ ~ua ff ~r~r, dur~ t~ 1~ app~tion pro~, p~ mte~y ~he or ~rate i~o~n or smt~um m ~r (or ~ m proc ~n~r ~th any retell ~omt~n) m ~on ~th ~ 1~ ~ ~ ~ Note, i~u~ but ~t ~t~ Borm~ s~ ~mp~ ~ ~ ~e pr~iom of ~ ~. ~ ~r ~ ~ ti~ m t~ ~opor~, the ~s~old ~d t~ f~ t~ s~ ~t ~rge un~ ~ a~ m t~ ~r~r in ~i~ mntai~ in ~ S~rity Imtrmh or ~ ~ a ~1 p~ ~t m~ s~mn~ ~ Mn~ffs r~m in Pro~ (s~ ~ a pr~ ~ ~n~, p~m, ~r ~n or ~ or m ~ t~ ~r my ~ ~ pay ~or w~ g ~ to prot~t t~ val~ of tM Pm~ny ~ ~'s ~ a the ~p~ty. ~s a~ ~ ~ ~8 ~ s~ ~ ~ a ~ ~ ~ ~ ~ ap~ ~ ~urh ~ m~b~ ~l~rn~' ~ ~d en~8 pn tho ~pe~ m ~ m~ ~u~ ~r my ~a~ a~ u~er mm pa~aph 7~ ~r ~ not ~ to ~ m. ~ a~ dgbu~ ~ ~r u~r ~ p~ph 7 s~ ~ a~ml ~bt of ~ s~ by ~u~ti~ ~ app~ ~ ~r. If ~u~l~ ~u~t ~n~ imum~ ~ h ~t ~b~ ~r~r s~R ~y to ~r ~ mn~ a am ~ml m o~ of ~ ~ mo~ imum~ p~m ~ ~ ~ ~r~r 1~ r~ ~ l~u of m~ imm~ ~ r~ ~n~ my no Baser ~ r~u~ at ~ op~a of ~n~r, t~ ~ ~ (~ ~ ~ ~ ~r ~ ~ ~t ~~) ~ ~ ~ ~ a~ im~a~ ~ ~, or to p~ a ~ ~ ~1 t~ ~nt for ~rt~ imum~ my ~ttea a~mnt ~ ~r a~ ~ or app~ ~w. 9. Inap~lom Lender or its agent may make reasonable entries upon and inspectiom of the Property. Lender sbell give Borrower notice at the time of er prior to an inspection Sl~iag reasonable cause for tha impection. 10. Condemualiom. The proceeds o[ any awsrd or ctaim for c~, direct or consequential, ia connection with any conderanation or other taking of an~ past of the Property, or for cora, q~m:e in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total takia~ of the property, ~ pmcecds shall be applied to the sums secured by this Security Imtrumont, whether or not then due, with any ns~ess paid to Borrower. In the event of a partial taking of the Property ia which the fair market value of tha Property immediately before the .taking is equal to or ~roater than th~ amount of ia va'itin& the sums secured by this Security Instrument sl]all Be reduced by the amount of the proceeds multilgied by the folDwiog fraction: (a) the total amount of the sums secm~ ~!ely before the taidn& clivided by (b) the fair market value of tile Property ifllmediately bofa.re the takk~. Any balance shall .be pal.d, to Borrower. In ~ v~.ent of a partial taking of the Property ia which the fair market value o.f the Property immex~ately before tbe taking m .1~ than the amount of the sums secured immediately before the takia& unk~s Borrower and Lender othazwise agree m writing or unless appllcubl~ law otherwise provklns, tho proceeds shall be applied to the sum~ secured by this Security Instrument whether or not the siam are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the conderanor offers to make aa award or settle a claim for damages, Boi:i~ver fails to respond to Lender within 30 days after th~ det~ the notice is givez~ Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Insh"umm~, whether or not then due. Unless Lender and Borrower otherwise, agree in writing, any application of pretexts to principal shall not extend or postpone the due date of the monthly payments roferrett to in paragraphs 1 and 2 or change the amount of such 11. Bo~ Not Releasedi forBeanmee By Le~der Not a Wa/ver. l~xtansion of the time for payment or modification of amortization of the sums secured by this Sectw~ Instrumant ~'antod by Lend~ to any successor ia interest of Borrow~ shall not operate to leleese the llabl~ of the ~ Borrower or BOlTOWer'S SUCCasSOtS lin tntor~t. Lender shall not be required to commence proceedtn? a~ainst any suc~4~or in interest or refuse to extend time for payment or otherwise modify amorgzation of the sums mxmred by this Security Imlrument by reason of any demand made by the original Borrower or Borro~a,er's succesm~rs in iaterest. Ajly ~ by Lend~ ia e~ any right er remedy shall not be a waiver of or preclude the t~rcise of any right or remedy. 12. Successor~ ~md Asslpm BoundI Joint and Several Llability~, Co-slpl~rs, The covenants and ngrecmems of this Security Instrument shall bind and Benefit th~ succe~on and assi~s of Lender and Borrower, subject to the provisions of paral~mph 17. Borrower's covenants and agreements shall be joint and sev~al. Any Borrower who co- si~t~ this secu. rity Instrument but does not e~ecute the Note: (a) is co4i~ing this Security Instrumsnt om'y to mortgage, p~at ami amvny that Boneq~r'~ iame~ ia the Property under the tenm of this Security lnstmmant; (b) is not personally obligated to pay the sums imcured by this Security Instrumelat; attd (c) a~rees that Lender and any other Borrower may a~rec to exteed, modify, forbear or make any accommndations with replrd to tha terms of this Security Ir~hument or the Note without that Borrower's consent. 12, Lmm Cluc,~m. I~ the ~ maned 'q, this Security Instrument is sub, S to a law wl~ca sets maximum loan' char~, and that law is finally interpreted se that the interest et other losn charges coliected or to be collected in connection with the loan ¢:xceed the permlttod limits, then: (a) any such loan charge shall be reduced by the amount ~ to redt~ce the char~ to tbe permitted limit; and (b)any sums already collected from Borrower whicl~ e~:eede, d permitted limits will be refuade4 to Borrower. Lender may choose to make this refund by reducia8 the principal owed under the Note or by making a direct payment to Betrayer. If a r~und reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Natl,. Any notice to Bah'ewer provided for in this Security Instrument 6hall be given by delivering it or Pro~ Address or any other ~ Borro~r first ¢!_~ marl to Lender's eddregs stated berein or any other addr~s Lender desisnate~ by notice to Borrower. Any notico pl'~ ~or ia this securit~ Instrument shall be deemed to have Been given to Borrower or Lender whan jurisdiction ia which th~ Proporty is located. In tl~ e~ant that any pm'~ion or clause of this Secm-ity Instrument or tha Nnt~ conflicts with applicabia law, such conflict shall not a~ other provisions of this Security lnsh"umant or the Note which can be ~ ~ffect without tl~ cont~icfinS provision. To this end the provisions of this securit~ Instrument and thc Note are declared to be se~aSlc. 1~, Bor~s Copy, Borrova~ ~ be ~ or~ cor~ copy of ll~ Note and of this Seo. trity Instrument. IT, Transit of the Proport~' or o Beneficial Inter, at ~ Borcow~r. If all or any part of the Property or any interest ia it is sokt or transf~r~:l (or if a bene. ff~ial intorcst ill Borrower is soid or transferred and Borrow6r is not a natnral p~-,,ofl) without Lender's prior written consent, Lender may, at its option, require immediate pa!~r~nt ia iull of all sums secured by th~ Security Instnml~nt. prohibited by £nderal law as of the date of this Security Instrument. If I.~r exer~ this option, Lender shall ~ Borrov~r notico of accoteration: Tl~ notice shall provide a period o~ l~ot less than i~ days from the date thc notice is del/v~'c~l o1' nmil~ withisl which Borrov,~r must pay all sums r~ by this security Instrument. If Borrower fails to pa}, tl',es~ sums prior to tBe c~'piretion of this period, I-,triller · may im, oke any r~n~ porndtted by this security Instrument without further notice or demand on Borrower. 8440105503 Loan No: 034401~$~037 ;' ~ 4 4 0 ~ 0 5 5 0 ]~ 7 Data ID: ~7 m app~b~ ~w ~y s~ for reimta~nt) b$~ ~ of t~ Pro~r~ pu~uam to ~y ~r of ~¢ ~nmMed ~ S~uri~ ~tm~m; or ~) ~t~ of a j~t o~o~ th~ ~fity Im~t, ~ ~m ~e t~t Bo~ower: (a) pe~ ~or a~ au~ w~h ~n ~uM ~ due u~r ~ ~riF ~tru~nt a~ t~ No~ ~lerat~n ~d o~r~ (b) c~ ~y ~uR of any o~er ~e~ or a~men~; (c) pa~ all ~m~ Mcu~ ~g ~ ~fi~ ~ ~ but ~t ~ ~, ~mb~ at~' ~ of up ~ $~ ~ (d) and ~rm~r's ob~on W ~y ~ $u~ ~ ~ ~ S~ri~ Imt~t a~ ~n~uo u~n~ Upon no a~n ~ ~ H~, ~ ~t m m~mte s~H ~t app~ M ~ ~ of ~n u~ ~ph 19. Sale of N~ C~ ~ ~ ~. ~ Note or a ~1 inter~t M the Note [mge~r wi~ t~ S~uri~ Imtr~ent) ~ ~ ~ o~ or mom ~ ~ut prior noti~ to Bo~r. A sa~ ~y rmult M a c~nge in ~e enfi~ (kn~ m ~ ~ ~) ~t m~ ~ntMy paymo~ due undor t~ No~ and th~ ~tru~m, There a~o ~y ~ o~ or ~ ~ of t~ ~an ~ u~eMt~ m a ~ of t~ Note. a~of~~,~~t~of~a~~ph 14 and appii~blc Mw, ~o ~tl~ ~l state the ~e ~d a~r~ of the n~ ~ Sew~ ~ ~e addr~s to w~ch pa~n~ s~uld ~ ~. T~ ~t~ ~ ~o ~n~in a~ o~r Mfor~fion r~uired ~ appl~ble 20. ~do~ 8u~. Bo~er ~ not ~ua~ or ~mit the p~n~, ~e, ~posaL sto~, or of ~y H~m Subs~ on or M ~ Pro~, Border ~ ~t ~, nor a~ a~ne e~e to ~. any~ing pr~e~, m~ or ztora~ on the Pm~r~ of ~1 q~t~ of ~rdom SuMm~ ~t ~ 8e~ral~ ~ to be approp~te m noel r~i~mM1 ~ a~ m ~Mt~ of the P~ty. Borer s~ promptly $~ ~ ~tm no~ of any in~ti~ cMim, de~d, ~t or o~r by any go~m~nml or r~guMW~ a~ or p~te pa~ ~Mng the Pro~ a~ a~ H~ Substa~ or ~Mto~ au~fily, t~l any r~l or o~r mm~n of ~y ~m Su~ aff~ the Pm~rW n~a~, ~er s~U prompt~ m~ aB ~ re~ actiom M a~Ma~ ~ E~enml ~w. ~ used M t~ para.apb ~, "~r~m Subsmn~" aro ~ su~mn~ ~ ~ t~ic or ~Mous su~m~ ~ E~ton~nt~ ~w ~ t~ ~n$ suM~: ~o~e, k~, ot~r ~ble or t~c ~tmleum proud, m~ ~t~ ~ ~, m~ ~, mte~ ~nta~n8 m~ or for~, ~ ~act~ Pro~rty ~ loot~ t~t m~te ~ ~lt~ s~W or ~m~ml prot~io~ Nos-U~ ~ ~ ~d ~r ~r ~e~t and ag~ a~ ~: b~ ~,~ ~ven~t or a~ent In ~s ~ lns~t ~ut not ~or m ~n und~ ~aph 17 u~s appll~ble l~ p~ ~). ~er s~ll no~ Borer o~, amo~ o~ ~i~: (a) (b) ~e ~on ~ul~ m ~ ~ ~u~ (c) w~n ~e de~t m~t ~ ~; and (d] ~t faille m ~ ~e d~Mt as sp~i~ my ~uR In ~n of ~e su~ s~u~ ~ ~ ~ty [~en~ ~u~ by ~m~ ~ymmt fn ~ ~ ~ s~ ~ ~ ~ ~rl~ Ins~m~t ~t h~eF dmnd and 22. ~J~, ~n ~t of ~ sB~ ~ ~ ~ S~ ~, ~ ~ri~ l~tr~t ~tatc ~ s~ ~te ~ ~ ~ ~er su~ ~rre~, ~ s~ ~ ~d ut~ t~ ~ty Im~t ~om ~r~ ~ ~r~r. ~r s~ ~y a~ r~n ~ts. ~. Wa~. ~r~, ~ ~ ~m ~t~ ~ app~b~ ~w, w~ ~ ~ any ~r or ~s in pr~p ~ ~o~ ~ ~ ~tmmnK ~ he~ ~ ~e ~t of ~ p~t or futu~ Mm for s~y of ~n, ~m~n of ~ ~p~n ~m atm~G ~ ~ rolo, ~ ~t~d ~ the ~~ of b~g at a s~s m~ or o~r ~e p~m m ~ S~ ~nt. a~ ti~ to t~ ~o~, t~ ~ Im~t s~ ~ a p~ ~ ~n~, ~ ~t ~ ~ J~mL ~ a~ t~t ~ in~t ~ ~b~ ~ter a jud~nt ~ ente~ on ~e Note or M an ~n of ~ ~ $~ll ~ ~ rat~ p~ab~ ~m time ~ ~ u~ the Note. (P~ge 5 Of 7 P~g~) · ~. ~ ...... ..:.,, 8440'1055037 27. Agreement to Mtdiat~ or Arbitral. Ekccpt as set .~ be~w, a~ ~, ~ter~, ~pu~, ~n~ni~, and o~r ~ ~ ~tion ~ out ~ or ~ht~ to ~ ~e~on of ~t (~ "~n~ ~ ~r ~ Bo~ w~ch ~ ~e~ ~ ~ Not~ t~ S~ ~tm~nt a~ a~ o~ ~en~ ~ in ~nj~ofl ~ t~m (~ the ~ ~ s~ ~ ~D~ ~ ~ Borer ~ t~ ~. ~ m~m a ~ If ~ a~ ~ ~t a~ ~ ~ ~n of a ~tor ~r a ~pu~, t~ ~tor Bo~ ~ ~r s~ ~ch ~ s m~r ~d ~t~ ~at m~wr and t~ other ~ m~on s~ll ~ur at a t~ ~ p~ mutu~ ~nt m all pa~ ~ a ~-m~ ~id~ but no ~tcr ~ ~ ~ s~r ~ ~tor ~ ~. ~ and ~ ~ ~ ~ ~ ~ ~n ~ ~ ~ ~ ~ ~n of ~ ~ ~pute, ~ p~sib[c. ~ ~ur~l ~y, but ~ ~t ~ W, ~p~cnt Border or ~d~ at ~ m~n. ~ ~d~on ~sio~ ~ ~ p~vatc, ~ aH ~r~flon d~ d~mg t~ m~n ~ ~ ~n~ ~ m~tor may ~r~ o~er r~ for ~ ~t~, ~ of the ~lbn in~u~ t~ m~ator's [~ s~ be ~ ~ua~y If ~r ~ ~son ~e ~ ~ ~t ~mp~t~ wt~ 45 ~ ~g ~ m~tor ~ sel~, or If a~er the ~th ~ ~c~l ~Ua~ ~u~ o~ t~ ~eri~ ~bi~fion ~so~l~ men ~ c~ to me ~ent a~ow~ by appl~ble law ~t ~ ~ fo~ ~. T~ ~I~ON ~ T~ THE P~CE OF ~ COURT ~O~G ~G A ~ B~ A ~E OR A ~GE ~ ~Y. ~ ~ ~ON S~ BE CONDUCI'~ ON ~ ~U~ BASI~ ~ N~ ~ P~T OF A CO~ON OR C~SS A~ON, ~ ~ ~SLY AC~O~.~BG~ ~D AGR~ BY BO~O~ ~ L~DER ~T P~RT~ CO~ON ~ OF ~W OR FA~ ~I,I, BE ~OL~ ON SU~ ~ ~U~ ~. IF T~ ~1~ A~I~TOR OR P~ OF ~W~TOR8 8HO~ &WA~ A~ D~G~ SUCH CON~U~ PUNI~ E~Y OR ~LE D~G~ ~ ~ ~CH BO~O~ AND ' ' ~p~b~ a~ ju~nt ~y ~ ~ u~n fl ~ a~ ~ ap~b~ ~w ~ ~ ~ ~v~ ju~n ~. ~ ~ app~b~ to ~e ~tffat~n p~ ~1 ~ Sumpter A of ~p~r ~ of ~ 42 of the Pen~ ~l~t~ S~tut~. ~ a~itmto~ s~ ~ ~ ~r to v~ or m~i~ ~y of ~e p~io~ of the Bo~r ~ ~r ag~ t~t ~c m~t~n and arb~at~n p~ am ~n~l. d~ in su~ p~ ~t ~ ~ ~ su~t lit~t~n ~kh ~ r~ult ~om t~ ~pute. Bo~r a~ ~r a~ t~t t~ ~ ~n~ ~t~ ~ ~un~on ~ ~ l~n ~r one or more of ~c ~ ~m ~ ~m~ ~ ~ ~e ~i~o~s ~ is ~i~ (i) pm~d~ ~ a lender or~ un~r the ~ of, ~ with i~ prin~ p~ of bus~s in, a sm~ d~mni ~ ~e state in w~h the ~to~ or~ uv~r ~o ~m of a~ p~y ~otcd ~ o~r smt~, (~) ~dc ~ ~ ~oI~ to back ~iti~ ~u~ ~ a ~t or~ ~ ~e la~ of and ph~ lo~t~ ~ ot~r s~t~ ~ ~Id ~ ln~t~ or~ under ~ ~ of ~ p~i~ ~t~ ~ o~r smt~; or (v) mp~d by t~ Borr~r on a ~n~ b~ ~UIS~A ~r m~ ~o su~ out~t4~te i~tom No~l~ ~e ~o~ ~ ~t to ~te or arbi~ate s~l not app~ ~th r~t to either (i) t~ ~ ~t, but ~t ~ ~ W sub~t ~ ~ p~ ~ a mu~ of ~ a~ ~bm ~t~ to t~ m~on or ~ .~t; (~) ~ p~ w~r p~nt to ju~ acta ~r or ~, a~ont ~ a ~ or o~, p~ pum~t ~ ~.~ sm~ a ~ jud~m, or a~ mm~ab~ p~ur~ aHow~ ~ ~t~ ~ pmp~ (~ an ~slg~nt of ~ or ap~t~at of a r~ ~r~ ~ ~ ~p~ ~ ~n~; or (~) ~ appian ~ or on ~ of ~ ~r for ~m~n of a~mp~w p~ ~e pm~ ~y ~ ~ m a m~ of ~ suppl~ t~ ~ a~ a~ ~ ~ ~fi~ Imam ~ if ~ r~r(s) ~ a ~ of ~ ~u~F ~u~t. [Ch~ app~ [] Adjustable Rate Rider [] Graduated Payment Rider [] Balloon Rider [] o~r(s) [] Condominium Rider [] Planned Unit Development Rider [] Rate Improvemont Rider [] 1--4 Family Rk~r [] Biweekly Pa~.~m Rider [] Second Home Rider Loan No: 034401055037 Data ID: 927 BY Store, lo BElow, Borrower accepts and alFee~ to the tenm and cove~mts contain~l in th/s Secure, Instrument and i~ any rk~r(s) ea~cuted by Bom0w~r and recorde~ with il. ' RAYM¢ ID' L MILLER --Borrower ' TAMMY L. MI~ER ..-florrower [~ B~low *~1~ Une For CommonWealth of P~NS~V~ ~un~ of-- ~ On~ the /~ ~yof ~~ .19~ ,~remc, ,~c un~ offi~r, ~ ap~ ~YMOND L MILLER ~D T~Y L. ~R k~ ~ me (or ~ pt~n) to ~ the ~om ~ a~ ~t t~ ~ lhe ~ ~r ~ p~ ~ein ~n~. I~ .~tn~a.~r~f I ~unto ~t ~ ~ and o~ (Printed Name) I e~r~y that the eprcc~c reddencc and address of the within-rmmnd Lender is: UN[lED COMPANIES LENDING CORPORATION , 4041 ESSEIq LANE, BATON ROUGE, LOUISIANA 70809 Signature: (A~.nt on ~ of Lender) VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa C.S.A. § 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complalm are tree and correct to his information and belief. SHERIFF'S RETURN CASE NO: 2004-00331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS MILLER RAYMOND L ET AL REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MILLER TAMMY L DEFENDANT , at 1045:00 HOURS, on the at 1557 LONGS GAP ROAD CARLISLE, PA 17013 JUDY HEFFLEFINGER, MOTHER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 28th day of January , 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this J~_ day of Y~t~ ~-Z3 ~' A.D. v ~rothonotary ~-- So Answers: R. Thomas Kline 01/29/2004 GRENEN & BIRSIC Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2004-00331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS MILLER RAYMOND L ET AL REGULAR DAVID MCKINNEY Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 27th day of January , by handing to together with says, the within COMPLAINT - MORT FORE MILLER RAYMOND L DEFENDANT ~ at 1720:00 HOURS, on the at 5 TEXACO ROAD MECHANICSBURG, PA 17050 RAYMOND MILLER a true and attested copy of COMPLAINT - MORT FORE 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit ,00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this g~[ day of ~-~[~,~, 2~ ~ A . D ~rot~notary So Answers: R. Thomas Kline 01/29/2004 GRENEN & BIRSIC By: o ~ ! Deputy S ermff ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS, Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. CIVIL DiVISION NO.: 04-331 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) I hereby certify that the address of Plaintiff is: 909 Hidden Ridge Dr., Suite 200 Irving, TX 75038 the last known address of Defendants is: 1557 Longs Gap Rd Carlisle, PA 17013 5 Texaco Rd Mechanicsburg, PA 17050 FILED ON BEHALF OF PLAINTIFF: Bankers Trust Company of California, N.A, et al COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA (412) 281-7650 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04~331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Tammy L. Miller and Raymond L. Miller, in the amount of $40,927.02, which is itemized as follows: Principal Interest to 3/3/04 Late Charges to 3/3/04 Escrow Deficiency to 3/3/04 Corporate Advances Attorneys' fees Title Search, Foreclosure and Execution Costs $34,656.92 $ 2,642.53 $ 20.00 $ 182.42 $ 125.15 $ 800.00 $ 2,500.00 TOTAL $40,927.02 with interest on the principal sum at the rate of $14.01 per diem (as may change from time to time in accordance with the terms of the Note) from March 3, 2004, and additional late charges, additional reasonable and actuallyincurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. Krist~e M. Ant~ou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this~day of~(lh(i,~ ,2004. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L Potter, Jr., Nota~ Public City Of Ptffsburgh, Allegheny County My CommiSS~n Expires Dec. 10, 2007 Member, Pennsylvania Association Of Notaries IN THE COURT OF COIVlMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCEC LOAN TRUST 1998-A, CIVIL DIVISION NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants, TO: T__a~-q__y L. Miller 1557 Eongs Gav Rd Carlisle, FA 17013 DATE OF NOTICE: February 18, 2004 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 TI-IE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A ]LrDGMENT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU Wii~H 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 TWO LH~ERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 1 800 990-9108 By: FIRST CLASS MAIL, POSTAGE PREPAID Attoi-neys for/Plmntiff ' One Galewffy Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 . ]Iq THE COURT OF COMMON PLEAS OF CUlvlBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CAIS!~ORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 199 g-A, NO.: 04-331 Plaimiff, VS. RAYMOND L MILLER AND TAMMY L. MILLER, Defendants. TO: Raymond L. Miller 5 Texaco Rd. Mechm~icsburg, PA 17050 DATE OF NOTICE: February 18, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTBR A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WPdTING WITH THE COURT YOUR DEFENSES OR OBIECTIONS TO THE CLAIMS SET FOKTH AGAINST YOU. UNLESS YOU ACT W1THRq TEN DAYS FROM THE DATE OF THIS NOTICE, A/UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR]NG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIKING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PKOVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SEKVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENIJE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 1 800 990-9108 By: FIRST CLASS MALL, POSTAGE PREPAID ~Att _o'~3egs lbr P_lamUff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. CIViL DIVISION NO.: 04-331 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Raymond L. Miller 5 Texaco Rd Mechanicsburg, PA 17050 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $40,927.02 with interest on the principal sum at the rate of $14.01 per diem (as may change from time to time in accordance with the terms of the Note) from March 3,2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A,, AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. CIVIL DIVISION NO.: 04-331 NOTICE OF ORDER, DECREE OR JUDGMENT TO: Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $40,927.02 with interest on the principal sum at the rate of $14.01 per diem (as may change from time to time in accordance with the terms of the Note) from March 3,2004, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Dep~y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, Plaintiff, NO.: 04-331 VS. RAYMOND L. MILLER AND TAMMY L. MiLLER, Defendants. ISSUE NO.: TYPE OF PLEADING: Praecipe for Writ of Execution (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Bankers Trust Company of California, N.A. et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa.I.D. #77991 GRENEN & BLRSIC, P.C. Firm #023 One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff; VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR/MADAM: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendants, Raymond L. Miller and Tammy L. Miller, as follows: Principal $34,656.92 Interest to 6/9/04 $ 4,015.51 Late Charges to 6/9/04 $ 35.00 Escrow Deficiency $ 182.42 Corporate Advances $ 125.15 Attorneys' fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 2,5O0.0O TOTAL $42,315.00 GRENEN & BIRSIC, P.C. Attorneys for Pl&intiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-331 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A Plaintiff (s) From RAYMOND L. MILLER, 5 TEXACO ROAD, MECHANICSBURG PA 17055 and TAMMY L. MILLER, 1557 LONGS GAP ROAD, CARLISLE PA 17013. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 21 PINEHILL AVENUE, MECHANICSBURG PA 17055 (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 Due34,656.92 L.L. $.50 Interest TO 6/9/04 = $4,015.51 Atty's Comm % $800.00 Due Prothy $1.00 Arty Paid $137.73 Other Costs LATE CHARGE TO 6/9/04 = $35.00: ESCROW DEFICIENCY = $182.42: CORPORATE ADVANCES = $125.15: TITLE SEARCH ETC = $2500.00 Plaintiff Paid Date: MARCH 8, 2004 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQ. Address: ONE ATEWAY CENER, NINE WEST PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 281-7650 Supreme Court ID No. 77991 CURTIS R. LONG eroth~otarYBy: ~.~d'~ ~Dep ~ ~'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Bankers Trust Company of California, N.A. as Trustee for UCFC Loan Trust 1998-A, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Raymond L. Miller and Tamm¥ L. Miller located at 21 Pinehill Ave., Mechanicsbum, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWiNG DESCRIBED PROPERTY: ALL THE FOLLOWiNG DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLiNG BEiNG KNOWN AND NUMBERED AS 21 PINE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PARCEL #38-14-0848-033. l. The name and address of the owner(s) or reputed owner(s): Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 3. The name and last known ad&ess of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company of Califomia, N.A. et al. [Plaintiff] 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company of California, N.A. et al. Beneficial Consumer Discount Company [Plaintifq 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Dept. Of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Kristi~ M. Anjou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~2k,q2[ day of p~(2~ )({2. ublic ,2004. COMMONWEALTH OF PENNSYLVANIA Notarfal Seal Gerald L. Potter, Jr., Nota~ Public City Of Pittsburgh, AlJegher~y County My Commission Expires Dec. 10, 2007 Member. Pennsylvania Association Of Notaries 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CiVIL DiVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Tammy L. Miller 1557 Longs Gap Road Carisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2~d Floor 1 Courthouse Square Carlisle, PA 17013 on June 9, 2004, at 10 AM., the following described real estate, of which Raymond L. Miller and Tammy L. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, iNTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, 1N AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEiNG KNOWN AND NUMBERED AS 21 PiNE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PARCEL #38-14- 0848-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. at Execution Number 04-331 in the amount of $42,315.00. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later thm~ ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sherift's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment, You may also have the right to petition the Court to stay or delay the execution and the Sherift's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PR[CE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & B1RSIC, P.C. By: Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Curnberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 52, South 33 degrees 48 minutes East, one hundred fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the comer of Lot No. 52 aforesaid, the place of BEGINNING. BEING LOt No. 53 in the Plan of Lots of White Birch Farms Development, Tract No. 2 as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home with a permanent foundation. BEING the same premises which Berry A. Myers and Judy K. Myers, by Deed dated January 13, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on January 22, 1998, in Deed Book Volume 171, Page 122, granted and conveyed unto Raymond L. Miller and Tammy L. Miller. By: GRENEN & BIRSIC, P.C. · Antfiou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 38-14-0848-033 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Raymond L. Miller 5 Texaco Rd Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on June 9, 2004, at 10 AM., the following described real estate, of which Raymond L. Miller and Tamm¥ L. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND ~BERED AS 21 PINE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PARCEL #38-14- 0848-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MiLLER AND TAMMY L. MILLER, Defendants. at Execution Number 04-331 in the amount of $42,315.00. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (I 0) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exemise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERiFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FiLED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: Kris(~ M. Anfhou, ~squire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DMSION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, RAYMONI) L. MILLER AND TAIVIMY L. MILLER, Defendants. LONG FORM DESCRIFTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No, 52, South 33 degrees 48 minutes East, one hundred fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the comer of Lot No. 52 aforesaid, the place of BEGINNING. BEING Lot No. 53 in the Plan of Lots of White Bimh Farms Development, Tract No. 2 as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home with a permanent foundation. BEING the same premises which Berry A. Myers and Judy K. Myers, by Deed dated January 13, 1998 and recorded in the Office of the Kecorder of Deeds of Cumberland County on January 22, 1998, in Deed Book Volume 171, Page 122, granted and conveyed unto Raymond L. Miller and Tammy L. Miller. GRENEN & BIRSIC, P.C. Krist~Xae M. Anjou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 38-14~0848-033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, Plaimiff, CWIL DWISION ISSUE NUMBER: VS. NO.: 04-331 RAYMOND L. MILLER AND TAMMY L. MILLER, TYPE OF PLEADING: Defendants. Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON ]BEHALF OF PLAINTIFF: Bankers Trust Company of California, N.A. et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-5'650 SALE DATE:6/9/04 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. M1LLER AND TAMMY L. MILLER, Defendants. CIVIL DiVISION NO.: 04-331 Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated March 11, 2004, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary maiil at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. Tree and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true ~md correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: Kris~ine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 152:22 (412) 281-7650 Sworn to and subscribed before me this/~rgday of tqt,z '~'I ,2004. COMMONWEALTH OF PENNSYLVANIA,- F Notadal Seat . ~ Gerald g Potter, Jr., Notary PL~bhc ~ City Of pittsburgh, Allegheny County I My Comml~qion Expires Dec. 1 O, 2007 bl~mber, pennsylvania Association Of Notaries Exhibil "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CWIL DWISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. ~AFFIDAVIT PURSUANT TO RULE 3129.1. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Bankers Trust Company of California, N.A. as Trustee forUCFC Loan Trust 1998-A, Plaintif;in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Ra ond L. Miller and Tammy L. Miller lo~ated at 21 Pinehill Ave., Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWING DESCKIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, pENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 21 PINE HILL AVENUE, MECHANICSBURG, pENNSYLVANIA 17055. DBV 171, PAGE 122, AND pARCEL #38-14-0848-033. 1. The name and address of the owner(s) or reputed owner(s): Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company of California, N.A. et al. [Plaintiff] 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company of California, N.A. et al. [Plaintiff] Beneficial Consulner Discount CompanY 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17][05 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. Y: ~ .' Kristha*M. An~aou, Esquire ' Attomey for Plaintiff SWORN to and subscribed before me this ~ day of t~,O40fX Q_ Notary Public . ,2004. COMMONWEALTH OF PENNSYLVANIA Nota~l Seal C~r~kt L. Potter. Jr., No~ Public My ConTmission Expires Dec. 10, 2007 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .[ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bankers Trust Co of California N Atr for UCFC Loan Trust 1998-A is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on t~he 8th day of March, A.D., 2004, out of the Court of Common Pleas of said Comaty as of Civil Term, 2004 Number 331, at the suit of Bankers Trust Co of California N A Tr for UCFC Loan Trust 1998-a against Raymond L Miller &'l~'ammv L is duly recorded in Sheriff's Deed Book No. 264, Page 1591. IN TESTIMONY WHEREOF, I have hereunto set my hand an~seal o f said office this c:~~7 dayof Banker Trust Company of California N.A., as Trustee for UCFC Loan Trust 1998~A VS Raymond L. Miller and Tammy L. Miller In The Court of Common Pleas of Cumberland County, Pennsylvmfia Writ No. 2004-331 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2004 at 2:48 o'clock PM, 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: Raymond L. Miller, by making known unto Barry Myers, Father of defendant, at 5 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, slates that on March 10, 2004 at 8:59 o'clock PM, 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: Tammy L. Miller, by making known unto Donald Heffiefinger, Father of defendant, at 1957 Longs Gap Road, Carlisle, Cumberland County, Pennsylv~mia, its contents and at the same time handing to him personally the said tree and con'ect copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2004 at 7:15 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Raymond L. Miller and Tummy L. Miller located at 21 Pinehill Ave., Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff; who being duly sworn according to law, states E~e served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Raymond L. Miller, by regular mail to his last known address o~'5 Texaco Road, Mechanicsburg, PA 17055. This letter was mailed under the date of April 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sherift; 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: Tummy L. Miller, by regular mail to her last known address of 1957 Longs Gap Road, Carlisle, PA 17013. This letter was mailed nnder the date of April 13, 2004 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Kristine Anthou for Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A. It being the highest bid and best price received for the same, Bankers Trust Company of California, N.A., as Trustee for UCFC Loan Trust 1998-A of 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $853.79. Sheriff's Costs: Docketing $30.00 Poundage 16.74 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage l 7,94 Levy 15.00 Surcharge 30.00 Law Journal 288.65 Patriot News 290.20 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 853.79 Sworn and subscribed to before me This 0'~ day0f 2004, A.D. ~ ~ ~'h~-,~, R. Thomas Kline, Sheriff Real Estate~Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CWIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Bankers Trust Company of California, N.A. as Trustee for UCFC Loan Trust 1998-A, Plainfiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was o f record concerning the real property o f Raymond L. Miller and Tammy L. Miller located at 21 Pinehill Ave., Mechanicsburg, PA 17055 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHI? OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 21 PINE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PARCEL #38-14-0848-033. I. The name and address of the owner(s) or reputed owner(s): Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Raymond L. Miller 5 Texaco Rd. Mechanicsburg, PA 17050 Tammy L. Miller 1557 Longs Gap Rd Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Bankers Trust Company of California, N.A. et al. [Plaintiff] 4. The name and address of the last record holder of every mortgage of record: Bankers Trust Company of California, N.A. et al. Beneficial Consflmer Discount Company [Plaintiff] 419 Stonehedge Drive, Suite 2 Carlisle, PA 17013 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Dept. Of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Krist~neM. Anjou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~_~ day of I~ 0AC~ ,2004. COMMONWEALTH OF PENNSYLVANIA Nota~l Sea~ [ Gerald L. Poi/er, Jr., Nota~ Public r~y Co~ss,~n Expires Dec. 10, 2007 Member. Pennsylvania AsBocJalion Of Nolade~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Tammy L. Miller 1557 Longs Gap Road Carisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execut/on issued out of the Court of Common Pleas of Cumberland County, Petmsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on June 9, 2004, at 10 AM., the following described real estate, of which Raymond L. Miller and Tammy L. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLALM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED tN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 21 PINE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PARCEl_, #38-14- 0848-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALI]FORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. at Execution Number 04-331 in the mount of $42,315.00. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution ia; filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your fights, yo'a must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You mayhave legal rights to prevent the Sheriffs Sale and the loss of your prnperty. In order to exemise those rights, prompt action on your part is necessary. You may have the right to prevent or del ay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have thej udgment opened if you promptly file a petition with the Court allegfing a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment. You may also have the fight to have the judgment stricken if the Sheriffhas nor made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF TttERE ARE DEFECTS IN THE SHERI12F'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (I0) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. By: -Kristine M. Anthou, Esquire Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DWISION CALIlVORN/A, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. LONG FORM DESCRff'TION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, Countyo fCumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence 'along the line of said Lot No. 52, South 33 degrees 48 minutes East, one hundred fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the comer of LOt No. 52 aforesaid, the place of BEGINNING. BEING Lot No. 53 in the,Plan of Lots of White Birch Farms Development, Tract No. 2 as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16~ at Page 10, and now improved by a trailer home with a permanent foundation. BEING the same premises which Berry A. Myers and Judy K. Myers, by Deed dated January 13, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on January 22, 1998, in Deed Book Volume 171, Page 122, granted and conveyed unto Raymond L. Miller and Tammy L. Miller. GRENEN & BIRSIC, P.C. By: '~¢'¢°c~/~'~d~4:,'(d~A.~ Krist~Xne M. Anthou, Esquire Attomeys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 38-14-0848-033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CiVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 VS. Plaintiff, RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Raymond L. Miller 5 Texaco Rd Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2~a Floor 1 Courthouse Square Carlisle, PA 17013 on June 9, 2004, at 10 AM., the following described real estate, of which Raymond L. Miller and Tammy L. Miller are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RAYMOND L. MILLER AND TAMMY L. MILLER, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TIlE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 21 PINE HILL AVENUE, MECHANICSBURG, PENNSYLVANIA 17055. DBV 171, PAGE 122, AND PtLRCEL #38-14- 0848-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. at Execution Number 04-331 in the mount of $42,315.00, Claims against the property must be filed w/th the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution, Schedule of Distribution will be filed with the Office of the Shenffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed w/th the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property, It has been issue because there is a judgment against you. It may cause your property to be held or taken to pay' judgment. You may have legal rights to prevent your property from being taken, A lawyer advise you more specifically of these rights. If you wish to exercise your rights, you taus promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR. CANNOT AFFORD TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y GET LEGAL ADVICE. Court Administrator Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have thej udgment opened if you promplly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE, SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, I]7 THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Kristihe-M. Ant~ou, ~'squire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANKERS TRUST COMPANY OF CIVIL DIVISION CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A, NO.: 04-331 Plaintiff, VS. RAYMOND L. MILLER AND TAMMY L. MILLER, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 52, South 33 degrees 48 minutes East, one hundred fifty (150) feet to a point; thence along other land now or formerly of George W. Walker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter mentioned; thence along the line of said Lot No. 54, North 33 degrees 48 minutes West, one hundred fifty (150) feet to a point on the southern line of Pine Hill Avenue, North 56 degrees 12 minutes East, one hundred (100) feet to a point at the comer of Lot No. 52 aforesaid, the place of BEGINNING. BEING Lot No. 53 in the Plan of Lots of White Birch Farms Development, Tract No. 2 as recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a trailer home with a permanent foundation. BEING the same premises which Berry A. Myers and Judy K. Myers, by Deed dated January 13, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on January 22, 1998, in Deed Book Volume 171, Page 122, granted and conveyed unto Raymond L. Miller and Tammy L. Miller. GRENEN & BIRSIC, P.C. Krist~e M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 38-14-0848-033 WRIT OF EXECUTION and/or ATTACHMENT COMMON~VEALTH OF PENNSYLVANIA) NO 04-331 Ch,il COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR UCFC LOAN TRUST 1998-A Plaintiff (s) From RAYMOND L. MILLER, 5 TEXACO ROAD, MECItANICSBURG PA 17055 and TAMMY L. MILLER, 1557 LONGS GAP ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 21 PINEHILL AVENUE, MECItANICSBURG PA 17055 (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 a~achment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accotmt of the defendant (s) and from delivering any property of I he defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the po:~session 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 $34,656.92 L.L. $.50 Interest TO 6/9/04 -- $4,015.51 Atty's Comm % $800.00 Due Prothy $1.00 Atty Paid $137.73 Other Costs LATE CHARGE T0 6/9/O,I = $35.00: ESCROW DEFICIENCY -- $182.42: CORPORATE ADVANCES -- $125.15: TITLE SEARCH ETC = $2500.00 Plaintiff Paid Date: MARCH 8, 2004 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQ. Address: ONE ATEWAY CENER, NINE WEST PITTSBURGH PA 15222 Attorney for: PLAINTIFF Telephone: (412) 281-7650 Supreme Court ID No. 77991 CURTIS R. LONG Proth~tary (j Real Estate Sale #61 On March 09, 2004 the sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 21 Pinehill Ave., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2004 Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 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. REAL E~TATE 8ALE NO. 61 Wdt No. 2004-331 Civil Bankers 'Frast Company of CaJlfornJa N.A., as Trustee for UCFC Loan Trust 1998-A Raymond L. Miller and Tammy L. Miller Atty.: Kristine M. Anthou LONG FORM DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Sliver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter men- tioned; t-hence along the line of said LOt No, 52, South 33 degrees 48 min- utes East, one hundred fifty (150) JLisa Marie Coynet Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004_ LOIS E. SNYDER, Notaff Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounclsd and described as follows, to wit: BEGINNING at a point on the southern line of a public road fifty (50) feet wide, known as Pine Hill Avenue, at the comer of Lot No. 52 in the Plan of Lots hereinafter men~ tioned; thence along the line of said Lot No. 52, South 33 de~rees 48 rnin~ utes East, one hundred fifty feet to a point; thence along other land now or formerly of George W. W~lker and Mary Alice Walker, his wife, South 56 degrees 12 minutes West, one hundred (100) feet to a point at the comer of Lot No. 54 in the Plan of Lots hereinafter men- tioned; thence along the line of said Lot No. 54, North 83 degrees 48 minutes West, one hundred fifty (150) feet to a point on the south- em line of Pine Hill Avenue, North 56 degrees 12 minutes Bast, one hundred (100) feet to a point at the comer of Lot No. 52 aforesaid, the place of BBGINNING. BEING Lot No. 53 in the Plan of Lots of White Birch Farms Devel- opment, Tract No. 2 as recorded in the Rscorder's Office in and for Cum- berland County, Pennsylvania, in Plan Book 16, at Page 10, and now improved by a troffer home with permanent foun_d_a~lpn. BEING the same premises which Berry A. Myers and Judy K. Myers, by Deed dated January 13, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on danuary 22, 1998, in Deed Book Volume 171, Page 122, granted and conveyed unto Ray- mond L. Miller and Tommy L. Miller. parcel No, 38-14~0848-033. LOIS E. SNYDEF Carlisle Boro, Curt My Commission Exp THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 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 and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 tho °ffice f°r the Rec°rding °f Deeds in and f°r said C°unty of ~ _i~"VolUmepUBLiCATiON14, Page 317.. COPY Sworn ,o and subscribed befc~ ~:r~,~/_ his 28th/~ay~//~2004/,,~/~./A.D. I ~ L Ru~, Nota~ ~Mic N~A~RY PUBLIC J My~mJ~ ~rm ~ 6, 2~ ,ommission expires June 6, 2006 M ember, Pennlylv~a ~clal~n e I Nolmies CUMBERED ~U~ SHERIF~ O~ICE CUMBERED ~ ~SE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 290.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.