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Home My WebLink About08-4647 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 /CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 Plaintiff ':Cumberland County V. Margaret K. Driver rl 833 Old Silver Spring NO. (?$ - ?(oy7 ?'?vil Terri Mechanicsburg, PA 17055 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: MTG Finance, LLC Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 833 Old Silver Spring MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg COUNTY: Cumberland DATE EXECUTED: 7/20/07 DATE RECORDED: 8/22/07 DOCUMENT NO: 200732915 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said mortgage as of 7/9/08: Principal of debt due $73,894.87 Unpaid Interest at 9.25% from 3/1/08 to 7/9/08 (the per diem interest accruing on this debt is $18.97 and that sum should be added each day after 7/9/08) 2,448.46 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges (monthly late charge of $29.25 should be added in accordance with the terms of the note each month after 7/9/08) 175.50 BPO 111.00 Attorneys Fees (anticipated and actual to 5% of principal) 3,694.74 TOTAL $80,929.57 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If*the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $80,929.57 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. BY A U J I11 AAA UoU Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as ',walnut villas Condominium- located in the Borough of Mechanicsburg, County of Cumberland,, COemonwealth of paaruylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.COns. Stat.Ann. 553101 At aQ. (pardon supp. 1987), by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1085, and recorded on August 14, 1983, in Kiseallaneous Book Vol. 306, page 147, which Declaration has ban amended by a First Amendment to Declaration of Condominium dated Deomd2m= 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous book 313, past 133, and further amended by a Seoond Amendment to Declaration of Condominium dated March 23, 1967 and recorded an March 27, 1987, in the aforesaid office at Miscellaneous Book 231, page 933, and further asandad by a Third Amendment to Declaration of condominium dated June 12, 1987 and recorded on June 12, 1987 in the atoroqaid office at Miscellaneous Book 335, pass 783, being we designated in such Declaration, as amended by such First Amendment and second Amendment and Third Amendment, as Unit No. 633 as more fully describsd in such Declaration, as smendad by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such condominium as set forth in such. Declaration as amended by the First Amendm mt and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, sasamanto and agrsamants.of record, including (but not limited to) those contained in the instruments recorded in that aforesaid office in Misnallansous Book VOL. 304, page 227, and Miscellaneous Book Vol. 304, pegs $66. TOGETEER with all end singular the Stresta, Alleys, Passages, ways, waters, watercourses. Rights, Liberties Privileges, Bereditaaants and AAppppurt*nanoes vhatsoovar thereunto io2 ging.or in anyv::do - appertainir* isa the`Reversions and Remainders, Rents, Issues Profits thereof; and all the Estate, right, title, interest, property, claim and demand whatWMVar of the said orantors, in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. OCWEN Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 June 02, 2008 W W W.OCWEN.COM VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515121465614 Reference Code: 0805 Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055-0000 Loan Number: 6365084 Property Address: 833 Old Silver Spring Road, Mechanicsburg, PA 17055-0000 PLEASE SEE THE ENCLOSED DOCUMENT EXHiBrr Q DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. E EM OCWEN Loan Servicing, LLC 12650 Ingenuity Drive a C we. Orlando, Florida 32826 WWW.OCWEN.COM June 02, 2008 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the vroeram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN' THIRTY (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 Counseline Aeencies servine your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housine Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearine can call (717) 780-1869). This Notice contains important leeal information. If you have any questions, representatives at the Consumer Credit Counseline Agency may be able to help explain it. You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CENTER CURRENT LENDER/SERVICER: Margaret K. Driver 833 Old Silver Spring Road Mechanicsburg, PA 17055-0000 6365084 FIRST NLC FINANCIAL SERVICES, LLC. DBA THE LENDING OCWEN DACT91.11 APPENDIX A This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. OCWEN Loan Servicing, LLC jµ 12650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE', ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE' ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency, listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the counh^ in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your 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 Program. To do so, you must fill out, sign and file a completed Homeowner's, Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED., 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 your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.111 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. Gil OCWEN Loan Servicing, LLC 12650 Ingenuity Drive Orlando, Florida 32826 a C +, a w WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 833 Old Silver Spring Road, Mechanicsburg, PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 payments in the amount of $ 585.09 from April 01, 2008 through June 02, 2008 DETAIL SUMMARY : Principal and Interest ................................. $ 1,170.18 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 0.00 Late Charges ........................................... $ 146.25 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 20.84 Suspense Balance (CREDIT) ........................ $ 0.00 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 1,337.27 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,337.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram Cashier's Check, Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights 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, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. 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 the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pav attornev's 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 SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. -,. OCREN Loan Servicing, LLC j 12650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 33416-4737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY : J 4? 1jAA IIdLJ4I,0ZVr!Mf L lJ Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ? ? ..) ., . N ?i _ .. . SHERIFF'S RETURN - REGULAR CASE NO: 2008-04647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MTG FINANCE LLC VS DRIVER MARGARET K STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon nVTTTRA MAPr- P T V the DEFENDANT , at 0010:05 HOURS, on the 9th day of August 2008 at 833 OLD SILVER SPRING MECHANICSBURG, PA 17055 by handing to MARGARET DRIVER DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 9) b q/0 r 4, So Answers: 18.00 11.00 .00 10.00 .Th mas K ine .00 39.00 08/11/2008 UDREN LAW OFFICES Sworn and Subscibed to before me this of By: day Deputy Sheriff , A. D. UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF MTG Finance, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 :Cumberland County Plaintiff :MORTGAGE FORECLOSURE V. Margaret K. Driver NO. 08-4647 Civil Term 833 Old Silver Spring Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Margaret K. Driver for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 7/10/08 to 9/13/08 Late charges per Complaint From 7/10/08 to 9/13/08 $80,929.57 1,252.02 58.50 TOTAL $82,240.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. UDREN LAW OFFICES,, P.C. ?BY: ???il ?a/ ,1J e, Attorneys for PIYiYitiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED A DATE : 9 l? OS PRO PR HY UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 Q LOUIS A. SINONI, ESQUIRE - ID #200869 c?F WOODCREST CORPORATE CENTER `._.. r: 111 WOODCREST ROAD, SUITE 200 u' :? _ :P { CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsOudren.com MTG Finance, LLC :COURT OF COMMON PLEAS .., < 12650 Ingenuity Drive :CIVIL DIVISION Orlando, FL 32826 Plaintiff Cumberland County V. Margaret K. Driver ' 833 Old Silver Spring NO. C8 - 41oq? 0'iv; I -Fern, Mechanicsburg, PA 17055 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ?-o 1i SHERIFF'S RETURN - REGULAR CASE NO: 2008-04647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MTG FINANCE LLC VS DRIVER MARGARET K STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DRIVER MARGARET K the DEFENDANT , at 0010:05 HOURS, on the 9th day of August 2008 at 833 OLD SILVER SPRING MECHANICSBURG, PA 17055 by handing to MARGARET DRIVER DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 .00 39.00 Sworn and Subscibed to before me this day of , So Answers: ae? - 4t/?Z- .Th mas ine 08/11/2008 UDREN LAW OFFICES By: Deputy Sheriff A.D. UD9= LAW OFFICES, P.C. MASU J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHAIDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 +IefA4nUa ran com MTG Finance, LLC Plaintiff V. Margaret K. Driver Defendant(s) TO: Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 Date of Notice: September 2, 2008 IMPORTANT NOTICE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-4647 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YO{JR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCfES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION EL TRIBUNAL PODRA SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA DfCTAR SENTENCIA EN SU CONTRA USTED PUEDE PERDER BIENES Y OTROS DERECHOA IMPORTANTES. DEBE LLE?AR ESTA NOTIFICACION A UN ABOGADO IMMEDIAT)VAENTE SI USTED NO TIENE ABOGADO O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAMh POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Stuart Winneg, Esquire Lorraine Doyle, Esquire Alan M. Minato, Esquire Chandra M. Arkema, Esquire Louis A. Simoni, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 V. = Margaret K. Driver 'CQ?M 833 Old Silver Spring NO. $-\4kjy C,i Vl Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF MTG Finance, LLC :COURT OF COMMON PLEAS 12650 Ingenuity Drive =CIVIL DIVISION Orlando, FL 32826 ,Cumberland County Plaintiff ,.MORTGAGE FORECLOSURE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, Na 08003-3620 856-482-6900 STATE OF COUNTY OF 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: AFFIDAVIT OF NON-MILITARY SERVICE Margaret K. Over 18 As captioned Unknown Sworn to and subscribed offore me this 1a20a r, ?--` Notary Public " d bride a . . QTR DD5ss550 4a4d?` Ex 087812010 Driver abov Name : q na V. Title: cec Lo, Company : .., r1 ? C V i cti ? ?1?. r.? Pn r V rr a o t~; a t? N UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF -MARK J. UDREN, ESQUIRE - ID #04302 'STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKENA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. ::Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver . Defendant(s) :NO. 08-4647 Civil Term TO: Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania , ou are hereby notified that a Judgment has been entered 'n in the above proceeding as indicated below. fro t ono ary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 WREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC =COURT OF COMMON PLEAS Plaintiff ':CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver =NO. 08-4647 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $82,240.09 Interest From 9/14/08 3,262.84 to Date of Sale March 4, 2009 Ongoing Per Diem of 18.97 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. BY Attorney"s for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 9 O O -Te c r. ? ? c a p w v? Q p G ? d C O C= D Ln -0 1-4 ra ism UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver :NO. 08-4647 Civil Term Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) X C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: X A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant(s) is (are): X A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY!/ 1?.?lil J .1.1?G Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE A sx ? -rJ 5 tra „>, ?-- C17 I -E V UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC -:COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver :NO. 08-4647 Civil Term Defendant(s) C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. -I .1 E IM Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE rp t? m CA) J _ . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. ::Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver :NO. 08-4647 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 MTG Finance, LLC, 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: 833 Old Silver Spring Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the record: Name last recorded holder of every mortgage of Address MTG Finance, LLC Mortgage Electronic Registration System, Inc. 12650 Ingenuity Drive Orlando, FL 32826 P.O. Box 2026, Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address 1 None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 833 Old Silver Spring Mechanicsburg, PA 17055 Walnut Villas Condo Assoc. Address to follow I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 13, 2008 UDREN LAW OFFICES, P.C. BY: ,I Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE C= -n *rt r > ? c°. ? ro 1 21 - CA UDREN LAW OFFICES P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. ::Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver NO. 08-4647 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 Your house (real estate) at 833 Old Silver Spring, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on March 4, 2009, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $82,240.09, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled back payment, late charges, fees. To find out how much (856)-669-5400. if you pay to the mortgagee the costs and reasonable attorney's you must pay, you may call: 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 4 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Dleadinas@udren.com MTG Finance, LLC Plaintiff V. Margaret K. Driver Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-4647 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Margaret K. Driver PROPERTY: 833 Old Silver Spring, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on March 4, 2009, at 10:00 A.M., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 ` LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Margaret K. Driver Defendant(s) NO. 08-4647 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: September 13, 2008 UDREN LAW OFFICES, P.C. BY:rm L. 'a&'A. Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and' correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: AUG 12 2008 Name : Anna V. Jime Title: -fer Company: CDcAAXI1 Lc Margaret K. Driver Loan #6365084 MJU #08070581-1 9"I'li k-v.-{ c V- ,?:e r'v i c k vlc? 11 r- G °T x WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MTG FINANCE LLC Plaintiff (s) From MARGARET K DRIVER 833 OLD SILVER SPRING MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 82,240.09 L.L.$0.50 Interest FROM 9/14/08 TO DATE OF SALE MARCH 4, 2009 $ 3,262.84 ONGOING PER DIEM OF $18.97 - TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE Atty's Comm % Atty Paid $158.00 Plaintiff Paid Date: SEPTEMBER 15, 2008 (Seal) Due Prothy $2.00 Other Costs Curtis . Deputy REQUESTING PARTY: Name CHANDRA M ARKEMA ESQ Address: 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN-LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF NARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY SILL, NJ 08003-3620 856-669-5400 MTG Finance, LLC :COURT OF COMMON PLEAS :CIVIL DIVISION Plaintiff E Cumberland County V. Margaret K. Driver NO. 08-4647 Civil Term Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: December 19, 2008 P.C. UDREN, LAW O?F/F?Ii1'IA CEES 0)) BY:J? 1/l,rI a Attorneys"for P1Rintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com MTG Finance, LLC =COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION V. :Cumberland County :MORTGAGE FORECLOSURE Margaret K. Driver :NO. 08-4647 Civil Term Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 MTG Finance, LLC, 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: 833 Old Silver Spring Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address MTG Finance, LLC 12650 Ingenuity Drive Orlando, FL 32826 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration System, Inc. 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 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Walnut Villas Condo Assoc. 833 Old Silver Spring Mechanicsburg, PA 17055 921 Old Silver Spring Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: December 19, 2008 UDREN LAW OFFICES, P.C. BY :r)VJ11 J1 "1I 1k' Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 MTG Finance, LLC Plaintiff V. Margaret K. Driver Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 08-4647 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Margaret K. Driver PROPERTY: 833 Old Silver Spring, Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on March 4. 2009, at 10:00 A.M., in the Commissioners Hearing Meeting Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A O ? ?m ?a zm Nu.. 7tb? ,0 Eva m 0 i g" 0 M a'? d o Wys`, cm E? ? m w LU V N O ? c o +? a w oo?° w ooh a az 4 O J O Z W c -3 V ? p ? 4- e[ C 1 Nye E ui ? = U4Z . 0 4 U.0cej O J N p0 c UN Y v ! ul, Z c m 3 7 Z V r aID VaSO ?pflBU 07- S i 0 a ¢z rn v r ??N r cV CD Z ?U £ o g ? a ?'ti~cco t6 ?g?t a N ?+ ? v M Q qL O C E c c a - S a m c . ' m v a w e ? v a c ro E ,? ? o ?R 5 a ?' c? a m N O .? a m 3m w=$, O ? ° ? ` ??/s? m ?CC ? CC B W W O 2f 0 N ? r c w a ?,• 0 o'g?N O °a??a9mg C 009 . m c ri ... S Ogg z F--? Y a o ay i w E o o ? Z d O c ? 1L m c o ? a chi .a N ? r Z ~ ? ` s s a? N u.- am M 0 mnN ? ? cD 0 LL cl) ?H1B?T A n r r co co N to m m 2 . m m } LL Y E rz S m LL N .n o a v $ ' m N w 0 cr 0 ? m ? ? O a? $ ? v E ? c ? p m ^ N ? t U C C 9 c? W O ? W a. W C? O G p d ?m C3 C3 WL =U o L_ , m E m C uwl SY ? ? ? c m a N ? Q ? c U ?? ? ? V cc 5 a s H N C-4 tm 4 ? c ? W fJ ? ? ?^ ? C o '? cb N G N O W as m Q `2 o v O Z c c u. L6 -1 t? M N U 0 s = (t ? N 3m m rn > CL ?3 z 3in? r E U ? m c ism-&'6 O ? V 0 a m „y c° E? $?m c e n W m ? 2 E79 o o ? c -? V SC'c° o? N m o? Cp Tx > C aN 47 0 0 " o c m V ? ? W H m S 6 o m p v ?" ?tA wo r? s ? 9,gvisoa = 1 W01.4 PaSleW £OQ$4 r^? 1 VVY'+? ?? ? ?N EOp8o1 9L?6LS9ZH944 ?? m a c S. m O m m Al m o ? W E p? G 0 a O ; E N O IL O a N N \J - N o? E-a IS z ?a o O LO o C14 r t N OD O M t0 "1 lerr A ffi a 8 m mm r ay ?a c 0 1 rn Z 0) U- M E O LL cn a n c U O LO O N m L Q m ca 2 G;a 77 %'r" UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com i MTG Finance, LLC :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. Margaret K. Driver Defendant :NO. 08-4647 Civil Term PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE. DATED: February 16, 2009 UD LAS FFI ES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE c j 4. C6 ( t._.1 Z".3 '4T MTG Finance, LLC VS Margaret K. Driver In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4647 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Chandra Arkema. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Milage Levy Surcharge Cumerland Law Journal Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff 30.00 24.48 15.00 15.00 .50 2.00 21.60 15.00 20.00 569.00 520.34 15.52 1248.44 loco to a6 J d'? Real Estate Coordinator 1114 q 1 S 01I'd Z- ?I W 613Z . J [_ x-114 II UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYELE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadingsoudren.com MTG Finance, LLC Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Margaret K. Driver Defendant(s) NO. 08-4647 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 MTG Finance, LLC, 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: 833 Old Silver Spring Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Margaret K. Driver 833 Old Silver Spring Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address MTG Finance, LLC 12650 Ingenuity Drive Orlando, FL 32826 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration System, Inc. 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 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants Walnut Villas Condo Assoc. 833 Old Silver Spring Mechanicsburg, PA 17055 Address to follow I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 13, 2008 UDREN L?AAW? OFFICES, P.C. BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE,.ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE YOU MAY STILL BE ABLE TO SAVE XQ PAQ$?.R'?' AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Iff, 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 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY qF CUMBERLAND) NO Civil 68 4641 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MTG FINANCE LLC Plaintiff (s) From MARGARET K DRIVER 833 OLD SILVER SPRING MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 82,240.09 L.L.$0.50 Interest FROM 9/14/08 TO DATE OF SALE MARCH 4, 2009 $ 3,262.84 ONGOING PER DIEM OF $18.97 - TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE Atty's Comm % Atty Paid $158.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: SEPTEMBER 15, 2008 (Seal) REQUESTING PARTY: Name CHANDRA M ARKEMA ESQ Address: 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 A'&. J.--2 ??i I a RCurfif-R. Lon notary By: Deputy ti Real Estate Sale #26 On November 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumber d Couay, PA Known and numbered as 833 Old Silver Spring Rd., l A=Jcsbuirg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein Date: N 6, By: Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 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 stater Es as to time, place and chwacter of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 13 day of February 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28,' 2010 I 10040"' so Writ No. 2008-4647 Civil MTG Finance, LLC VS. Margaret K. Driver Atty.: Mark Udren ALL THAT CERTAIN u" in th* luawn, nonud and MaN 1- I; Dedwati n rehr"04 to bd w ar `wainut Vibes Coodan*q- tuW WeeNd is the Dwwa* of W Commonwealth -of PennslrPretnla, which has heretofore been submit- ted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.Cons. Stat.Ann. 993101 et seq. (Pardon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985, in Miscellaneous Book Vol. 308, page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933, and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Dec- laration, as amended by such First Amendment and Second Amend- ment and Third Amendment, as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amend- ment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amend- ments thereto hereafter recorded in the aforesaid office. U Non awagmeft D R AI?tD allgjtCT to any tom, ' mss, t04ftic- god aMtMMR _ tt and 14tisceaneous Book val. 304, page 566. TOGETHER with all and the Streets, All mar Waters Watercours PPassage&, Ways, Liber- ties, Privileges, Her ediamen and App urtenances whatsoever. thets n and belonggr or in and ';*Versions and R ?, Rents, Issues and Profits thereof; and all the Estate, right, title, interestproperty, claim and demand what-' of the said Grantors, in law, equity, or otherwise how, of, M and to the same and every p thereof. BEING KNOWN AS: 833 OLD SILVER SPRING, MECHAM PA 17055. CSHURf}, PROPEERTy ID NO.: 18-22-0519- 01.-U-P833. TITLE TO SAID PREMISES IS VESTED IS VESTED IN Margaret K. Driver by deed from Roy W. Driver and Alice M. Driver dated 8/ 12/ 1997 recorded 8/13/1997 in Deed Book 162 Page 794. i he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the patriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 26 Writ No. 2008-4647 Civil Term MTG Finance, LLC VS Margaret K. Driver Attorney Mark Udren LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland. Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. §3101 et seg. (Pardon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30. 1985, and recorded on August 14, 1985 in Miscellaneous Book Vol. 308 page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23. 1987 and recorded on March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933 and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12, 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way. easements and agreements of record including but not limited to ) those contained in the instruments recorded in the aforesaid office in Miscellaneous Book Vol. 304. nave 227. and This ad ran on the date(s) shown below: 01/21109 A .............. . r Sworn to and subs ed before me this 25 day of February, 2009 A.D. Notary Public 01/28/09 02/04/09 Shern; t . ,r;x> 14ctaty Public c +rQ, L)auohin !'i0lM?ty City Oi t-lern. '.' C:orrsrdssit ^ F, t;iirn ; Jov. 28, 2011 Member, Pennsyl,i; "' °",i9Uon of Notaries sroGnt IUIUCf 5 or iu Nvu. -- _. in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, F'age PUBLICATION COPY REAL ESTATE SALE NO. 26 Writ No. 20084647 Civil Term MTG Finance, LLC VS Margaret K. Driver Attorney Mark Udren LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced to below as "Walnut Villas Condominium" located in the Borough of Mechanicsburg, County of Cumberland. Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. §3101 et seg. (Pardon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. of a Declaration of Condominium dated July 30. 1985, and recorded on August 14, 1985 in Miscellaneous Book Vol. 308 page 147, which Declaration has been amended by a First Amendment to Declaration of Condominium dated December 31, 1985, and recorded on December 31, 1985, in the aforesaid office at Miscellaneous Book 313, page 133, and further amended by a Second Amendment to Declaration of Condominium dated March 23. 1987 and recorded on March 27, 1987, in the aforesaid office at Miscellaneous Book 331, page 933 and further amended by a Third Amendment to Declaration of Condominium dated June 12, 1987 and recorded on June 12. 1987 in the aforesaid office at Miscellaneous Book 335, page 283, being and designated in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment, as Unit No. 833 as more fully described in such Declaration, as amended by such First Amendment and Second Amendment and Third Amendment together with a proportionate undivided interest in the Common Elements of such Condominium as set forth in such Declaration as amended by the First Amendment and Second Amendment and Third Amendment and any further amendments thereto hereafter recorded in the aforesaid office. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements and agreements of record including ( but not limited to ) those contained in the instruments recorded in the aforesaid office in Miscellaneous Book Vol. 304, page 227. and Miscellaneous Book Vol. 304, page 566. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditamems and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues Ad Profits thereof-, and all the Estate, right, title, interest. property, claim and demand whatsoever, of the said Grantors, in law, equity, or otherwise howsoever, of , in and to the same and every part thereof. BEING KNOWN AS: 833 OLD SILVER SPRING, MECIMCSBURG, PA 17055 PROPERTY ID NO.: 18-22-0519-01. -U-P833 TITLE TO SAID PREMISES IS VESTED IN MARGARET K. DRIVER BY DEED FROM ROY W. DRIVER AND ALICE M. DRIVER DATED 8/1211997 RECORDED 8113/1997 IN DEED BOOK 162 PAGE 794. This ad ran on the date(s) shown belt . . . . . . . . . . ?J?- Sworn to and su ed before me this 25 day of February, 2009 A.D. Notary Public Shell-' L.. v I;t3cN Public City Of Harris,.-, ,r? O err, in CountY N1y stf , F rs l?Iov. 28, 2011 -aiation of Noted Member, Pennsyi,;,