Loading...
HomeMy WebLinkAbout01-6451MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Kipp E. Zahler 583 Grahams Woods Road a/k/a 583 Grahams Wood Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS :CIVIL DIVISION -Cumberland County 'NO. qrl COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH .BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ~ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas si~uientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un ~hogado y entre~ar a la corte en fo~ma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiereque usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UNABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DiRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy ora judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Parkway Mortgage, Inc. Assignments of Record to: First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. Recording Date: 10/5/00 Book: 656 Page: 634 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.Po 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road MUNICIPALITY/TOWNSHIP/BOROUGH: Upper Frankford Township COUNTY: Cumberland DATE EXECUTED: 3/10/00 DATE RECORDED: 4/7/00 BOOK: 1605 PAGE: 177 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 10/11/01: Principal of debt due and unpaid Interest at 11.05% from 6/1/01 to 10/11/01 (the per diem interest accruing on this debt is $30.93 and that sum should be added each day after 10/11/01) $100,768.62 4,113.69 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $.01 and that sum should be added on the first of each month after 10/11/01) 1,768.99 Late Charges (monthly late charge of $48.43 should be added on the fifteenth of each month after 10/11/01) 145.29 Corporate Advance 115.79 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $112,480.81 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of !983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $112,480.81 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 6 OF THE HOBSY~0 AND RECOI~D SUBDIVISION PREPARED BY DOUGLAS S. ER~, R.S. DATED ~u'Y 23, 1989'.ESCRiEED AS CUMBERLAND COUNTY PLAN BOOK 60, PAGE 20 AND MORE FULLY BOUNDED AND m FOLLOWS: GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS i AND ~.o DEGREES7~.,~E HENTIOHED SUBDIVISION PLAN; THENCE ALONG SAID DIVIDING LINE NOI~T~ ~UTH 01 DE~ MII~u'rES 45 SECONDS EAST 500.00 FEET TO A POINT; T~m~CE ALONG s~.A~ DIVIDING ~"- 22 MIhu'&ES 15 SECONDS EAST 320 00 FEET TO A POINT; THENCE ALON~ -.,,~nS WEST BETWEEN LOTS 6 AND 11 ON SAID PLAN NORTH 62 DEGREES 58 MINUTES 05._,,ES 45 sECO 3B7 60 FEET TO A POINT; THENCE ALONG SAM~ SOUTH 88 DEGREES 37 ~II~ut -~=~S WOU~ WEST 180.00 FEET TO A POINT ON THE EASTERN DEDICATED RIGHT OF WAY "3 gEcoNDS ~ ROAD; T~fu~CE ALONG SAID RIGHT OF WAY NORTH 03 DEGREES 27 MINUTES u 1~0.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 101,295.32 SQUARE FEET· UNDER AND SUBJECT TO THE FOLLOWING BUILDING AND USE RESTRICTIONS~ 1. NO BUILDIN~ OR ANY PROJECTION THEREOF SHALL BE ERECTED oR NAII~TAI~m (10) ~EET OF ANY SIDE OR REAR PROPERTY LINE. 2. NO TRAILER, MOBILE HOME OR SIMILAR STRUCTURE MAY BE LOCATED O~ ANY LOT, TEMPORARILY OR PERMANENTLY, FOR ANY USE WHATSOEVER. O~ ANY ~u ~ TO 3. NO ADVERTISING OR DISPLAY SIGNS SHALL BE ERECTED OR NAINTAII~D_~ sOL~~ THAN THE CUSTOMARY "FOR RENT" AND "FOR SALE" SIGNS W~r~ff THE SA~ THE PREMISES ON WHICH THEY ARE LOCATED· 4. NOTHIN~ SHALL BE DONE ON ANY LOT WHICH IS OR MAY BECOME AN AI~I~O~ANCE OR NUISANCE TO THE NEIGHBOREOOD. 5. NO LOT SHALL BE REsuBDIVIDED. 6. NO UNLICENSED VEHICLE SHALL BE PERMITTED ON ANY LOT AT ANY '~' --AL~. i%ESIDEI~ SAME IS STORED INSIDE A GARAGE USED IN CON.,u~CTION WITH T~,~ PRII~C~O.. BE ERECTED ON SAID LOT. NO RECREATIONAL VEHICLES SHALL BE PERMITTED TEMPORARILY OR PEP.~ANENTLY, ON ANY STREET OR ROAD. ~O~.C __~ 1,100 ~ AR ?. NO ONE-STORY RESIDENCE S~ALL BE ERECTED WHICH CONTAINS LESS ~i~EKETO A Tw ~I.IJ~ 1~00 ~ AR FEET OF LIVIN~ AREA. ANY TWO-STORY RESIDENCE SHALL HAVE ATTAC~ GARAGE. 9. NO MORE THAN ONE (1) SINGLE-FAMILY PRIVATE DWELLING HOUSE, TO~T~ER WITI'I ~ARAGE AND ACCESSORY STRUC~'U~ES, SHALL BE ERECTED ON ~ LOT. DF785 KIPP ZAHLER 583 GRAHAMS WOOD ROAD CARLISLE, PA 17013 September 4, 2001 NBRC 0005446244 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends'to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains h6w the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNgRI.ING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counselinE agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800-342-2397 (Persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJU'NTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR1BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS NAME(S): KIPP ZAHI,ER PROPERTY ADDRESS: 583 GRAHAMS WOOD RO CARLISLE, PA 17013 LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: 0005446244 HomEq Servicing Corporation IMPORTANT INFORMATION ON THE BACK OF THIS PAGE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FENANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME. FROM FORECLOSURE AND llELP YOU IVIAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF TRE HOMEOWNER'S EMERGENCY MQRTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTAaNCE: IF YOUR DEFAULT HAS BEEN CAUSED By CIRCUMSTANCES BEYOND YOUR CONTROL, YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TBE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are ~utitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY {30) DAYS. IF YOU DO NOT APPLY FOIl EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. ~ PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer cre,dit counseling agencies listed at the end of this Notice, the lender may NOT take further action agair~t you for thirty (30) days after the date of this meeting. The names, addresses and telephone number~ of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this .Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of thc designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER~ FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. IMPORTANT INFORMATION CONTINUED ON NEXT PAGE HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TI-I_E DEFAULT - The MORTGAGE debt held by the above lender on your property located at 583 GRAHAIvIS WOOD RO CARLISLE, PA 17013 CARLISLE PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinqueflr: b) Delinquent Amount Due: c) Late Charges: d) Recoverable Corporate Advances e) Other Charges and Advances f) Less funds in Suspense: e) Total amount required as of (due date) 3 $3,618.15 · $ 96.86 $ 0.00 $ 0.0 $ 0.00 $1065.41 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 3,715.01) PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's cheek, certified check, or money order made payable to: -" Regular Mail HomEq Servicing Corporation P.O. Box 96012 Charlotte, NC 28296-0012 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its fights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE LEI-rt~R DATE, HomEq Servicing Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged nrnvertv. IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incarred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY perlod~ you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI,I*.- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late charges, charges then rh,~, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirementn under the mortgage. Curing your default in the manner set forth in this Notice will restor~ your mortgage to the same position as if you had never defaulted. IMPORTANT INFORMATION ON THE BACK OF THIS PAGE. EARL/EST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that s~ch Sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you walt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL: Name of Lender: HomEq Servicing Corporation Address: P.O. BOX 13716 Sacramento, CA 95853 Telephone Number: 1-866-577-8834 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or ~ransfer your home to a buyer or mmsferen who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OF~ '~-IE MORTGAGE DEBT, OR BORROWER MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER TI:IE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER Sincerely, HomEq Servicing Corporation The Money Store Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies 41 Cumberland County Urban League of Metropolitan Harrisburg North 6th Street Harrisburg PA 1710 (717) 234- 5925 Fax (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg PA 1710 (717) 232- 9757 CCCS of Western Pennsylvania 2000 Linglestown Road Harrisburg PA 17102 (717) 541- 1757 Adams County Housing Authority 139-143 Carlisle Street Gettysburg PA 17325 (717) 334- 1518 · ~, Fax (~717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesbom PA 1726 (717) 762- 3285 Fax (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle PA (717) 234- 3818 17013 V E R I F I C A~T~I~Q~N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 4904 relating to unsworn falsification to Pa.C.S. Section authorities. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. Plaintiff Vo Kipp E. Zahler Defendant(s) ATTOP-NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 Civil Term p~aRCIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint on the above-captioned matter. DATE: December 19, 2001 MARK J. UDREN & ASSOCIATES Mark~J. dren, ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDHEN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHE~RY HILL, NJ 08034 856-482-69.00 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. Plaintiff Kipp E. Zahler ATTORNEy FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION :Cumberland County : i NO. 01-6451 Civil Term Defendant(s) : PRAECIpE TO FILE PROOF OF ~gVIOF TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: December 19, 2001 Ma ESQUIRE Attorney for Plaintiff First Union National Bank of Delaware, et. al., Plaintiff(s) VS. Kipp E. Znhler, et. al., Defendnnt(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Road Minneapolis, MN 55439-3122 MARK J. UDREN Ms. Heather Forrest 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 AFFIDAVIT OF DUE AND DILIGENT ATTEMPT Service of Process on: Documents Served: Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 --~4~omer F~Ic: State of: Y/~¢;~Z- ~-~s County of: ~_~ ~;~,~p~ ~ ) Name of Server: ~~ ~/~ ~ , un&~i~.oa, ~i.~ ~u~ ~wo~, ~o~ ~.~ ~a~ that at ~e time of se~ice, s&e was over the age of ~enW-one, was not a p~ to ~is action; · c undersized a~empted to se~e ~e doc~ants described as: Complaint in Mo~gage For~losure The undersigned attempted to serve the documents on Kipp E. Zahler and after due and diligent efforts, was unable to effect service. Attempts: The following is a list of the attempts made to effect service: Dates/Time/Address Attempted: Reason for Non-Service: Dates/Time/Address Attempted: Reason for Non-Service: Dates/Time/Address Attempted: 4530 Valley Crest Drive,//308, Midlothian, VA 23112 ReasonforNon-Service:_ ,~/~0,~' ,~o~t ~. ~ ~r~,~s ~ ~ ~ ~ ~ ~. ~ Based upon the above s~ted facts, Affiant believes the defend~t is avoiding se~ice. Signature of Se~er: Undersized decides under penalW ofperj~ Subscribed and sworn to before me this ~at~aforegging~tme~dco~ect. /~yof '~0~0~1,~ 200 I Si~amre of Se~er ~' (Date) Not~ Pubfi6 (C~m~is~i~res)~ z at/ APS File ~: 049~68-0001 First Union National Bank of Delaware tka First Union Home Equity Bank, NA, et. al., Plaintiff(s) Kipp E. Znhler, et. al., Defendant(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 MARK J. UDREN Ms. Heather Forrest 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 AFFIDAVIT OF SERVICE -- Individual Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 civil term State of= ~/~ ~NI ~-~ )ss. County of: C,6 x,tee, 'a Name of Server: ~:~0~_~.~44~/t~///~n~a~/ ~ , undersized, being duly sworn, deposes and says · at at the time of se~ice, s~e was over ~e age of ~enW-one, was not a p~ to this action; Date~ime of Se~ice: ~at on the // dayof ~ ,20~,at ~ o'clock ~M Place of Semite: at 3724 Falstone Road , ci~ of Riehmon~ , state of v~ Documents Served: the undersigned served the documents described as: Complaint in Mortgage Foreclosure Service of Process on: Person Served, and Method of Service: A tree and correct copy of the aforesaid document(s) was served on: Byp' Zahler ersonally delivering them into the hands of the person to be served. [] By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of Description of Person Receiving Documents: The person receiving documents is described as follows: Sex/~ ; Skin Color ~/~/'~__ ; Hair Color~/t~]ff ;~Facial Hair x.Age /'~-g"S"X~' Approx. Height ~'"'/0' ; ; Approx. Weight the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury Subscribed and ~vom to before me this ~j~h~at the f°re~ng is tree and correct- f]'~Y~ayof~/¥O~-~,20O/ ~ignature of Server --- ~ ' (Dat~ ~ (CommisSion E~Xpi~s) APS International, Ltd. ~ o~/ ~ I/JO APS File #: 050312-0001 MA~K J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 ~56-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. Plaintiff Vo Kipp E. Zahler ATTORNEy FOR PLAINTIFF :COURT OF COMMON PLEAS !CIVIL DIVISION : Cumberland County i NO. 01-6451 Civil Term Defendant (s) : PP~AZC~p~ TO FT?.~ PROOF~F SZRVI~-- TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: January 30, 2002 BY: arkj~~.r M en, ESQUIRE Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant ( s ) ATTOPATEY FOR PLAINTIFF :COURT OF COMMON PLEAS :CIVIL DIVISION .Cumberland County : MORTC,~h. GE FORECLOSURE :NO. 01-6451 Civil Term PRAECIPE FOR JUDGMENT FOR FAILurE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 10/12/01 to 2/15/02 Late charges per Complaint From 10/12/01 to 2/15/02 Escrow payment per Complaint From 10/12/01 to 2/15/02 $112,480.81 3,928.11 242.15 .04 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant are as sho~ above, and (2) that notice has been given in accordance with Rule 237.1, a copy of~ch is attached hereto.  ~N & ASSOCIATES - - ' ~ PRO PROTHY ~ ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a ~irst Union Home Equity Bank, N.A. C/O Rosicki, Rosicki& Associates, P.C. Plaintiff Vo Kipp E. Zahler Defendant(s) ATTORIq~Y FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 civil Te~m DATED: February 4, 2002 TO: Zipp E. Zahler 3724 Falstone Road Richmond, Va 23234 TM~ORTAI~T NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMRNT MAY BE F/TTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT~TRIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTIFICATION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOC4~DO IMMEDIATAMENTE SI USTED NO TIENE AJROGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYAEN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 NOTICEs PURSUANT TO THE FAIR DEBT COLLECTION P~ACTICES ACT, THIS LAW FIRM IS DEEM~ TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant ( s ) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION - Cumberland County i MORTGAGE FORECLOSURE :NO. 01-6451 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF New Jersey : : COUNTY OF Camden : SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Kipp E. Zahler Over 18 As captioned above Unknown Defendant: ~ Age: Over 18 ~ Residence: As captioned ~k~e ~l \ Employment: Unknown ] ~ ~ ~ [ / Na~e: Mark ~Udren, Esq ~ ~itle: at~.or~ey for Plaintiff SWorn to and subscribed Company: Mark J. Udren & Assoc. before .me this 15 day ~otary ~ublic -\ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-6451 Civil Term PRAECIPE'FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From February.-16~ 2002 to Date of Sale JA~l~5~2D/12~ Per diem @$30.93 (Costs to be added) $~ iS& ASSOCIATES QUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 20O Carle Place, New York 11514 Plaintiff Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant ( s ) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-6451 Civil Term CERTIFICATE Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: Sec. ( ) ( ) ( ) (x) ( ) An FHA insured mortgage Non-owner occupied Vacant Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. _ ~N & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant ( s ) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION : Cumberland County i MORTGAGE FORECLOSURE 'NO. 01-6451 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, VA 23234 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address American General Consumer Discount Company Address to follow Providian National Bank Address to follow Fifth Third Bank Address to follow 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 12 N. Manover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 15, 2002 ~EN &ASSOCIATES , ~yU~r~a r lntlff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHEP, RY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-6451 Civil Tez,L NOTICE OF SwRRIFF'S S~T.R OF REAL PROPERTY TO: Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Your house (real estate) at 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $116,651.11, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: ~- You may be able to stop the sale by f~.ling a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT~ER RIGHTS EVEN IF THE Sw~RIFF' S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid ~rice was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~OTO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT W~mE YOU CAN GET LEC4~L HELP. LAWYER REFEP, RAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 CHEP, RY HILL, NJ 0803% 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff ATTOP-NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 Civil Term v. Kipp E. Zahler 3724 Falstone Road : Richmond, VA 23234 : Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: March 14, 2002 Mark J. ~dren, ESQUIRE Attorney for Plaintiff Fh~st U~on National Bank of Delaware, et. al., Plaintiff(s) YS. Znhler, et. aL, Defendant(s) Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 MARK J. UDREN Ms. Cara Stears 1040 North Kings Highway Suite 500 Cherry Hill, NJ 09034 AFFIDAVIT OF SERVICE -- Individual Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 Civil Term State of: ) ss. County of: CJ ~.S (,g,'g~G'~ Name of Server: ~2e.~/,~r.~ ~. ,~A/£od '~'. , undersigned, being duly sworn, deposes ~d says · at at the time of semite, s~e was over ~e age of ~anW-one, was not a p~ to this action; Date~ime of Se~ice: ~at on the / &e dayof ~~ ,20 ~ ,at 7/0 o'clock /~ M Place of Semite: at 3724 Falstone Road , ciw of~Richm°nd ~, state of V~ Documents Served: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property A true and correct copy of the aforesaid document(s) was served on: Ki,~p E. Zahler ~ By personally delivering them into the hands of the person to be served. Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of The person receiving do,ct~aents is described as follows: Sex//~ ; Skin Color/M/~, ~.L ; Hair Color'~:~o~-t~ ; Facial Hair Approx. Age ~ ; Approx. HeiSt ~9o ~ ; Approx. Weight o ~e best of my ~owledge and belief, said person was not engaged in ~e US Milit~ at the time of se~ice. Undersized declares under penalW of perju~ Subscribed ~d sworn to before me this ~heroregoing~=e~dco-ect, _ /~(dayof ~r.h 03. ,200~ Sign~reofSe~ , / / m ) , · APS International, Ltd. / ~/~ ]/~ APS File g: 051502-0001 M~RK J. UDREN & ASSOCIATES BY= Mark J. Udren ATTY I.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of : COURT OF COMMON PLEAS Delaware f/k/a First Union !CIVIL DIVISION Home Equity Bank, N.A. . Cumberland County C/O Rosicki, Rosicki & Associates, P.C. : One Old Country Road, Suite : 200 Carle Place, New York 11514 : Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) AFFIDAVIT OF SERVICE ATTOP~NEY FOR PLAINTIFF NO. 01-6451 Civil Term PURSUANT TO Pa.R.C.P.RDLE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". Ail Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: March 26, 2002 By: ~K J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff ~tRK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS ~ CIVIL DIVISION : Cumberland County ! MORTGAGE FORECLOSURE 'NO. 01-6451 Civil Term AMENDED AFFIDAVIT pURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, 2. Name and address of Defendant(s) in the judgment: Name Address VA 23234 Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address American General Consumer Discount Company Providian National Bank 6 South Hanover Street, Carlisle, Pa 17013 295 Main Street, Tilton, OH 03276 Fifth Third Bank 11 Parkway Ctr #11 Pittsburgh, Pa 15220 ~. Name and address of the last recorded holder of every mortgage record: Name Address of Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest the property and whose interest may be affected by the sale: Name Address in Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 12 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 26, 2002 MARK J. UDREN & ASSOCIATES ~aI~ESQ. Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant(s) ATTOP~NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 Civil Term DATE: February 26, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OWNER(S): KIPP E. ZAHLER PROPERTY: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the ~umtkerlaD~ County Sheriff's Sale on ~, at 10:00 A.M., at the COMMISSONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale~ Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. E HIBIT iht ~_'~ MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS-HIgHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite. 200 Carle Place, New York 11514 Plaintiff ATTORNEY FOR pLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-6451 Civil Term v. : Kipp E. Zahler 3724 Falstone Road : Richmond, VA 23234 : Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. MARK J. UDREN & ASSOCIATES Date: March 14, 2002 Mark J.ren, ESQUIRE Attorney for Plaintiff First Union National Bnnk of Delaware, et. al., Plaintiff(s) 7~ahler, ct. al. Defendnnt(s) MARK J. UDREN Ms. Cara Stears 1040 North Kings Highway Suite 500 Cherry Hill, NJ 08034 Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 AFFIDAVIT OF SERVICE -- Individual Service of Process on: --Kipp E. Zahler Court Case No. 01-6451 Civil Term State of: p~'~',4~/~c~- )SS, County of: ~ame of Se~er: ~ ~ ~o~ ~. , undersigned, being duly swo~, deposes ~d says that at the time of se~[ce, s~e was over the age of ~enW-one, w~ not a pa~ ~o this action; Dat~ime of Se~ice: dayof ~~ ,20~,at 7/0 o'clock /~ M Place of Service: at 3724 Falstone Road ., city of .Richm°nd .,smteof v_~._x Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property Service of Process on: Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: A true and correct copy of thc aforesaid document(s) was served on: K~p E. Zahler ~" By personally delivering them into the hands of the person to be served. [] By delivering them into the hands of suitable age and discretion residing at the Place of Service, whose relationship to the person to be served is , a person of The person receiving do,eu~aents is described as follows: Sex/'~ ;Skin Colo~'//ff~, ~'~t- ; Hair Color"~:f~o~ ; Facial Hair ~,~ Approx. Age '~(6~ ; Approx. Height ;.,~o ° ; Approx. Weight I~0/,~. [~f~ To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Undersigned declares under penalty of perjury Subscribed and sworn to before me this tb, gl~e foregningj, s true and correet~ ] 5P~ day of ~t~ClJ'L.~, 20 O ~ Signature of Server / ~ (Date) N~omm~sston ~xp~res) -/~ APS International, Ltd. -- / ~-/~ 1/~5) ~ (ff APS File #: o$1502-0001 / J EXHIBIT B 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 First Union atl Bk is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 20th day of Feb, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 6451, at the suit of First Union Natl Bk against Kipp E Zahler is duly recorded in Sheriff's Deed Book No. 252, Page 3721. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /r~-'~ay of~_, A.D. 200~_ f 7 ~Recorder of Deeds First Union National Bank of Delaware In The Court of Common Pleas of A/k/a First Union Home Equity Bank, N.A. Cumberland County, Pennsylvania VS Kipp E. Zahler Writ No. 2001-6451 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Kipp E. Zahler, to his last known address of 3724 Falstone Road, Richmond, VA 23234. This letter was mailed under the date of March 12, 2002. The unopened letter was returned to the Sheriff's Office on April 29, 2002 with reason checked "UNCLAIMED." Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 9:09 o'clock A.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofKipp E. Zahler located at 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Permsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $76,000.00 to Attorney Mark J. Udren for First Union National Bank of Delaware. It being the highest bid and best price received for the same, First Union National Bank of Delaware of One Old Country Road, Suite 375, Carle Place, NY 11514, being the buyer in this execution paid SheriffR. Thomas Kline, the sutn of $6,007.76. Sheriff's Costs: Docketing $30.00 Poundage 1520.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 4.14 Certified Mail 11.65 Levy 15.00 Surcharge 20.00 Legal Search 200.00 Law Journal 511.85 Patriot News 366.55 Share of Bills 25.20 Distribution of Proceeds SheriWs Deed 25.00 29__..50 $2830.39 paid by attorney 07/05/02 This 2002, A.D. Sworn and subscribed to before me ~ day of Prothonotary R. Thomas Kline, Sheriff Reap Estate~Deput~~ WRIT OF EXEGUTION' and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' NO 01-6451 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK OF DELAWARE F/K/A FIRST UNION HOME EQUITY BANK, N.A. C/O ROSICKI, ROSICKI & ASSOCIATES, P.C. ONE OLD COUNTRY ROAD, SUITE 200, CARLE PLACE, NEW YORK 11514PLANTIFF(S) From KIPP E. ZAHLER 3724 FALSTONE ROAD RICHMOND, VA 23234 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) Y°u are als° directed t° attach the property of the defendant(s) not Ievied 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 fi-om 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 artaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,651.11 L.L. $.50 Interest FROM FEBRUARY 16, 2002 TO DATE OF SALE JUNE 5, 2002 PER DIEM ~ $30.93 $3,402.30 Atty's Comm % A~Xy Paid $107.80 Plaintiff Paid Date: FEBRUARy 20, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Name MARK J. UDREN, ESQ. Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 REAL ESTATE SALE No. ~ On March 12, 2002 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA known and numbered as 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002 By: Real Estate Deputy SCHEDULE OF DISTRIBUTION SALE NO. 38 Date Filed: July 5, 2002 Writ No. 2001-6451 Civil Tema First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. VS Kipp E. Zahler 583 Grahams Woods Road aJk/a 583 Grahams Wood Road Carlisle, PA 17013 Sale Date: Buyer: Bid Price: June 5, 2002 First UnionNmional Bank ofDelaware $76,000.00 Real Debt: $116,651.11 Interest: 3,402.30 Attorney Costs: 107.80 Total: $ 120,161.21 DISTRIBUTION Receipts: Cash on account (3/12/02): $1,000.00 Cash on account (5/24/02): 500.00 Cash on account (7/05/02): 4,507.76 Credit Writ: 69,992.24 Total Receipts: $76,000.00 Disbursements: To SheriWs Costs: To Legal Search: To Cumberland County Tax Claim Bureau: Credit Writ: Total Disbursement: Balance for Distribution: $2,630.39 200.00 3,177.37 69,992.24 ($76,000.00) 0.00 R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 38 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the cun:ent year 2002. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Kipp E. Zahler and Deborah J. Zahler, his wife, by deed dated March 10, 2000 and recorded April 7, 2000 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 218, Page 1116, granted and conveyed to Kipp E. Zahler. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. U~ecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the road bed of Township Road, T-448, known as Graham's Wood Road, dedicated 25 feet from the centerline. 6. Building set back lines as shown on Final Subdivision Plan for Hobbyhorse Acres, recorded in Plan Book 60, Page 20. 7. Building and use restrictions imposed by deed recorded in Deed Book "R", Volume 34, Page 88, a copy of which is attached hereto. 8. Rights granted to United Telephone Company of PA by instrument recorded in Miscellaneous Record Book 34, Page 88. Miscellaneous 10. Miscellaneous Rights granted to United Telephone Company of PA by instrument recorded in Record Book 282, Page 17. Rights granted to Adams Electric Cooperative by instrument recorded in Record Book 294, Page 802. 11. Mortgage in the amount of $101,300.00 given by Kipp E. Zahler to Parkway Mortgage, Inc. dated March 10, 2000 recorded April 7, 2000 in the Office of the Recorder of Deeds in Mortgage Book 1605 Page 177. Assigned to First Union Home Equity Bank, N.A. by assignment recorded October 5, 2000 in Miscellaneous Record Book 656 Page 634. Complaint in mortgage foreclosure filed by First Union National Bank of Delaware, formerly known as First Union Home Equity Bank, N.A. as Plaintiff against Kipp E. Zahler as Defendant on November 13,2001 in the office of the Prothonotary of Cumberland County to File No. 2001-6451. Default judgment entered February 20, 2002 in the amount of $116,651.11. 12. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $3,157.64 at the time of the subject sale. 13. Judgment in the amount of $1,995.51 entered by American General Consumer Discount Company as Plaintiff against Kipp E. Zahler as Defendant on May 2, 2001 in the Office of the Prothonotary of Cumberland County to file No. 2001-2640. 14. Default judgment in the amount of $12,009.56 entered by Providian National Bank as Plaintiff against Kipp E. Zahler as Defendant on May 31,2001 in the Office of the Prothonotary of Cumberland County to file No. 2001-3328. 15. Complaint filed by Fifth Third Bank as Plaintiff against Kipp E. Zahler and Deborah J. Zahler as Defendants in the Office of the Prothonotary of Cumberland County to file No. 2001-4394. Default judgment against Kipp E. Zahler only entered September 10, 2001 in the amount of $9282.32. 17. Rights granted to Adams Electric Co-op, Inc. by instrument recorded October 4, 1995 in Miscellaneous Record Book 505 Page 423. 18. Real estate taxes accruing on and after July 1,2002 not yet due and payable. 19. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 20. Satisfactory evidence to be produced that the advertisement of the premises for sale was sufficient in spite of the absence of any reference to the improvements on the subject property. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. until countersigned by an authorized signatory. LAW JOURNAL ~ ESTATE SALE NO. 38 Writ No. 2001-6451 Civil First Union Nat/onal Bank of Delaware, f/k/a First Union Home Equity Bank, N.A. Kipp E. Zanier Atty.: Mark J. Udren ALL THAT CERTAIN tract of la.nd ~ltuate in Upper Fraxflcford Town- ~hip, Cumberland County, Permsyl- 'ania, being described as Lot No. 6 CUMBERLAND LAW, JOURNAL of thc Hobbyhorse Acres Subdivi- sion prepared by Douglas S. Brchm, R.S. dated July 23. 1989, and re- corded in Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated ~ght of way line of 50 foot Wide Grahams Wood Road (T-448) at the dividing line between Lots I and 6 on the above-men- tioned Subdivision Plan; thence along said dividing line North 88 degrees 37 minutes 45 seconds East 500.00 feet to a point; thence along same South 01 degree 22 min- utes 15 seconds East 320.00 feet to a point; thence along the dividing line between Lots 6 and 11 on said Plan North 62 degrees 58 rninutas 05 seconds West 357.60 feet to a point; thence along same South 88 degrees 37 minutes 45 seconds West 180.00 feet to a point on the eastern dedicated right of way of Grahams Wood Road; thence along said right of way North 03 degrees 27 minutes 03 seconds West 150.00 feet to a point; the place of Begin- ning. CONTAINING 101,295.32 square feet. UNDER AND SUBJECT to the fol- lowing building and use restr/ctlons: 1. No building or any project/on thereof shall be erected or main- . rained Within ten (10) feet of any side or rear property line. 2. No trailer, mobile home or similar structure may be located on any lot, temporarily or permanently, for any use whatsoever. 3. No adverttsing or display signs shall be erected or maintained on any lot other than the customary 'for rent" and ~f, , or sale signs when the same pertain solely to the premises on which they are located. 4. Nothing shall be done on any lot which is or may become an an_ noyance or nuisance to the neigh- borhood. 5. No lot shall be resubdivided. 6. No urfllcensed vehicle shall be permitted on any lot at any time, unless the Same is stored inside a garage used in conjunction With the principal residence erected on said ' lot. No recreational vehicles shall be permitted to be parked, ternporarlly or permanently, on any street or road. 7. No one-story residence shall be erected which contains less than 1,100 square feet of ]/v~g area. Any one-story residence shall have at- tached thereto a two-car garage. 8. No two-story residence shall be erected which contains less than 1.500 square feet of living area. Any two-story residence shall have at- tached thereto a two-car garage. 9. No more than one {1) single- family private dwelling house, to- gether With garage and accessory structures, shall be erected on any lot. BEING KNOWN AS 583 Grahams Woods Road, a/k/a Grahams Wood Road, Carlisle, PA 17013, PROPERTY TAX PARCEL NO.: 43-05-0419-028. TITLE TO SAID PREMISES IS VESTED IN Kipp E. Zabjcr. by deed from Kipp E. Zahler and Deborah J. Zahier, dated 3/10/00, recorded 4/7/00, in Deed Book 218, Page 1116. MA~LK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 01-6451 Civil Term Defendant (s) : AFFIDAVIT PURSUANT TO RULE 3129.1 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kipp E. Zahler 3724 Falstone Road, Richmond, VA 23234 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address American General Consumer Discount Company Address to follow Providian National Bank Address to follow Fifth Third Bank Address to follow 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest the property and whose interest may be affected by the sale: Name Address in Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 12 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 15, 2002 EN & ASSOCIATES MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 First Union National Bank of Delaware f/k/a First Union Home Equity Bank, N.A. C/O Rosicki, Rosicki & Associates, P.C. One Old Country Road, Suite 200 Carle Place, New York 11514 Plaintiff Vo Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Defendant (s) ATTOR/qEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION : Cumberland County - MORTGAGE FORECLOSURE ' NO. 01-6451 Civil Term ~gQTJ~CE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kipp E. Zahler 3724 Falstone Road Richmond, VA 23234 Your house (real estate) at 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $116,651.11, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NQTICE OF OWNER'S RI~HT~ ~OU MAY BE ABLE TO PREXrENT THIS SHERIFF'S EAI.R To prevent this Sheriff's Sale, you must take imme~ia~ The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attor~ey,s fees. To find out how much you must pay, you may call: (856) 482-g900. You may be able to stop the sale by f~ing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YDU~Y ST/J~L BE~ABL~ TD~A~ 'YO~3R PR0~DU ~ EVE~~ER 'L~!~~~ P LA~LE~ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid ~rice was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER P~FEP..RAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 ALL TEAT CERTAIN TRACT OF LAND SITUATE IN UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING DESCRIBED AS LOT NO. 6 OF THE HOBBI~HORSE ACRES SUBDIVISION PREPARED BY DOUGLAS S. BREH~, R.S. DATED JULY 23, 1989, AND RECORDED IN CUM~ERLAED COU1TTY PLAN EOOK 60, PAGE 20 AND MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS= BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAy LINE OF 50 FOOT WIDE GRAHAMS WOOD ROAD (T-448) AT THE DIVIDING LINE BETWEEN LOTS i AND 6 ON THE ABOVE~ M~NTI01TED SUBDIVISION PLA~; THENCE ALONG SAID DIVIDING LINE NORTH 88 DEGREES 37 MINUTES 45 SECONDS EAST 500.00 FEET TO A POINT; THENCE ALONG SAM~ SOUTH 01 DEGREE 22 MINUTES 15 SECONDS HAST 320.00 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 6 AND 11 ON SAID PLAN NORTH 62 DEGREES 58 MINUTES 05 SECONDS WEST 35?.60 FEET TO A POINT; T~CE ALONG SAME SOUTH 88 DEGREES 37 MI~u~ES 45 SECONDS WEST 180.00 FEET TO A POINT ON THE EASTERN DEDICATED EIGHT OF WAY OF GP,%HAMS WOOD ROAD; THENCE ALONG SAID RIGHT OF WAY NORTH 03 DEGREES 27 MINUTES 03 SECONDS W~ST 150.00 FEET TO A POINT; THE PLACE OF BEGINNING. CONTAINING 101,295.32 SQUARE FEET. UNDER A~D uu~JECT TO THE FOLLOWING BUILDING ~ USE RESTRICTIONS= 1. NO BUILDING OR ANY PROJECTION THEREOF SHALL BE ERECTED OR MAINTAINED WITHIN TEN (10) FEET OF ANY SIDE OR REA~ PROPERTY LINE. 2. NO THAILER, MOBILE HOME OR SIMILAR STRUCwuaE HAy BE LOCATED ON ANY LOT, TEMPORARILY OR PEP/~tNENTLY, FOR ALTyUSEWHATSOEVER. 3. NO ADVERTISING OR DISPLAY SIGNS SHALL BE ERECTED OR HAINTAINED ON ANY LOT OTHER THAN THE CUSTOMARy "FOR RENT" AND "FOR SALE" SIGNS WHEN ~ SAME PERTAIN SOLELY TO T~E PREMISES ON~-HICH THEy ARE LOCATED. 4. NOTHING SHALL BE DOME ON ANY LOT WHICH IS OR HAY BECOME AN ANNOYANCE OR NUISANCE TO THE NEIGHBORHOOD. 5. NO LOT SHALL BE RESUBDIVIDED. 6. NO UNLICENSED VEHICLE SHALL BE PERMITTED ON ANY LOT AT ANY TIME, UNLESS THE SAME IS STORED INSIDE A GARAGE USED IN CONJUNCTION WITH THE PRINCIPAL RESIDENCE ERECTED ON SAID LOT. NO RECREATIONAL V~HICLES SHALL BE PERMITTED TO BE PARKED, TEMPORARILY OR PERMANENTLY, ON ANY STREET OR ROAD. 7. NO ONE-STORY RESIDENCE SHALL BE ERECTED WHICH CONTAINS LESS THAN 1,100 SQUARE FEET OF LIVING AREA. ~NY ONE-STORY RESIDENCE SHALL HAVE ATTACHED THERETO A TWO-CA~ GARAGE. 8. NO TWO-STORY RESIDENCE SHALL BE ERECTED WHICH CONTAINS LESS THAN 1,500 SQUARE FEET OF LIVING ARHA. AR~ TWO-STORY RESIDENCE SHALL HAVE ATTACHED THERETO A TWO-CAR GAi~AGE. 9. NO MORE THAN ONE (1) SINGLE-FAMILY PRIVATE DWHLLING HOUSE, TOGETHER WITH GARAGE AND ACCESSORY STRUCT~KES, SEALL BE ERECTED 0NANY LOT. BEING KNOWN AS 583 GRAk{AMS WOOD---S ROAD A/fA GPJLFIAMS WOOD ROAD, CARLISLE, PA 17013. PROPERTY TAX PARCEL NO.: 43-05-0419-028 TITLE TO SAID PREMISES IS VESTED IN KIPP E. ZA/~LER, BY DEED FROM KIPP E. ZAHLER A_ND DEBORAH J. ZAHLER, DATED 3/10/00, RECORDED 4/7/00, IN DEED BOOK 218, PAGE 1116. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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-New,~ 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 daiJy and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 COPY S A L E #38 REAL E~TATE 8ALE Writ ~o. ClvllTsrm KI~ Ho~y~ A~ su~s~ ~ by S.,Bm~, ~S, in ~m~l~ C~n~ ~e ~d ~ ~lly ~ ~d ~ ~ BEG~G at a ~nt on That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. P U B L I CATI O N ~_~_ .,.~,, .______________~....~. ~?.. ~...~-:..~/. .............................. ;' .................. S~torn to and sUi~o~r~i~ ~dealbetore me trii.~b, day of~M~. A.D. J My Commission Expires June 6, 2002 I NOTAF~? PUBLIC Mern'oer, Pennsylvania Association o! Not~V. cornrnission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 Probating same Notary Fee(s) Total $ 364.80 $ 1.75 $ 366.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The nda Patriot-N ws, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA.. COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and 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 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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 ESTATE SALE NO. 38 Writ No. 2001 6451 Civil First Union National Bank of Delaware, f/k/a First Union Home Equi[y Bank, N.,~ VS. Kipp E. Zahler Atty.: Mark J. Udren ALL 'DL~T CERTAIN tract of Lalld situate in Upper Frankford Town ship, Cumberland County, Pennsyl vania, being described as Lot No. 6 of the Hobbyhorse Acres Subdivi- sion prepared by Douglas S. Brehm, R.S. dated duly 23. 1989, and re- corded in Cumberland County Plan Book 60, Page 20 and more fully bounded and described as follows: BEGINNING at a point on the eastern dedicated right of way line of 50 foot wide Grahams Wood Road (T-448) at the dividing line between Lots 1 and 6 on the above-men tloned Subdivisian Plan: thence R/oger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 .day of MAY, 2002 Cadts~ ~t0m, Cl,~tand Courtly I WRIT OF EXEGUTION' and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6451 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST UNION NATIONAL BANK OF DELAWARE F/K/A FIRST UNION HOME EQUITY BANK, N.A. C/O ROSICKI, ROSICKI & ASSOCIATES, P.C. ONE OLD COUNTRY ROAD, SUITE 200, CARLE PLACE, NEW YORK 11514PLANTIFF(S) From KIPP E. ZAHLER 3724 FALSTONE ROAD RICHMOND, VA 23234 (l) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,651.11 L.L. $.50 Interest FROM FEBRUARY 16, 2002 TO DATE OF SALE JUNE 5, 2002 PER DIEM ~ $30.93 $3,402.30 Atty's Comm % Atty Paid $107.80 Plaintiff Paid Date: FEBRUARY 20, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name MARK J. UDREN, ESQ. Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 REAL ESTATE SALE No. ~ On March 12, 2002 the sherifflevied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA known and numbered as 583 Grahams Woods Road a/k/a 583 Grahams Wood Road, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2002