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Home My WebLink About01-0820MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATT¥ I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County 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 CA,NOT AFFORD OITE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 AWI~0 Le hah demandado a usted en la corte, si usted guiere defenderse de estas demandas expuestas en las paginas sigl/ientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A DNABO~ADO IM~nIATAMENTE, SI NO TIENE ABO~ADO O SI NO TIENE EL DINERO SUFICIENTE DE PA~AI~ 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 17013-3387 717-249-3166 or 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 f'wm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obta'med 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: American Home Improvement Products, Inc. Assignee: TMS Mortgage Inc., dba The Money Store Recording Date: 10/27/98 Book: 592 Page: 1067 Assignor: TMS Mortgage Inc., dba The Money Store Assignee: Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I Recording Date: LODGED FOR RECORDING Book: Page: 2. Defendant(s) is the individual desig~nated 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 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4 North Enola Drive MUNICIPALITY/TOWNSHIP/BOROUGH: East Pennsboro Township COUNTY: Cumberland DATE EXECUTED: 7/27/98 DATE RECORDED: 10/27/98 BOOK: 1492 PAGE: 164 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, to~ether with other char~es 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 failin~ or refusin~ to pay the installments of principal and interest when due in the amounts indicated below; (b) by failin~ or refusin~ to pay other char~es, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 2/5/01: Principal of debt due and unpaid $18,700.49 Interest at 12.34% from 6/13/00 to 2/5/01 (the per diem interest accruin~ on this debt is $6.32 and that sum should be added each day after 2/5/01) 1,504.16 Title Report 250.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $0.00 and that sum should be added on the first of each month after 2/5/01) 825.95 Late Charges (monthly late charge of $5.00 should be added on the fifteenth of each month after 2/5/01) 0.00 Corporate Advance 1,817.86 Attorneys Fees (anticipated and actual to 5% of principal) 935~D2 TOTAL $24,313.48 7. The atto~ey's fee set forth above are in confo~ity with the mortgage documents and Pennsylvania law, ~d 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 re~lar mail, in accordance with the retirements 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 $24,313.48 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 IJ. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 P 9311 116 658 3uly 14, 2000 NFCL65243032 Fay L. Malsced 4NEnolaDr Enol~ PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morttmRe on your home is in default, and the lender i~tends to foreclose. Specific information about the nature of the default is nrovided in the attached pages. The Homeowners' Emergency Mort~,aee Assistance Proeram tHEMAP} may be able to held to save your home. This notice exnlains how the Drogram works, To see if HEMAP can help yon, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY' WITHIN 30 DAYS OF THF~ DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and nhone number of Consumer Credit Counseline Agencies servine your county are listed at the end of this Notice. Ifvnu have any uuestions, you may call the Pennsylvania Flnusin~, Finance Agency toil free at 1-800-342-2397 (persons with imnaired 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 End a lawyer. La Notiflcaion en adiunto es de suma imnortancia, pues afecta su derecho a contlnuar viviendo en su casa. Si no core,reade el contenido de esta notlficion obtenea una tradueeion immedlatamente Ilamando esta atencia (Pennsylvania Housing Finance A::encv) sin car~os al numero mencionado arriba. Puedes set el~ible Data un nrestamo por el oroarama Ilamado "Homeowners' Eme~cncy Mortgage Assistance Pro, ram' at cual uuede salvar su casa de la nerdida del derecho a redimir su hivoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER Fay L. Malseed 4 N Enola Dr Enola, PA 17025 65243032 TMS Mortgage Inc. Tho Money Store P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800-795-5125 Ext. 10302 ~ ; A · age two NFCL65243032 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM a"OU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE_MORTGAGE PAYMENTS, _~F YOU COMPLY WITH THE PROVISION OF TIlE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ~.CT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 1F 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 1F YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING i:INANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled 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-lo-face' meeting ~ith nne of the designated cnnsumer counseling agencies listed at the cad of this Notice. THIS MEETING MUST OCCUR 'WITHIN THE NEXT THIRTY (30I DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU 3~IUST BRING YOUR MORTGAGE UP T~O DATE. THE PART OF THIS NOTICE CALLED "HOW TO CUP~E YOUR 3~4ORTGAGE 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 credit -counseling agencies listed at the end of this Notice, the lender may NOT take farther action against you for THIRTY (30) days after abe date of this meeting. The names, addresses and telephone numbers ofdasi£nated consumer counselin~ a~ancies 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 immediate_~ of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific informatinn about the nature of your default). If ynn have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance fzom the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, and sign and file a completed Homeowners' Emergency Assistance 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 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 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 thc 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 additional time, no forecinsure 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. 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 Assislance) ~age three NFCL65243032 :4OW TO CURE YOUR MORTGAGE DEFAULT (Bring it ut~ to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 4 N Enola Dr Enola, ~A 17025 IS SERIOUSLY IN DEFAULT because: ~'OU HAVE NOT MADE MONTHLY MORTGAGE f'AYMENTS and the following amounts are now past due: Delinquent Payment Balance: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 07/13/2000: $752.91 $,00 $119.86 $.00 $872.77 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): liOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING 2FHE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, FLUS ANY MORTGAGE PAYMENTS AND LATE ~HARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable to: I~egula r MaiL: TMS Mortgage Inc. Box 96053 ~harlotte, NC 28296-0053 Overnight Mail: FI~NB Lockbox 96053 1525WestW. T. Harris Blvd. Charlotte, NC 28262-0053 'Yon 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.) 1F YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this leuer date, the let~der i~tends to exercise its right to accelerate the mort~tage debt. This means that the entire outstanding balance of this debt will be ~onsidared due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount so( default is not made within THIRTY (30) days oftha letter date, TMS Mortgage, lac,, also intends to instruct their attorneys to start legal action to foreclose noon your raortnaRed nrooertv. lie THE MORTGAGE 1S FORECLOSED UPON- The mortgaged property will he sold by the Sheriffto pay offthe mortgage ~lebt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you ',~vill have to pay the reasonable attorney's fees actually incurred up to $50.00, However, if legal proceedings are started against you, ~,ou will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added the amount you owe the lender, which may also include their reasonable costs, lfvou cure the default within the THIRTY (30) IDAY period, you will not be required to nay attorneys' fees. ~OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due the Mortgage. JilGHT 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 SheriWs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, ~reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as ~pecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the -~nanner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. -EARLIEST POSSIBLE SHERIFF'S SALE ~)ATE- It is estimated that the earliest date that such 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 oftha Shariff~s Sale will be sent to 2you 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 lender. ?age four l-IOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL Name of Lender: The Money Store · a, ddress: FUNB LOCKBOX 96053 ~ity, State, Zip Charlotte, NC 28262-0053 Telephone Nt~mber: 800~795-5125 Ext. 10302 leacsimile Number: 916-617-0655 NFCL65243032 l~FFECT OF SHERIFF'S SALE- You should realize that a SheriWs sale will end your ownership of the mortgaged property and ~,our right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your fi~rniture and ~other belongings could be started by the lender at any time. ..4SSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. Provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the ,other requirements of the mortgage are satisfied. ~'OU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE 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. (HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT 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 THE FEDERAL BANKRUPTCY LAW. -YHE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. THE MONEY STORE" P 931 116 657 July I4, 2000 NFCL65243032 0065243032NBRC Ray E. Malseed Sr 4 N Enola Dr Enola, PA 17025 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortRane on your home is in defaulL and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pares. The Homeowners' Emergency Mort.aDc Assistance Proeram (HEMAP't may be able lo help to save your home. This notice explains how the orogram works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling aeencv. 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 uuestions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with imoaired 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 adiunto es de suma importancia. Dues afecta su derecho a continuar viviendo en sn casa. Si no comDrende el contenido de esta notiflcion obtenga una traduccion immedlatamente Ilamando esta agencia (Pennsylvania Housing Finance A~encv) sin carRos al numero mencionado arriba. Puedes set elegible Darn un orestamo DOt el Dronrama llamado "Homeowners' Emernenev Mortgage Assistance Prouram' al cual puede salvar su casa de la perdida del derecho a redimir su hiooteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER Ray E. Malseed Sr 4 N Enola Dr Enola, PA 17025 65243032 TMS Mortgage Inc. The Money Store P. O. Box 96053, Charlotte, NC 28296-0053 Phone: 1-800~795-5125 Ext. 10302 ~age two NFCL65243032 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. 1F YOU COMPLY WITH THE PROVISION OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE .ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: ~F YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, ]F 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. -fEMPORARY STAY OF FORECLOSURE- Under thc Act, you are entitled to a temporary stay of the foreclosure on your ~ortgage for THIRTY (30) days from the date of this Notice. During that time you must arrange and at~end a "face-to-face" meeting -with one of tbe designated consumer counseling agancias llsted at the end of this Notice. THIS MEETING MUST OCCUR 'WITHIN THE NEXT THIRTY O0} DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU 3vlUST BRING YOUR MORTGAGE LIP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR 3vlORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- lfyou attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take f~rther action against you for THIRTY (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counselin~ agencies for the county in which your property is located are set fQrth at the end of this Notice. It is only necassa~ 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 liner in this Notice (see following pages for specific information about the nature o£ ynnr default). Ifyou have tried and are unable Io resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, and sign and file a completed Homeowners' Emergency Assistance 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 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 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 you application. During that additional 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. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING UFA 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 Morlgage Assistance) 'age three NFCL65243032 --IOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 4 N Enola Dr Enola, ~A 17025 IS SERIOUSLY IN DEFAULT because: atOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS and the following amounts are now past due: Delinquent Payment Balance: (bi Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 07/13/2000: $752.91 $.00 $119.86 $.00 'fOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): ItOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of thls letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS, $872.77, PLUS ANY MORTGAGE PAYMENTS AND LATE I~HARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made ~ither by cashier's check, certified chcek, or money order made payable to: 1Regular Mall: -FMS Mortgage Inc. · 'O Box 96053 aChariotte, NC 28296-0053 Overnight Mail: FUNB Lockbox 96053 1525 West W. T. Harris Blvd. Charlotte, NC 28262-0053 '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 ofthis letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that thc entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. Iff, all payment of the amount of default is not made within THIRTY (30) days of thc letter date, TMS Mortgage, Inc., also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriffto pay offthe 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 have 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 the reasonable attorney's fees actually incurred 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 their reasonable costs. If you cure the default within the THIRTY (30I DAY period, you will not be renuired to nay 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 SALE- lfyou 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 m 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 due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs cmmected with the Sheriff's 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 Noliee will restore your mortgage to the same position as if you had never defaulted, [;ARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriffs sale could be held is would be approximately FIVE (5) months from the date of this Notice. A notice oftha actual date oftbe Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the defanlt will increase the longer you wait. You may find out at any time exactly what the required paymem or action will be by contacting the lender. '*age four -IOW TO CONTACT THE LENDER BY TELEPHONE OR MAIL Name of Lender: The Money Store ~ddress: FLVNB LOCKBOX 96053 ~ity, State, Zip Charlotte, NC 28262-0053 I'elephone Number: g00-795-5125 Ext. 10302 =acsimile Number: 916-617-0655 NFCL65243032 EFFECT OF SHERIFF'S SALE- You should realize that a SheriWs sale will end your ownership of the mortgaged property and .~our right to occupy it. If you continue to live in the property after the SheriWs sale, a lawsuit to remove you and your f~rniture and ~ther belongings could be started by the lender at any time. · ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage -4cbt. Provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the rather 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 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. (HOWEVEIL YOU ARE NOT ENTITLED TO THIS RIGHT 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 THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED TO THIS LETTER. Sincerely, TMS Mortgage Inc. 5LE R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA VS MALSEED P~AY ESR ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, MALSEED RAY E but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT PORE He therefore Pennsylvania, to On March 1st 2001 , attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 35.25 .00 72.25 o3/ol/2OOl MARK J. UDREN Sworn and subscribed to before me this ~ day of ~ A.D. Prothonotary this office was in receipt of the Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2001-00820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORWEST BANK MINNESOTA VS MALSEED PJIY ESR ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: MALSEED FAY L but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - Sheriff or Deputy Sheriff who being search and in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On March 1st , 2001 attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Service 9.30 Surcharge 10.00 .00 .00 25.30 03/01/2001 MARK J. UDREN Sworn and subscribed to before me this ~ day A.D. ProthonOtary' this office was in receipt of the Sheriff of Cumberland County In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Norwest Bank Minne~t.a, N.A. et al Ray E.Malseed Noo 01 820 civil ]~ow, February 13 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff.,~-.~-~., --~m,-~,,~-~ ,20. 01, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin COUllty to execute this Writ, this Sheriff of Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Norwest Bank Minnesota N.A. VS. Fay L. Malseed No. 01 820 Civil Now, February 13 ,20 O1, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and riskof the P~~_. ~.~ Sheriffof Cumberland County, PA Now, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 20, COMPLAINT IN MORTGAGE FORECLOSURE MALSEED FAY L to HER of the original to him/her the contents thereof at : NORWEST BANK OF MINNESOTA NATIONAL ASS vs : MALSEED FAY L Sheriff's Return No. 0474-T - - -2001 OTHER COUNTY NO. 01-820 2001 at 8:26PM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT IN MORTGAGE FORECLOSURE and making known 1134 HIGHSPIRE ROAD #35 HARRISBURG, PA 17111-0000 So Answers, Sworn and subscribed to before me this 21ST day of_FEBRUARY, 2001 .~0.~ )~. l~)~],a' Sheriff of D~ County, Pa. PROTHONOTARY By~ TITUS Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 20, 2001 at COMPLAINT IN MORTGAGE FORECLOSURE M2%LSEED RAY E to FAY L MALSEED, WIFE OF DEFENDANT of the original COMPLAINT IN MORTGAGE FORECLOSURE to him/her the contents thereof at 1134 HIGHSPIRE ROAD #35 HARRISBURG, PA : NORWEST BANK OF MINNESOTA NATIONAL ASS vs : MALSEED FAY L Sheriff's Return No. 0474-T - -2001 OTHER COUNTY NO. 01-820 $:26PM served the within upon by personally handing 1 true attested copy(ies) and making known 17111-0000 Sworn and subscribed to before me this 21ST day of FEBRUARY, 2001 f . I PROTHONOTARY SO Answers, Sheriff of Dauphin County, By Deputy Sheriff Sheriff's Costs: $35.25 PD 02/16/2001 RCPT NO 146615 TITUS 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I Plaintiff Vo Ray E. Malseed, Fay L. Malseed Sr. Defendant (s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION -Cumberland County ]NO. 01-820 Civil Term PRAECIPE TO SUBSTITUTE V~RIFICATION 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: March 30, 2001 MARK J. BY: Ma At UDREN & ASSOCIATES :k .~Udren, Esquire ~orney for Plaintiff 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 undersigned who maintain the business records of by Plaintiff in the ordinary course of business facts are true and correct to the best of information and belief of The undersigned understands subject to the penalties of 18 Pa. unsworn falsification to authorities. the undersigned. that this C.S. supervised by the the mortgage held and that those the knowledge, statement is made Section 4904 relating to Date: Name: Title: Company: MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 0%302 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-%82-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION . Cumberland County ! MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES i NO.01-820 Civil Term 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 2/6/01 to 3/30/01 Late charges per Complaint From 2/15/00 to 3/30/01 Escrow payment per Complaint From N/A to N/A TOTAL $24,313.48 334.96 10.00 0.00 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 o~which is attached hereto. Mar~ J. ~dren, ESQUIRE AttOrney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INBTCATED DATE: PRO PROT.Y -'d & 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff v. Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-820 Civil Term DATED: March 15, 2001 TO: Ray E. Malseed, Sr. 1134 Highspire Road, #35 Harrisburg, PA 17111 INDORTANT 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 JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT W~ERE YOU CAN GET LEC4%L HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICACION IM~OHTANTE 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 PREUBAALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTHA 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 or 800-990-9108 NOTICE: PURSUANT TO TEE 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. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE $00 CHER~Y HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-820 Civil Term DATED: TO: March 15, 2001 Fay L. Malseed 1134 Highspire Road, #35 Harrisburg, PA 17111 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTOR/qEY ~ 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 JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTIFICACION IMPOHTANTE 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 UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN 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 qounty Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 NOTICE: PURSUANT TO THE FAIE 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. MARK J. UDEEN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF : : cO%rN'TY 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: Ray E. Malseed, Sr. Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Sworn to and subscribed beforetime this ~* day of ~ , 20 . ry Public % Fay L. Malseed Over 18 As captioned ab~~~ Unknown __ Name: Title: Company: 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION . Cumberland County i MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant('s) NO. 01-820 Civil Tterm TO: RAY E. MALSEED, SR. 1134 MIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary ~_ 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 RAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-482-6900 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant ('s) NO. 01-820 Civil Term TO: FAY L. MALSEED ~ 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary 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 CONCEP~NING THIS NOTICE PLEASE CALL: ATTOP~NEY Mark J. Udren, Esquire At this telephone number: 856-482-6900 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Vo Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) NO. 01-820 Civil Term PP. AECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: 4 North Enola Drive Enola, PA 17025 Amount due $23.658.44 Interest From March 31, 2001 to Date of Sale Septemhe~ 5, Per diem @$6.32 2001 1,O04.~B (Costs to be added) /-% MARK J/UDREN & ASSOCIATES Mark j. ~,~~/ ESQUIRE ATTORYEY FOR PLAINTIFF ,~.LL THAT CERTAIN TRACT OF LANro WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE ON THE NORTHEAST SiDE OF NORTH ENOLA DRIVE, EAST PENNSBORO TOW'NSHIP, CUMBEP,.LAND COUNTY, BY D,P. RAFFENSPERGER ASSOCIATES, F~,NOINEERS AND SD'RVEYORS, DATED FEBRUARY 14, 1979 AND BEAiCrNG DR.AWINO NO, 268-72, AS FOLLOWS, TO ti'ir; ~EGINNING AT A NAIL IN' THE WALK ON THE NORTHEAST SIDE OF NORTH ENOLA DI;JVE, AT A CORNER OF PROPERTY NO, 2, SAID NAIL BEING 29,0 FEET FROM THE NORTHWESTEiCLY EXTREMITY OF THE .,~RC OR CURVE CONNECTI'NG THE L~.STERLY SIDE OF NORTH ENOLA DP. fiVE WITH THE NORTHERN SIDE OF CUMBERLA~'CD ROAD; T~,!ENCE EXTEYDING FOK.M SAID BEOI-I,.qqlNO POFNT AND ALONG THE NORTREAST SIDE OF NORTH ENOL~, DRIVE, NORTH 07 DEGREES 00 MINUTES EAST, A DISTANCE OF 26,0 FEET TO A PIN' AT PROPER'fY NO. ~; THENCE EXTEN'DINO ALONG S,MvlE NORTH g3 DEGREES 00 MINUTES EAST, A DIST,~NCE OF 11 $.0 FEET TO A PIN; THENCE SOUTH 07 DEGREES 00 MINUTES EAST, A DIST.kNCE OF 25.$ FEET TO A METAL FENCE POST AT A COiLNER OF PROPERTY NO. 2 .~FOREMEN-rlONED; THENCE EXTENDING ALONG SAJvIE A},~D PASSI);O THROUGPI A DWELLINO DIVISION WALL THE TWO FOLLOWING COUR, SES AN'D DISTA.NCES; (i) SOUTH 82 DEGREES 25 MINUTES WEST, A DISTANCE OF aD/B0 FEET TO A POINTs AA'E; (2t SOUTH g3 DEGREES 00 MINUTES WEST, A DISTANCE OF $5.? FEET TO THE FIRST MENTIONED NAIL IN THE WALK A..ND PLACE OF EEGrNNFNG. BEING KNOWN AS 4 NORTH ENOLA DRIVE, ENOLA, PA 17025 PROPERTY ID# 09-14-0832-336 TITLE TO SAID PREMISES IS VESTED IN RAY E. MALSEED,SR. AND FAY L. MALSEED, HIS WIFE BY DEED FROM WILLIAM D. HOFFMAN AND BONNIE JEAN HOFFMAN, HIS WIFE DATED 11/22/1983 AND RECORDED 11/23/1983 IN DEED BOOK L30 PAGE 1050 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION .Cumberland County ! MORTGAGE FORECLOSURE Vo Ray E. Malseed, Sr. Fay L. Malseed i NO. 01-820 Civil Term 4 North Enola Drive : Enola, PA 17025 Defendant(s) 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 4904 relating to unsworn falsification to authorities. MARK Mark ATTOR r~TES FOR PLAINTIFF Pa. CoS. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 080'34 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 iNO.01-820 Civil Term Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I, 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: 4 North Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. HOUSEHOLD FINANCE CONSUMER 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE DISCOUNT COMPANY 107, MECHANICSBURG, PA 17055 5. Name and address property: Name NONE of every other person who has any record lien on the Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name REAL ESTATE TAX DEPT. Domestic Relations Section Commonwealth of PA, Department of Revenue Address 1 COURTHOUSE SQUARE, 13 N. HANOVER STREET, Bureau of Compliance, Harrisburg, CARLISLE, PA 17013 CARLISLE, PA 17013 Dept. 280946 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 4 North Enola Drive, Enola, PA 17025 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. Mar~ ~d~, ~ 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff Vo Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAG~ FORECLOSURE NO. 01-820 Civil Term NQTLCE_OF SHERIFF'S SALE OF RRAT. PROPERTY TO: RAY E. MALSEED, SR. FAY L. MALSEED 1134 HIGHSPIRE ROAD, # 35 1134 HIGHSPIRE ROAD, ~35 HARRISBURG, PA 17111 HARRISBURG, PA 17111 Your house (real estate) at 4 North Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $24,658.44 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 ARLE TO PREVENT THIS SNRRIFF'S SA?.E To prevent this Sheriff's Sale, you must take imm-diate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. YOU may also be able to 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.) Y_0U MAY $~_BF~ABLE~O~AVE~YOUR__PROPE~U~A~E QTHER RI~GHT~ ~/~LF~TH E~ER I F~ L?~S ALF~iOE S~TAKE_PLACE ._ 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FiND OUT WHHRE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 Norwest Bank Minnesota, National Assn. As In the Court of Common Pleas of Trustee Under the Pooling & Servicing Agreement Cumberland County, Pennsylvania Dated as of 8/11/98, Series 1998-I No. 2001-820 Civil Term VS Ray E. Malseed, Sr. and Fay L. Malseed 4 North Enola Drive Enola, PA 17025 R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Ray E. Malseed, Sr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description according to law. Dauphin County Return: And Now: May 30, 2001 at 7:28 P.M. served the within Real Estate Writ, Notice & Description upon Ray E. Malseed Sr. by personally handing to him one true attested copy of the original Real Estate Writ, Notice & Description and making known to him the contents thereof at 1134 Highspire Rd., #26, Harrisburg, PA 17111. So Answers: J.R. Lotwick, Sheriff of Dauphin County. By Thomas Way, Deputy Sheriff. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Fay L. Malseed, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County to served the within Real Estate Writ, Notice and Description according to law. Dauphin County Return: And Now: May 30, 2001 at 7:28 P.M. served the within Real Estate Writ, Notice & Description upon Fay L. Malseed by personally handing to Ray Malseed, husband, one tree attested copy of the original Real Estate Writ, Notice & Descritpion and making known to him the contents thereof at 1134 Highspire Rd. #26, Harrisburg, PA 17111. So Answers: J.R. Lotwick, Sheriff of Dauphin County. By Thomas Way, Deputy Sheriff. David McKiuney, Deputy Sheriff, who being duly swom according to law, says on July 2, 2001 at 5:55 o'clock P.M. EDST, he posted a copy of the Real Estate Writ, Notice, Poster and Description on the property of Ray E. Malseed, Sr. and Fay L. Malseed located at 4 North Enola Dr., Enola, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail to one of the within named defendants, to wit: Ray E. Malseed, Sr., at his last known address of 1134 Highspire Road, #26, Harrisburg, PA 17111. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action by regular mail to one of the within named defendants, to wit: Fay L. Malseed, at her last known address of 1134 Highspire Road, #26, Harrisburg, PA 17111. This letter was mailed under the date of July 5, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly swom 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 Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $32,300.00 to Attorney Larry Roadcap (for Attorney Terrenee McCabe) for Household Finance Consumer Disconnt Company. It being highest bid and best price received for the same, Household Finance Consumer Discount Company of 961 Weigel Drive, P.O. Box 8604, Elmhurst, Illinois 60126, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $34,315.40. Sheriff's Costs: Docketing $ 30.00 Poundage 646.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.75 Certified Mail .97 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 31.50 Law Journal 316.55 Patriot News 300.30 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $1,537.73 paid by attorney 10-05-01 Sworn and subscribed to before me This 3£t$ day of Protl~gt'~ R. Thomas Kline, Sheriff Rehl Estafe Deputy t.~C~ 3q37£ / WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-820 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To sati~fy the debt. interest and costs due Norwest Bank Minnesota, National Assn., as Trustee Under the Pooling & Servicing Agre~nent dated as of 8/11/98, Series 1998-I PLAINTIFF(S) from Ray E. Malseed, Sr. and Fay L. Malseed, 4 N. Enola Dr., Enola PA 17025. at 4 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located N. Enola Dr., Enola PA 17025. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If properly 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/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $24,658.44 L.L. $.50 Interest 3/31/01 - 9/5/01 $1,004.88 DueProthy $1.00 Atty's Co~hfn % Other Costs Arty Paid $169.55 Plaintiff Paid ~'~t%~!~ , ADDil 16, 2001 REQUESTING PARTY: Name Mark J. Udren, Esq. Address: 1040 N Kings Highway, Ste 500 Cherry Hill NJ 08034 Attorney for: Plaintiff Telephone: (856) 482-6900 Supreme Court ID No. 04302 by: CURTIS R. LONG Prothonotary, Civil Division Deputy REAL ESTATE SALE. on -/~O-~L o?, 2 ool the sheriff levied upon the aetendamJ interest in the real property situated in ~o-~ /~~~~,~ Cumberland County, Pa., known ~nd numbered as: 5/ ~/-/~ ~ ~)/. ~-~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. SCHEDULE OF DISTRIBUTION SALE NO. 04 Writ No. 2001-820 Civil Term Norwest Bank Minnesota, National Association, As Trustee Under the Pooling & Servicing Agreement dated as of 8/11/98, Series 1998-I VS Ray E. Malseed, Sr. and Fay L. Malseed Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Household Finance Consumer Discount Company $32,300.00 Real Debt $24,658.44 Interest 1,004.88 Attorney writ costs 169.55 Total $25,832.87 Distribution Amount Collected $34,315.40 Legal Search 200.00 Local Transfer Tax 584.70 State Transfer Tax 584.70 Sheriff's Costs 1,537.73 Credit Writ No. 2001-820 Civil Term 25,832.87 Credit Docket No. 2001-1559 Civil Term 281.31 (East Pennsboro Township Municipal Lein) Credit Docket No. 2001-4817 Civil Term 193:28 (East Pennsboro Township Municipal Lein) Cumberland County Tax Claim Bureau 786.79 Household Realty Corporation 4,314.02 R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED EN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 4 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the years 1998 to 2000 inclusive. Taxes for the current year 2001. 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 ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which William D. Hoffman and Bonnie Jean Hoffman, his wife, by deed dated November 22, 1983 recorded November 22, 1983 in the Office of the Recorder of Deeds in and for Cumberland County in Carlisle, Pennsylvania in Deed Book "L," Volume 30, Page 1050 granted and conveyed to Ray E. Malseed, Sr., and Fay L. Malseed, his wife. 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. Unrecorded 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 roadbed of North Enola drive. Mortgage in the amount of $68,305.31 given by Ray E. Malseed, Sr. and Fay L. Malseed to Household Finance Consumer Discount Company dated December 17, 1997 recorded December 17, 1997 in Mortgage Book 1422, Page 867. Mortgage in the amount of $19,155.00 given by Ray E. Malseed, Sr. and Fay L. Malseed to American Home Improvement Products, Inc. dated July 27, 1998 recorded October 27, 1998 in Mortgage Book 1492, Page 164. Assigned to Norwest Bank Minnesota by instrument recorded in Miscellaneous Record Book 592, Page 1067. Complaint in Mortgage Foreclosure filed by Norwest Bank Minnesota as Plaintiff against Ray E, Malseed, Sr. and Fay L. Malseed as Defendants in the Office of the Prothonotary of Cumberland County to file number 2001-820. Default judgment in the amount of $24, 658.44 entered April 16, 2001. Mortgage in the amount of $10,000.00 given by Ray E. Malseed, Sr. and Fay L. Maiseed to Household Realty Corporation dated December 7, 1998 recorded December 9, 1998 in Mortgage Book 1504. Page 528. Mortgage in the amount of $92,597.74 given by Ray E. Malseed, Sr. and Fay L. Malseed to Household Finance Consumer Discount Company dated November 17, 1999 recorded November 19, 1999 in Mortgage Book 1583, Page 187. 10. Municipal lien filed by East Pennsboro Township as Plaintiff against Ray E. Malseed, Sr. and Fay L. Malseed as Defendants on March 19, 2001 in the Office of the Prothonotary of Cumberland County to file number 2001-1559 in the amount of $281.31. 11. Municipal lien filed by East Pennsboro Township as Plaintiff against Ray E. Malseed, Sr. and Fay L. Malseed as Defendants on August 15, 2001 in the Office of the Prothonotary of Cumberland County to file number 2001-4817 in the amount of $193.28. 12. 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. 13. Real estate taxes accruing on and after January 1, 2002 not yet due and payable. 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. REAL ESTATE SALE NO. 4 Writ No. 2001-820 Civil Norwest Bm-~k Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 3i, 1998, Series 1998-I VS. Ray E. Malseed, Sr. and Fay L. Malseed Atty.: Mark J. Udren ALL THAT CERTAIN tract of land with improvements thereon erected, situate on the northeast side of North Enola Drive, East Pennsboro Township, Cumberland County, by D.P. Raffensperger Associates, En- gineers and Surveyors, dated Feb- ruary 14, 1979 and bearing Draw- ing No. 268-72, as fogows, to wit: BEGINNING at a nail in the walk of the northeast side of North Enola Drive, at a comer of Property No. 2, said nail being 29.0 feet from the northwesterly extremity of the arc or curve connecting the easterly side of North Enala Drive with the north- em side of CumberIand Road; thence extending from said beginning point and along the northeast side of North Enola Drive, North 07 degrees 00 minutes East, a distance of 26.0 feet to pin at Property No. 8; thence extending along same North 83 de- grees 00 minutes East, a distance of 115.0 feet to a pin; thence South 07 degrees 00 minutes East. a dis- tance of 25.5 feet to a metal fence post at a comer of Property No. 2 aforementioned; thence extending along same and passing through a dwelling division wall the two roi- lowing courses and distances: (1) South 82 degrees 25 minutes West, a distance of 49/30 feet to a point; and {2) South 83 degrees 00 min- utes West, a distance of 65.7 feet to the first mentioned nail in the walk and place of BEGINNING. BEING KNOWN AS 4 North Enola Drive. Enola, PA 17025. PROPERTY ID #09-14-0832- 336. TITLE TO SAID PREMISES IS VESTED IN Ray E. Malseed, Sn and Fay L. Malseed, his wife by deed from William D. Hoffman and Bon- nie Jean Hoffman, his wife dated 11/22/1983 and recorded 11/23/ 1983 in Deed Book L30 Page 1050. 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 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION . Cumberland County ~: MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed iNO.01-820 Civil Term 4 North Enola Drive Enola, PA 17025 Defendant(s) AFFIDAVIT PURSUA/~T TO RULE 3129.1 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I, 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: 4 North Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, #35, HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, ~35, HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. HOUSEHOLD FINANCE CONSUMER 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE DISCOUNT COMPANY 107, MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address NONE the property and whose Name REAL ESTATE TAX DEPT. Domestic Relations Section Commonwealth of PA, Department of Revenue Name and address of every other person who has any record interest in interest may be affected by the sale: Address 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 13 N. FLANOVER STREET, CARLISLE, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every knowledge who has any interest the sale: Name other person of whom the plaintiff has in the property which may be affected by Address Tenants/Occupants 4 North Enola Drive, Enola, PA 17025 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 relatin9 to unsworn falsification to authorities. DATED: March 30, 2SOl MAR_~ .~E~S Mar~ ~ .~d~ Atto?ey for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTORITEY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant ('s) NO. 01-820 Civil Term NOTICE OF SHERIFF'S SAT.E OF ~W. AL PROPERTY TO: RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, HARRISBURG, PA 17111 FAY L. MALSEED # 35 1134 HIGHSPIRE ROAD, #35 HARRISBURG, PA 17111 Your house (real estate) at 4 North Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $24,658.44 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 ~E ABLR TO PReVeNT THIS SHERIFF'S SAT.R To prevent this Sheriff's Sale, you must take ~mmediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 482-6900. 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 i~roperly 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 PR0~P~ERTY AND YOU HAVE OTHER RIGHT~ EVEN IF THE SHERIFF'S SA?,E DOES TAKE P?.~CE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TA/fE THIS PAPER TO-YOUR LAWYER AT ONCE. IF YOU DO NOT ~AVE A LAWYER OR CANNOT AFFOP. D ONe. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHHRE YOU CAN GET LEGAL HELP. LAWYER REFEP~%AL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 ^;.L THAT CERT/~IN TtC~,CT OF LAND WITH THE IMPROVEMENTS THEP, EON ERECTED, SITUATE ON IRE NORTHEAST SIDE OF NORTH ENOLA DRiVE, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, BY D.P. RAFFENSPERGER ASSOCIATES, ENOIi','EERS AND SD,'RVE¥ORS, DATED FEBRUARY' ~4, I979 AND BEAiU'NG DRAWING NO, 268-~2, AS FOLLOWS, TO WIF; BEG[R~NINO AT A NAiL IR' TIdE WALK ON THE NORTHEAST SIDE OF NORTH ENOLA DRI'VE, AT A COP..NER OF PROPERTY NO, 2, SA1D NAIL BEING 29,0 FEET FROM THE NORTHWESTERI.¥ EX'IT..ENIITY OF TEE .aRC OR CURVE CONNECTI'NG THE EAST'BP,.LY fl]DE OF NORTH E,'NOLA DRIVE WITH THE NORTI.IEF~X; SIDE OF CUMBERLA~NrD ROAD; '['F]ENCE F_XTENDING FORM SAID BEGINNING F'OINT AND ALONG THE NORTI,{EAST SIDE O~' NORTH ENOL{ DRIVE, NORTH 07 DEGREES 00 MINUTES EAST, A DISTANCE OF 26.0 FEET TO A PIN AT PROPER'me' NO. 8; THENCE EXTER'DfNG ALONG SAME N, ORTR 83 DEGREES 00 MIR'UTES EAST, A DISTANCE OF 115.0 FEET TO A PI'N; THENCE SOUTH 07 DEGP.-EES 00 MINUTES EAST, A DISTANCE OF 25.$ FEET TO A METAL FENCE POST AT A COR~XrER OF ?RO~ERTY NO. 2 .,~FOREMENTIONED; THENCE EXTENDING ALONG SAME AND PAS8D,'G THROUGI-[ A DWELLING DIVISION WALL THE TWO FOLLOW'IN(} COURSES A.".CD D~'STANCES; ([) SOUTH 82 DEGREES 25 MINUTES WEST, A DISTANCE OF ~9/30 FEET TO A POINT; ANE~ (2] SOUTH E3 DEGREES 00 MINUTES WEST, A DISTANCE OF 65.? FEET TO THE FIRST MENTIONED NAIL IR' THE WALl< AND PLACE OF flEG'liqNfNG, BEING KNOWN AS 4 NORTH ENOLA DRIVE, ENOLA, PA 17025 PROPERTYID# 09-14-0832-336 TITLE TO SAID PREMISES IS VESTED IN RAY E. MALSEED,SR. AND FAY L. MALSEED, HIS WIFE BY DEED FROM WILLIAM D. HOFFMAN AND BONNIE JEAN HOFFMAN, HIS WIFE DATED 11/22/1983 AND RECORDED 11/23/1983 IN DEED BOOK L30 PAGE 1050 THE' PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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 jw'~/1 Volume 14, Page 317. PUBLICATION COPY sww'n t~ S A L E ~4 I cellaneous Book "M", MIIWI~Ir, pl~r~ly~'ll~l,~i{~,atJln e! y~ecommission 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 $ 298.80 $ 1,50 $ 300.30 !~ublisher's Receipt for Advertising Cost of The Patriot-News and The Sunday Patriot-News, newspapers of general of the aforesaid notice and publication costs and certifies that the same have 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 Ctunberland 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 primed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE 8ALE NO. 4 Writ No. 2001-820 Civil Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998. Series 1998-I Ray E. Ma]seed, Sr. and Fay L, Malseed Atty.: Mark d. Udrcn ALL THAT CERTAIN tract of land with iraprovements thereon erected, situate on the northeast side of North Eno]a Drive, East Permsboro · T~°~gn_s. hijp~ Gumberlapd County, by SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1~40 N. KINGS HIGHWAY, SUITE 500 C~ERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff ATTOP~NEY FOR PLAINTIFF : COURT OF COMMON PLEAS ! CIVIL DIVISION · Cumberland County ~ MORTGAGE FORECLOSURE : : Vo Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 ! N0.01-820 Civil Term Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998- I, 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: 4 North Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): Name Address RAY E. MALSEED, SR. 1134 HIGHSPIRE ROAD, $35, HARRISBURG, PA 17111 FAY L. MALSEED 1134 HIGHSPIRE ROAD, $35, HARRISBURG, PA 17111 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. HOUSEHOLD FIN/~NCE CONSUMER 25 GATEWAY DRIVE, GATEWAY SQUARE, SUITE DISCOUNT COMPAIqY 107, MECHANICSBURG, PA 17055 MA~K J. UDREN & ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 104D N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 '856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and . Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Place, NY 11514 Plaintiff Vo Ray E. Malseed, Sr. Fay L. Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County : . : NO. 01-820 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". 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: August 2, 2001 By: ~-- MARK J. UDREN & ASSOCIATES Mark J. Udren, Esquire Attorney for Plaintiff 5. Name and address of every other person who has any record lien on the property: Name Address E~ST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE, ENOLA, PA 17025 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 REAL ESTATE TAX DEPT. Domestic Relations Section Commonwealth of PA, Department of Revenue Address 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 13 N. HANOVER STREET, 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 4 North Enola Drive, Enola, PA 17025 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: AUGUST 2, 2001 MARK J. UDREN & ASSOCIATES Attorney for Plaintiff MARK J. UDP~EN & ASSOCIATES BY: Mark J, Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Norwest Bank Minnesota, National Association, as Trustee Under the Pooling and Servicing Agreement dated as of August 31, 1998, Series 1998-I One Old Country Road, Suite 429 Carle Pla~e, NY 11514 Plaintiff Ray E, Malseed, Sr. Fay L, Malseed 4 North Enola Drive Enola, PA 17025 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. September 5, 2001 DATE: April 27, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF BR~T. PR~T~Y OWNER(S): RAY E. MALSEED, SR. & FAY L. MALSEED PROPERTY: 4 North Enola Drive, Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the F~herJkan~ County Sheriff's Sale on September 05, 2001at 1O-~0 A~, in the COMISSIONERS 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. EXHIBIT A For Accountable Mail For Accountable Mall ~XHIBIT A STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDf ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said County and State do'her~y cenlfy that the Sheriff's Deed in which ................ Household Fin C D C .................................................................................... is thc grantee 5th thc same having been sold t said grantee on the ............................................... da)' of .............. ~.Ill;glq.b_e~l~ ............... A, D., ~ 01 ..... , under and by virtue of a writ Execution 16th ................................................ issued on the ..................................... April 01 day o~ .......................... A.D., ..... ~ out of the Court of Comman Pleas o~ said County'as of Givil 01 .................................................................................. Term, i ...... l~umber 820.,th~c,..~-- · -- Norwest Bank Minnesota N Itr Pooling & Serv Agree a~ainst Ray E Malseed Sr & Fay L dul~' recorded in Sheriff's Deed Book No. 248 , ,. 4059 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __./.~_ ..... day of ..... .............. n. o., o0_./_._ Recorder of D~ed~, Cum~dend CouMy, ~disle PR My Commi~ofl Expires the ~i~ Mofl~ly Id ~fl, 204~ REAL ESTATE SALE No. 9 Wrft No. 2001-809 CivilTerm Columbia National, Inc. v$ Ech ~ard V. UoYle Sa~ dra A Mo Airy:. Jo~e.h~ ~.. yle ,nlore p rlicular. 1,111nwcal~b o pe.-~rlund hot, lO, ~ Road at BEGIn~I the Dale REAL ESTATE SALE No. 4 Writ No. 2001-820 CiviiTerm Norwest Bank M nr~,~ota, .National Association, as trustee Under the an<t Servicing Agree~ dated as of AU_gust 31,1~8, ~l'ies 1998.1 R~ E. Uaiaeed, S~ ray L. Ma/see~ Att,/: Afark j. U~/ren DESCRIPTION fiLL ' und