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HomeMy WebLinkAbout01-1383MARK J. UDREN & ASSOCIATES BY: Hark J. Udren, Esc~uire ATTY I.D. NO, 04302 1040 N. KINQS HIQHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 {EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 335 North Middlesex Road Carlisle, PA 17013 Defendant(s) ATTOHNEY FOR PLAIITTIPF :COURT OF COMMON PLEAS i CiVIL DIVISION :Cumberland County iNo. COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOI~D OITE, GO TO OR TELEPHONE THE OFFICE SET FORTH HELOW TO FIND OUT WHEHE YOU CAN ~ET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas si~uientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un 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 demandao Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABO~ADO INMEDIATAMENTE, SI NO TIENE ABO~ADO O SI NO TIENE EL DINERO SUFICIENTE DE PA~AR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERI~UAR 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 valicL If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy ora judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part /dso, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Assignor: Assignee: 1. Plaintiff is the Corporation designated as such in the caption on a precedln~ pa~e. If Plaintiff is an assignee then it is such by virtue of the followin~ recorded assignments: EquiCredit Corporation of PA U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) Recordln~ Date: LODgeD FOR R~CO~DIN~ Book: Pa~e: 2. Defendant(s) is the individual designated as such on the caption on a precedin~ pa~e, 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 beln~ foreclosed. 3. On or about the date appearin~ 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 appearin~ 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 re~arding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 335 North Middlesex Road MUNICIPALITY/TOWNSHIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 10/27/98 DATE RECORDED: 11/5/98 BOOK: 1495 PAGE: 573 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Note as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. The following amounts are due on the said Mortgage as of 3/1/01: Principal of debt due and unpaid Interest at 9.15% from 7/1/00 to 3/1/01 (the per diem interest accruing on this debt is $58.07 and that sum should be added each day after 3/1/01) $231,652.70 14,169.08 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 3/1/01) 0.00 Late Charges (monthly late charge of $95.30 should be added on the fifteenth of each month after 3/1/01) 857.70 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $258,792.12 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 $258,792.12 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 ALL TEAT CERTAIN PIECE 0E pARCEL OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, pENNSYLVA/~IA, BOUNDED AND DESCRIBED AS FOLLOWS= BEGINNING AT AN IRON PIN ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD, SAID IRON PIN EEING ON THE DIVIDING LINE EETWENN LOTS NOS. 6D AND 7D~ THENCE ALONG SAID DIVIDING LINE NORTH 68 DEGREES 12 MInuTES 30 SECONDS EAST, 425.00 FEET TO AN IRON PIN~ THENCE SOUTH 21 DEGREES 47 MINUTES 30 SECONDS EAST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE HETWEEN LOTS NOS. 7D AND 8D ON SAID pLAN~ THENCE ALONG SAID DIVIDING LINE SOUTH 68 DEGREES 12 MINDTES 30 SECONDS WEST, 425.00 FEET TO AN IRON PIN ON THE EASTERN DEDICATED HIGHT-OF-WAY LINE OF NOETH MIDDLESEX ROAD~ THENCE ALONG THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD NORTH 21 DEGHEES 47 MINUTES 30 SECONDS WEST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 6D AND 7D ON SAID PLAN, THE PLACE OF BEGINNING. BEING LOT NO. 7D ON THE PRELIMINARY AND FINAL SUBDIVISION PLAN OF JOHN M. AND JANET D. KNAUB, RECORDED IN PLAN BOOK 45, PAGE 146. DATE: January 16, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home ia in default, and the lender intend~ to foreclose. Specific information about the nature of the default is provided in the attached pages. The I]OMF, OWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the progrsm works. To see if I]EMAP c~n help, you must MEET WITI] A CONSUMER CREDIT COUNSEl,lNG AGENCY WITI]IN 30 DAYS OF THE DATF~ OF TI]IR NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your CounW are listed at the end of this Notice. If you have ~ny questions, you may call the Pennsylvania I]ouslng Finance AEency toll free at 1-800-342-2397. (Persons with impaired hearing can e~ll (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 i'md a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANC/A, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 6 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: DONALD SI. BAUER. JR. FRANCISCA MORII,LO BAUER 335 N. MIDDLI~.qEX ROAn CARLISLE, PA 17013 _ S064029609 EQUICRI~DIT CORPORATION OF PA US BANK NAT'L A$$OCIATION~ f/k/a FIP~T BANK NAT'L A,q$OCATION~ TR U/A DATE, D 03/01/90 (EQCC HOME EQUITY LOAN TRUST 1999-1) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EI,IGIBI,E FOR FINANCIAl. ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORF. CI.OSURE 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 ELIGH~LE 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 OlflER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FENANCE AGENCY. TEMPORARY STAY OF FORECI,OSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days fi.om the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE A,qSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI ,LED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSEl,lNG AGENCIES - If you meet with one of the consumer credit connseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days at~er the date of this meeting. The names, addresses and telephone nmnbers of designated cons.ruer credit counseling agencies for the co.nty 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 masons 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 fi.om the Homeowner's Emergency Mortgage Assistance Prol~un. To do so, you must fill out, sign and file a completed Homeowner's Emergency Aaslstance 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 ~ingram and they will assist you in submitting a complete application to the Pennsylvania Housing ance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. YOU MIX%T FILE YOUR APPLICATION PROMPTLY. IF YOU FAH, 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 WELL BE DENIED. Page 2 of 6 ~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 Finunen 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 fried bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAUI,T (Bring it up to date). NATURE OF TFII~. DEFA ITLT - The MORTGAGE debt held by the above lender on your property located at: 335 N. Middlesex Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments of $1,906.09 for August, 2000 throllgh Janaury, 2001 = S11,436.54 Monthly Late Charge of $95.30 for August, 2000 thro~lgh January, 2001 -- $762.40 Other charges (explain/itemize): Escrow Advance ~ $7,078.00 TOTAL AMOUNT PAST DUE: $19,276.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A l:lOW TO CURF, TH E 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 $~0~276.9_4, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment~ mu~qt be made. either by ca.qh, ca.qhier's check, certified check or money order mado payable Mark J. Udren'& Associates 1040 N. Kin~a l~ighway, Suite S00 Cherry ~lill, NJ 08034 You can cure any other default by taking the following action within THIRTY 00) DAYS of the date of this letter: (Do not use if not applicable.) N/A IF YOUDO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intentla to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due imm~liately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the to~al 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. Page 3 of 6 'iF TH E 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 THi RTY (30) DAY period~ you will not be required to pay attorney's fees, OTHER I,ENDER REMI~.DW~S - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If your debt has been discharged in bankruptcy without your having reaffirmed it, then lender eaunot pursue this remedy. RIGHI' TO CURE TH E DEFAULT PRIOR TO SHI~.RIFF'S SAI,E -- If you have not cured the default within the TI-IIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pay/ag the total amount then pa~ due, plus arty late or other charges then due, rea.~onable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements trader the mortgr~e. 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. EARIJEST POSSI~II,E SHERllcF'S SAI,E DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 _ months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of coarse, the amount needed to cure the default will increase the longer you wait. You may fred out at any time exactly what the required payment or action will be by contacting the lender. glOW TO CONTACT THI~. I.ENDF. R: Nam e of Lender/Servicer: Address: Phone Number: F~hlnlber: ~Contaet Person: EquiCredit Corporation of America 10401 Deerwood Park Boulevard MC FI.,9-015-02-14 Jacksonville, FL 32256 800/759-6380 904/457-4002 Jennifer House, Ext. 75968 EFFECT OF SH ERIi~F'S SALE -- Yon should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your fight to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may 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. Page 4 of 6 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 Habliity 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 ff 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 fLrm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry l~ill, NJ 08034 (856) 482-6900 Page 5 of 6 ~SO 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 TH]~ DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSEI,ING AGENCIES SERVING YOUR COUNTY (Fill in a list of alLCaltnseling Agencies listed in Appendix C, FOR THE COUNTY in which the properW is located, using additlonal pages Or neeessa~.) CUMBF, RI,AND COUN'I~ CCCS of Western Pennsylvania, Inc. 2000 Lingiustown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Wayaesburo, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA ~f Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Corem of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 7000 1670 0010 9742 7000 1670 0010 9742 6772 M~E_R~I F Mark J. Udren, for the Plaintiff, he is authorized to take the exigencies regarding Esquire, hereby states that he is the attorney a corporation unless designated otherwise; that this Verification and does so because of this matter, and because Plaintiff must verify much of the personal knowledge of some of the pleading; and that the statements information through agents, and because he has facts averred in the foregoing made in the foregoing pleading are true and correct to the best of his knowledge, information and Udren, ESQUIRE UDREN & ASSOCIATES 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 relatin9 to unsworn falsification to authorities. REGULAR SHERIFF'S RETURN - CASE NO: 2001-01383 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND U S BANK NATIONAL ASSOCAITION VS BAUER DONALD H JR ET AL KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT PORE BAUER DONALD H JR DEFENDANT , at 0019:55 at 319 ACRE DRIVE CARLISLE, PA 17013 FPJtNCISCA BAUER a true and attested copy of NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon HOURS, on the 13th day of March by handing to COMPLAINT - MORT FORE the 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this R?~ day of ~ ,~[ A.D. ~dthonotary ' R. Thomas Kline 03/14/2001 MARK J. UDREN & ASSOCIATES SHERIFF'S RETURN - REGULAR CASE NO: 2001-01383 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD U S BANK NATIONAL ASSOCAITION VS BAUER DONALD H JR ET AL KENNETH GOSSERT , Cumberland County, Pennsylvania, who being says, the within COMPLAINT - MORT FORE BAUER FRANCISCA MORILLO DEFENDANT at 0019:55 HOURS, at 319 ACRE DRIVE CARLISLE, PA 17013 FRANCISCA BAUER a true and attested copy of COMPLAINT - NOTICE Sheriff or Deputy Sheriff of duly sworn according to law, was served upon the on the 13th day of March , 2001 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~z___ day of ~ ~/ A.D. t~rot~onotary / -- So Answers: R. Thomas Kline 03/14/2001 MARK J. UDREN & ASSOCIATES MAI~K J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 0%302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-%82-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff v. Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 PRAECIPE FOR JUDGMENT FOR FAILURE TO ~%ND AmSESS~NT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 3/2/01 to 6/4/01 Late charges per Complaint From 3/15/01 to 6/4/01 Escrow payment per Complaint From N/A to N/A TOTAL $258,792.12 5,516.65 285.90 0.00 $264,594.6~ I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notig~7 has been given in accordance with Rule 237.1, a copy of~ich is a~ached hereto.  tor~ey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS~ INDICATED PRO PROTHY ~ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATT¥ I.D. NO. 04302 1040 N. KIN~S HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff v. Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-1383 Civil DATED: April 5, 2001 TO: Donald H. Bauer, Jr. 319 Acre Drive Carlisle, PA 17013 IMP~0RTANT 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 JTJDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT W-HERE 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 IMDORTANT]~ USTED SE ENCUENTEA 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 PODHA, 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 AUNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, O 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 THE FAIR DEBT COLLECTION PP~ACTICES ACT, THIS LAW FIP, M 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 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Vo Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTOI~N~Y FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 01-1383 Civil DATED: April 5, 2001 TO: Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 IMRORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU RAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTOR/qEY 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 RAVE 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 ~ounty Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 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 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 DON-DE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERPJ%L SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3387 717-249-3166 or 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. 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff ATTORREY FOR PLAINTIFF COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF New Jersey COUNTY OF Camden 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: Donald H. Bauer, Jr. Over 18 As captioned above Unknown Defendant: Age: Residence: Employment: Sworn to and subscribed before me this 4th day of June, 2001. My Corn.rosin. ExP~ 4/71200~ Name: Title: Company: Mark J. Francisca Morillo Bauer Over 18 ~ As captioned above Unknown quire Attorney for Plaintiff Udren & Associates MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS i CIVIL DIVISION .Cumberland County ! MORTGAGE FORECLOSURE i NO. 01-1383 TO: DONALD H. BAUER, JR. 319 Acre Drive Carlisle, PA 17013 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 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION . Cumberland County : MORTGAGE FORECLOSURE : : i NO. 01-1383 : : : PRAECIPE FOR ~OD~MENT FOR FAILURE TO ~NSWER AND A~SESSMRNT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest per Complaint From 3/2/01 to 6/4/01 Late charges per Complaint From 3/15/01 to 6/4/01 Escrow payment per Complaint From N/A to N/A TOTAL $258,792.12 5,516.65 285.90 0.0Q I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that noti~ has been given in accordance with Rule 237.1, a copy of~ich is a~ached hereto. torey fo r lap intiff D~GES ~E HEREBY ASSESSED AS/~TED PRO PROTHY ~ [~ U 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 De f endant ( s ) ATTO~Y FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 TO: FRANCISCA MORILLO BAUER 319 Acre Drive Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvs_nia, 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 HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udreil~u?_~!uire 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTOR/~Y FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION · Cumberland County ! MORTGAGE FORECLOSURE i NO. 01-1383 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND AmSESS~NT OF DAMAGE~ 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 3/2/01 to 6/4/01 Late charges per Complaint From 3/15/01 to 6/4/01 Escrow payment per Complaint From N/A to N/A TOTAL $258,792.12 5,516.65 285.90 0.0~ $264,594.67 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that noti~,~ has been given in accordance with Rule 237.1, a copy of~ich is a~ached hereto. M~rk ~/ Udren, ESQUIRE  tor~ey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS/INDICATED PRO FROTHY MARK J. U~REN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Vo Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTOP~NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From J~ne 5, 2001 to Date of Sale ~ per diem @$58.07 (Costs to be added) Mark J. , ESQUIRE ATTORNEY FOR PLAINTIFF MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHEP~Y HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Vo Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 W~TT OF EXECUTION TO THE SHERIFF OF Cumberland COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: 335 North Middlesex Road, Carlisle, PA 17013 SEE LEGAL DESCRIPTION ATTACHED Amount due Interest From June 5, 2001 to Date of Sale September 5, 2001 Per diem @$58.07 (Costs to be added) $ By $25A~94.62 5,342.44 Prothonotary Clerk Date COURT OF COMMON PLEAS TERM 19 NO. 01-1383 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) vs. Donald H. Bauer, Jr. Francisca Morillo Bauer WRIT OF EXECUTION REAL DEBT INTEREST $ 5~ fromm, 2/k0~ to Date of Sale SP~p~~ Per diem ~$58.07 COSTS PAID: PROTMY $ SHERIFF $ STATUTORY $ COSTS DUE PROTHY. $ PREMISES TO BE SOLD: 335/~rt~ Middlesex Road Mark J~. Udren, ESQUIRE MARK J. UDREN & ASSOCIATES 1040 NORTH KINGS HIGHWAY SUITE 500 CHERRY HILL, NJ 08034 (856) 482-6900 ALL THAT TOWNSHI P, FOLLOWS: CERTAIN PIECE OR CUMBERLAND COUNTY, PARCEL OF LAND SITUATE ION MIDDLESEX PENNSYLVANIA, BOUNDED AND DESCRIBED AS BEGINNING AT AN IRON PIN ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD, SAID IRON PIN BEING IN THE DIVIDING LINE BETWEEN LOTS NOS. 6D AlqD 7D; THENCE ALONG SAID DIVIDING LINE NORTH 68 DEGREES 12 MINUTES 30 SECONDS EAST, 425.00 FEET TO AN IRON PIN; THENCE SOUTH 21 DEGREES 47 MINUTES 30 SECONDS EAST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 7D AND 8D ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 68 DEGREES 12 MINUTES 30 SECONDS WEST, 425.00 FEET TO AN IRON PIN ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD, THENCE ALONG THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD NORTH 21 DEGREES 47 MINUTES 30 SECONDS WEST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 6D AND 7D ON SAID PLA_N, THE PLACE OF BEGINNING. BEING LOT NO. 7D ON THE PRELIMINARY AND FINAL SUBDIVISION PLAN OF JOHN M. AITD JANET D. NNAUB, RECORDED IN PLAN BOOK 45, PAGE 146. BEING KNOWN AS 335 NORTH MIDDLESEX ROAD, CARLISLE, PA TAX ID NO. 21-05-0431-044 TITLE TO SAID PREMISES IS VESTED IN DONALD H. BAUER, JR. ~ FP_ANCISCA MORILLO BAUER, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES BY DEED FROM DONALD H. BAUER, JR. AND FRANCISCA MORILLO BAUER, HUSBAiqD AND WIFE DATED 1/17/1994 AND RECORDED 1/25/1994 IN DEED BOOK T 36 PAGE 794. 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Vo Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle,.PA 17013 Defendant(s) ATTOI~N-EY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 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: ) ) ) (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 Sec. 4904 relating to unsworn falsification to authorities. Pa. Mark ~. -Udren, ESQUIRE TTORNEY 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1), 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: 335 North Middlesex Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address DONALD H. BAUER, JR. 319 ACRE DRIVE, CARLISLE, PA 17013 FR3LNCISCA MORILLO BAUER 319 ACRE DRIVE, CARLISLE, PA 17013 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 record: Name of the last recorded Address holder of every mortgage of Plaintiff herein. See Caption above. EQUICREDIT CORPOP~ATION OF PA 525 PLYMOUTH ROAD, SUITE 301, PLYMOUTH MEETING, PA 19462 BENEFICIAL CONSUMER DISC CO D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 419 STONEHEDGE DRIVE, 17013 SUITE 2, CARLISLE, PA 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. 13 N. HAiqOVER STREET, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 335 North Middlesex Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. ~ark J. U~en, ESQ. Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHER~Y HILL, NJ 08034 856-482-6900 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTOP~NEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County - MORTGAGE FORECLOSURE : : !NO. 01-1383 NOTICE OF SHERIFF'S SAT,E OF ~I~AT, PROPERTY TO: DONALD H. BAUER, JR. 319 Acre Drive Carlisle, PA 17013 Your house (real estate) at 335 North Middlesex Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONER HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $264,594.67, 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 AR?,R TO PREVENT THIS SHRRIFF'S SAT.R To prevent this Sheriff's Sale, you must take ~mm~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.) IOU MAY~/LILL BE ARLE TQ ~AVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SAT.E DOES TAKE P?,ACE._ 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 HAVE A LAWYER OR CANNOT AFFORD ONe, ~O TO OR TELEPHONE THE OFFICE LIST~u BELOW TO FInD OUT WHEP~E YOU CAN GET LEGAL HELP. LAWYER REFERI~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 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff v. Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORAIEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 NOTICE OF SHERIFF'S SA?.E OF ~RA?. PROPERTY TO: FP~kNCISCAMORILLO BAUER 319 Acre Drive Carlisle, PA 17013 Your house (real estate) at 335 North Middlesex Road, Carlisle, PA 17013 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 $264,594.67, 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 RIGHT~ YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S~LE To prevent this Sheriff's Sale, you must take immediate ~ 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.) ][QU__MAY S~E_~A~L~ TO ~A~E~fQLFR PROPERTY ANI~YOI/~HAS~E~0THER RIGHTS ~F THE SHERIFF'S SALE DOES TAKE PT.~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 9© 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 PA!~ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CARNOT AFF01~D ONE, C,O TO OR TELHPHON~ TH~ OFFICE LISTED BELOW TO FIND OUT WHEP~ YOU CAN ~ET LEGAL HELP. LAWYER R~FER~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 7t7-249-3166 or 800-990-9108 US Bank N.A., f/k/a First Bank N.A., TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) VS Donald H. Bauer, Jr. and Francisca Morillo Bauer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1383 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursum~t to instructions from Attorney Mark Udren. Sheriff's Costs: Docketing $30.00 Law Library .50 Prothonotary 1.00 Surcharge 30.00 Share of Bills 25.66 Certified Mail 2.30 Poundage 1.79 $91.25 paid by attorney 7/25/01 This .~ day of ~,~ R. Thomas Kline, Sheriff 2001,A.D. C~,,~ ~ )~a~ R~al Estate Deputy 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1), 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: 335 North Middlesex Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address DONALD H. BAUER, JR. 319 ACRE DRIVE, CARLISLE, PA 17013 FRANCISCA MORILLO BAUER 319 ACRE DRIVE, CARLISLE, PA 17013 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 record: Name Address holder of every mortgage of Plaintiff herein. See Caption above. EQUICREDIT CORPORATION OF PA 525 PLYMOUTH ROAD, SUITE 301, PLYMOUTH MEETING, PA 19462 BENEFICIAL CONSUMER DISC CO D/B/A BENEFICIAL MORTGAGE CO OF PENNSYLVANIA 419 STONEHEDGE DRIVE, 17013 SUITE 2, CARLISLE, PA 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. 13 N. HANOVER STREET, CARLISLE, PA 17013 Domestic Relations Section 13 N. HANOVER STREET, CARLISLE, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 335 North Middlesex Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: June 4, 2001 ~~CIATES Bark 2. Udren, ESQ. Attorney for Plaintiff MAP~K 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Yo Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant(s) ATTORI~EY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 NOTICE OF SHERIFF'S S~?.E OF ~?. PROPERTY TO: FR3LNCISCA MORILLO BAUER 319 Acre Drive Carlisle, PA 17013 Your house (real estate) at 335 North Middlesex Road, Carlisle, PA 17013 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 $264,594.67, 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 PREVW~T THIS SHERIFF'S SAL~ To prevent this Sheriff's Sale, you must take i~ediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find OUt how much you must pay, you may call: (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 improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) IOJ/~HAI~TILL BE ABLE_TD SAVE YOUR P~ AND YOU HAVE E~Ek~IF THE SHERIFF'S Si~T,~. DOES TAKE~PJ2~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 9° 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 PA~ER TO YOIIR LAWYER AT ONCE. IF YOU DO NOT ~3%VE A LAWYER OR CANNOT AFFORD 0N~, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FInD OUT WHERE YOU CAN GET LBGAL HELP. LAWYER REFEP~P~L 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 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 U.S. Bank National Association f/k/a First Bank National Association, TR U/A dated as of 3/1/99 (EQCC Home Equity Loan Trust 1999-1) 10401 Deerwood Park Blvd. Jacksonville, FL 32256 Plaintiff Donald H. Bauer, Jr. Francisca Morillo Bauer 319 Acre Drive Carlisle, PA 17013 Defendant (is) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 01-1383 TO: DONALD H. BAUER, JR. 319 Acre Drive Carlisle, PA 17013 Your house (real estate) at 335 North Middlesex Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on September 5, 2001, at 10:00 AM in the COMMISSIONER HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA to enforce the court judgment of $264,594.67, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. THIS SHERIFF,S SALE To prevent this Sheriff's Sale, you must take ~ ' · 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: (8~6) 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.) YQ~TILL_BE .~ABL F~TO~ A~F~Y ~ ~ ~YO_U~ HA~E_ QTHER_ Ri ~HT~ FJ~EN~LF~T~ ' S SAT.E DOES TAKE~F~ 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 HA%-E A LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LHOAL 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 71'7-249-3166 or 800-990-9108 ALL THAT CERTAIN PIECE OR TOWNSHIP, CUMBERLAND COUNTY, FOLLOWS: PARCEL OF LAND SITUATE ION MIDDLESEX PENNSYLVANIA, BOUNDED AND DESCRIBED AS BEGINNING AT AN IRON PIN ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD, SAID IRON PIN BEING IN THE DIVIDING LINE BETWEEN LOTS NOS. 6D AND 7D; THENCE ALONG SAID DIVIDING LINE NORTH 68 DEGREES 12 MINUTES 30 SECONDS EAST, 425.00 FEET TO AN IRON PIN; THENCE SOUTH 21 DEGREES 47 MINI3TES 30 SECONDS EAST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 7D AND 8D ON SAID PLAN; THENCE ALONG SAID DIVIDING LINE SOUTH 68 DEGREES 12 MINUTES 30 SECONDS WEST, 425.00 FEET TO AN IRON PIN ON THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD, THENCE ALONG THE EASTERN DEDICATED RIGHT-OF-WAY LINE OF NORTH MIDDLESEX ROAD NORTH 21 DEGREES 47 MINUTES 30 SECONDS WEST, 200.00 FEET TO AN IRON PIN ON THE DIVIDING LINE BETWEEN LOTS NOS. 6D AND 7D ON SAID PLAN, THE PLACE OF BEGINNING. BEING LOT NO. 7D ON THE PRELIMINARY AND FINAL SUBDIVISION PLAN OF JOHN M. AND JANET D. KNAUB, RECORDED IN PLAN BOOK 45, PAGE 146. BEING KNOWN AS 335 NORTH MIDDLESEX ROAD, CARLISLE, PA TAX ID NO. 21-05-0431-044 TITLE TO SAID PREMISES IS VESTED IN DONALD H. BAUER, JR. AND FRANCISCA MORILLO BAUER, HUSBAND AND WIFE AS TENANTS BY THE ENTIRETIES BY DEED FROM DONALD H. BAUER, JR. AND FR3tNCISCA MORILLO BAUER, HUSBAND AND WIFE DATED 1/17/1994 AND RECORDED 1/25/1994 IN DEED BOOK T 36 PAGE 794. WRIT oF EXECUTION and/or ATTACHMENT NO. 01-1383 CIVIL 19 CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF. CUMBERLAND COUNTY: TO satisfy the debt, interest and costs due U.S. Bank M.A., £/k/a F±~st Bank M.A., ?R U/A dated as of 3/1/99 (EQCd) Home Equity Loan Trust 1999-1) PLAINTIFF(S) from Donald H. ~auer, Jr. and Francisca Morillo Bauer, 319 Acre Dr., Carlisle PA 17013. DEFENDANT(S) Real estate located at You are directedtolevyuponthe propedyofthedefendant(s) andto sell_ PA 17013. (See attached legal description.) 335 N. Middlesex Road, Carlisle (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 Ihe account of the defendant(s) and from delivering any property of the defendant(s) or othem, ise 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 $264,594.67 EL. $.50 ~nterest 6/5/01 - 9/5/01 $5,342.44 Due Prothy $1.00 ( $58.07/diem } Atty's Corem % _ Other Costs Atty Paid $119.10 Plaintiff Paid June 12, 2001 CURTIS R. REQUESTING PARTY: Name Mark J. Udren, Address: 1040 N Kings Cherry Hill NJ Attorney for: Plaint iff Telephone: (856) 482 6900 Supreme Court ID No. 04302 Esquire Highway, Ste 08034 500 by: LONG P, rothonotary. Civil Division Deputy REAL ESTATE SALE ~ L~_~ / ~, ~ ~o ~ the sheriff levied upon Ute (le~enaan[~ nteres'~ in the real prol;:)ertv cumoerland Count~,,. hL writ and by this ce~~, ~rated herein,