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Home My WebLink About04-3287 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff , , COURT OF COMMON PLEAS : CIVIL DIVISION , Cumberland County v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) =No.04 - 3~1 G~LL~~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 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 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.c. Isl Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry HilI, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Decision One Mortgage Company, LLC Assignments of Record to: Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee Recording Date: OS/28/02 Book: 687 Page: 2438 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 169 South MUNICIPALITY/TOWNSHIP/BOROUGH: COUNTY: Cumberland DATE EXECUTED: 08/21/01 DATE RECORDED: 08/23/01 BOOK: 1731 Enola Drive Pennsboro Township PAGE: 2446 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant (s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 05/17/04: Principal of debt due Unpaid Interest at 9.99% from 12/21/03 to 05/17/04 (the per diem interest accruing on this debt is $16.01 and that sum should be added each day after 05/17/04) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $116.66 and that sum should be added on the first of each month after 05/17/04) Late Charges (monthly late charge of $25.65 should be added in accordance with the terms of the note each month after 05/17/04) Deferred Late Charge Suspense Balance Bankruptcy Fees & Costs Other Fees Due Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $57,685.92 3,105,94 250.00 280.00 1,166.68 128.25 297.85 (253.83) 800.00 121. 00 2.884.30 $66,466.11 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 $66,466.11 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. Udlr'e:l, IRE UDREN LAW OFF I S, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 , ....-....,-.~,<. ,..- ALL THAT CERTJJN lftCt of 1md with lile impIoveDlClSlS. tbCfllOl1 erected, situate in East 1'amsboro Towushlp, C\IIIlberlllbcl County, PeunaylVlllia, bouMc4 _ deaf:t11lc4 as fullows. to wit: BEGINNING g a poblt on the Wastedy liDo oftbe Stenett's Gap or State Road, which pow is cIislm1t ill a Sod:lc1y cIiroI:IioJI84. 7 feet a- tQe 1ino of lands llOW or formerly of die Estate ofHCIItY BaIde; theDet South S4 0/. depee Weat 150 feet to a lIlxtcc:n foot wille alley; theDee South S % cIcgJecs El\$t a10Dg the Eastern side of sal4 alley, 20.85 !ect to a StJkc at the Une of laDd.s !lOW or fonDc:rly of.Jacob D. BonleImay and v.ifi:; theDGe along the =- of 1110 latter land, North 84 % cIepes E_ ISO filM, lbsouah . partition wall of a. doI1b1e hQU!lO mil. ~'V'~ UI tIlo said State haG; tbeDco alOllll the latter, Ncmh 5 ~ deSRCO West. 20.85 feet UI the Place ofBEGlNNING. 'HAVING 'I'B:ERBON EREC'tBl) a two aad II halfatory Sl:IDi.-detached.lhune .4-11..... . beJDs IawwD IIIId D1III1bmd as 169 South Enoll Dri.~ E1Iola, Pe.mlly\.vaDia. 00_- aid ~ J' Image Print Page] of6 HcmLec:!!!'iDIs !:inuu:ial JtGMAC cClmpal'l,v Mar"" 26, 2lXl4 Cortificd Mail, R<lUm Receipt R<queSl<d ,1433160439 SIIlldra Ciud: 169 South EooJa Drive Enola. I'A 1702, Re: Prop<<\}' Addr.,., 16<) South .EnoW Dri.. linn-hI,. PA 17025 LoanNumbor 00316043<1 A dmul. <Xi... uIlllor!he abov<: m=c:od MOJ1illliIOillocd ofT"". ]_ 3ll1"- 'l'hellCtion.1'<<]Uirod lo wn: the dofauJ,w Iht JlllYlll<ft! oC all...... due Wlder the M~!J)oed ofTl'1lM 10lll\ ogreemmt As oflht da.. or thi.1cll<r tho -.J """""" due i. $ 2.06Jl,15 That wm incilld", the ilJIlo..ms: 3 !J<l)'ll1en" _lIDs: $ I,;SU3 l.ote~ .> 349.15 Olhor f"", ...dlot c_ $ 85.')1) tTllIlJlPhed f1ll1W1 . S 253.13 Th. _1 _ duo.hown .bow J. ...bj"'" '" l'tu1h1or in"""""" for odd,'i"""l t1l<1fI1hly P"}'Ill","", I.... cIlIlr!li" _'l<es. "","or otbt:< l<e. end ""SI whioh ",oy become due, ofi<rlhe dale of thIS 1....... To obtllin IIJ1 updal. of'the total::mtC.lunt due to CUR: this dcl':roJi, onntad:w. :ft,1...800.206.;2901 TO CURE T!IIS DEFAULT, SEND YOUR ('4\SH!ER'S CHECK. MONEY ORDER. OR CERTIFIED C/lFkK IN THE AMOUNT OF:I; 2.l169 1S BY Anrll 2$, 20114 TO THE FOU):JWJNG ADJJRB-'lS llo.......lnl. Jlln....eiat P.O, B6~ 7lWU Ph_I", AZ. lI5OfiZ-li,n6 OR OVERNIGIfT TO: l82lI Eo.. !lily lhrbor Cirdl! South, Sulh 100 Phoenix. AZ. 8SG34.\l7tlo If the default i. oat oored Within tbiny (3l)) doJffl of the mailinll ofthi, I."". the 1_. without further no,,,,. or demond. will """"luate the maluril}' dote of Iht Note IlII1l ""'""" .11 """'. """"",d 11)' the M~ of TlUSI \0 be im...dtstely due IlII1l poyable The {."dor then intond, to ]""", the property sold '" . puolte C"""I"""", il1lI.. Alia """"I_ioo. " curing oflht de_ end rein......""", oC!be 1_ will b. petmilted ur It1 the time of!he il1lI. ~'poying!he 1""'1 due monthlyP'J'''''''''' ami otbor sums llu:o duo tll>llu!he.~ ofTruotl__entarul by compiYJllll with 011 t""'" of_ement Y 00 00" !he rlllirt Ie brill!!" _It 1iCI,"" t. ....n tho 1\(",."......, .f " ".C",,1t ot f1l1Y JJlher oof:o,.",e tIwt may e..XI.St to pre'IJetrt scceimtion and we of the pt'IOpel1)' THIS NOTICElS S!U'<) TO YOVIN AN ATTBMPT rocou.llCT nffilNDllBTlIDNESSRIlFIlRRlIDTO llERElN AND JIDi-Y ll><'FOltMA'lIDN OBTAINIlD FROM YOU WIll BE USED FOR TIIAT PURPOSE. S:lficereJy~ Loan Coooaeltng D.""t'l1I1eftl IlL!:! Home.comlngs HOOOdOI 2711 t<<JJfh Ho~k;eU Al!'etltIe Suite 9OOD(UlC15,-lellOj lti21)4 J:lOO2l)6.2KU tlomecomlriQ!i;,OOrll https://imaging.homecomings.com/imageview/PrintImages.asp ?DocumentID=-\J898~p ... 517/2004 Image Print Page 2 of 6 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TIllS NOTICE IS SENT TO YOU IN AN ATlEMPT TO COLLECT 11lE lNIlEBTlIDNESS REFERRED TO HERIi!N AND AN'Y INFORM/ITION OBTAINIID FROM YOU WILL BE USED FOR TIlAT PURPOSIl Ihis is an official notice that ibe ~ on \'OUr home is in de.fmJJt, and the lender' intends 10 forec.lo.se. Specific il:Ill!lmoltllm.boor too Ill""'" of the dellwit " provided In the tIttuc:be<l ~, The HOMRDWNIiR'S MORTGAGE ASSIST AJ\lCE PROGRAM (HElM AP) ""'Y lx: .hle 4. holp ~, .""" yoo- hoo1o This Notice eX'PJ~ how the ~ watt:';. Tn... ,f fffiMAP ",n help ~"" millSt !\'fF.F.T WITH A CONSI JMFR r:RJtTllT ClOUNl>1lT ,!NO AIlIWClY \\'lTIlJ'N 30 DAYS OF THDAIE OF TIllS NOTICE. Taketbis notice with",," wh<n '100 meet will> the C"""-"'lUlll.All"""'. The :name. addres.'S and !)bone number t'lf Consumet CcTed1t C<'It1t1$Climt ~cies 56f'Yir11! your C,()f,brtV me hsnm st the ~_Qf thisti.d:ice lfvouhavc: III1V qUtlitro:ru;" YOU lIlflV 0011 the: Pennsvlvania Housinr;! F i:nan.ce .Aacnc:'or toU free: 1111- R"',342.2.W7 (I'""""," With !1'I11'llIlTOO ltean1lfl 0ItI1 ",11 f711'I1'1l(;.!l!@! This Noti<< C""""'" important log>! inflll1l\O!i", If you hm: any quc51i""" rqm:omtalive. at the C"''''''''''' Cn:dit C"",,-,<l1ll$ ~ lIUly b. .hle '" help """lollllt You","y al", WllJ1! '" <;OtltllCt IlI1l\llomey tnyour ""'" 'l1>! loelll hIlI B!iwciahon may be able to heip you find a lawyer, LA NOTIFICACION EN ADJUNTO IdS DE SUMA IlVlPOlI.TANCIA. PllliS AFECTA Sli IJlllillCEO A CONTINUAR ,WIENDO EN: 5lJ CASA. 51 NO COMPlillNDE Bl. CONTF.'NRlO DB BSTA NOTlFIc."ACION OElENOA UNA TRADUCClON lMMEDIATAMllNTE IJ..AMA."IDA ESTA MENClA (PENNSYLVANIA HOlJlllNG FINANCE AGENCY) SIN CARGOS AL NIJMERO MENClONADO,\RII.IBA PUEDES SER ELIJGlBLE PARA UN PRESTAMO POR EL PROORAll-lA LlA'VlA.DO '1'iOl\.l!iOWNBR'$ EMERGl!NCY MORTGAGE ASSISTANCE PROGRA,M' IlL COAL I'lJJ!DE S-<\LV AR SO CASA DE LA PERDlDA DIlL DERECI10 A RIIDlMlR 5lJHll'OTECA !Jet< M",d126, 2004 TO S8Ildm Cluck 169 SOOth Ettoi. I!rive Enol., PA 17Q25 PremiliCS: 169 South EnolllDri\'e Enoia. PA 17025 Ro: 1_ Number' 04331611439 FRCJ!',j Hom~FIO.llcial https:/ limaging,homecomings,comlimageview/PrintImages,asp?DocumentID=56883058&P ," 5/7/2004 Image Print Page 3 of 6 HOMF.Al\\'NF..RS' ID.fERGENCY MORTGAGE ASSISTANCE PROGRAM vOIr MAY nE EUC;WU:I<OR .1NANCIAI,ASSlS'rANC~: WIDCII CAN SA v.: YOUR HOM.~: FROM Ji()/U:Cl.ClIlIJR~: ANn m:r,I'YOU MAK~:"'JTlfIl.E "'OIl.1'C;A(;1{ PAY~mNTS IF YOU COMPLY WITIl TIlE PROVISIONS OF TIlE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (TIlE "ACT:L YOIl MAY BE EUGlBLE FOR EMERGENt',';' MORTGAGE A8SlST ANeE IF YOUR DEFAULTIJAS BEEN CAUSED BY ClRCLlMSTA.NCES BEYOND YOL'R CONTROL, IF YOU HAVE A.REASONAIlLE PROSPECT OF llEING AELE TO I'AY YOl'RMORTGAGE PAYMENTS, AND IF YOU MEET OrnER ELlGlBlUTY REQUIREMENTS ESTABliSHED BY TllB PENNsn v ANL4 HOUSING FIN.ANCE ,w!':Ney TEl\.fP()IL\RY STAY OF FORECLOSURE - Unde, the Aa,. Y"" "'" entitled m .~' ,laY ofior<lcl= on }'\'UI' 111<>r1i!o'l1< f<>r tlu,,)' (30) day> ii"", tb< dm. Q/' this Noo"" rJutUlg lOOt trm.. Y"" \11ll$t _ Ill1d attend a "_fa",," meeting with "". of the """"""'" cneclit """"",ling -"'" listod .. the end of this Noli",. !!:1m IIfEETING MliJliTOCr.IJR WlTHlNTHF. NI':XT 3D JlAVS IF YOU PO NOT APPLY FOR EMERCrilNCY MORTGAGE ASSISTANCE. YOU MUST IlRlNG YOUR MORTGAGE UP TO DATIi. THE PART OF THIS NOTlell CAllED "HOW TO CURE YOUR MORTGAGE DEFAULT", ID.."PLAINS IJO\\l10 BRING YOUR MORTGAGE UP TO DATE ~ONS1JMF:R CR1IDIT COVNIi>F:T,lNG AGF:NCIY.!> - !If you ..... wilh on, of In. """""""'f .,.<lit """....lIng -..,.. II""" at lhe end ~f t1usllllli<<. the 1_ "'1' NOT tllke ....en llQIlmSt you for thirty (34)) dL\j" .n"" the <lore of this fDlXring 'l'he namcs" addrcJSeS and tciephme numbeB of desi~tcd Ct'lf"JSUmtT cmdit c01.l1t!ielinw aaCllC1e~ far t:M coontv in whim the propertv t$. loetted are~. fMh 91 the. end of tms1rJotlC(!- It.1> onIynec~' ro schedule one face-to-face meeting, Advise: your lender immcdiatelv of )'our .intcn1iom-. APPLICATION FOR MORTGAGE ASSISTANCE - Yoor ~ IS i. <lefuuU for tb< "",."". set fOl1h""" in this Nab"" (s"" "'Hawing pap for """,illc Iniarm..."" .bout tl>< """"".f}'\'Ul' <k&wlt,) If Y"".bm-o tried and ore ....b1. t" "".01.. this ]>I\llliem with 1M lmder, yoo have the rJght 1<> ""ply for finanCIal....."""'" _ the Ilom:""""f" Em"'B"l1"Y M~ ."""isIam:c~. Te do "" you. mll&l fill out. Kil!l' ond fil.. oompIdcd lIom.o....""". ~y AM_ progmm AppI..,lIt\oo with on. of 111. ~ """"""" ...",hl ""u_I!r1g agel:'K.'1cslist.ed lit the end ofiJus Nohce_ Onl)"~' credn coon$&.hng ~.ci:es have appli.QQljon.;; for 1M ~ ..d !hey will ...... YOlI lJl oubmitting. compiete appli<ll1ian 10 lb. Pmnsyil'lllli. H_ Finance .~' Your appHcntlOl1 MUST be filod or p~ Wltlu. thIrty (30) d"Y' of your f_I<>-lil1:. m.etmg, P:f\lD\i:R CONTACT lNRRGARDS TO PF.NNliVI.V ANIA HOlJSING l'INANCIA1. ASlilSTANr.F i:lomeC\1flling.'i> Finonciro 9350 W""", WL\j' Suit. l/J(j San Diego, CA 92123 Ann. Con"", ('_let. Fred ~.1Ii Pbom:; LSOO.206.2llOI, or 858.505,15S3 https://imaging,homecomings,comlimageview/PrintImages.asp?DocumentID=56883058&P." 5/7/2004 Image Print Page 4 of 6 ALl, (;()RRESPONlIENCE RIl.'GARDIN(; PHI'A A..'lSII>'1'ANCr.: SHOUW BE F'()RWAlIDEU TO TIfE ABOVE RRFERENClID A.J)URFJiS. YOlt Mlm FILl! YOUR APPLICATION .PROMI'TI.\',IF YOU FAIL .to 00 SO OR II' YOU 1>0 NOT FOUAlW THE OTHER TlMF, PERlOIliS SET FORm IN nns LETTER. FORRCWI>1JRE MAY PROCFEU AGAINST YOUR HOME I!\<lMEDlATRLV ANI) VOL'll APPLICATION FOR MORTGAGE ASSISTANCE WllJ. DE UF.NIEI) AGF.NCV ACTION - Available ftmds. [or emexgcncy ~ usis.tanc.e are vcryiimitcd They will be disbursed by the Apn<y undel tlN .li[lil>ihly <ote,hi .Sllibhsbed by tlN Act. The 1''''''''Yll'llIlill Hou.ing Finaru;< .~ "'" _yo (60) day" Ie """'" . decislOll of.... It ree,,,,,,,,, your oppllClltion Dun1lil thlIlllm., lID for""losure pro~ will be pursued IIg.m..t)'ml if you h",,, metlh. time r<qull~"'" sot forth '"""". Yoo will bonnlificddimetly by ~ P~Jvlmiallal1Sl:l1g: Ft.nSJ:K:(' A~' of tl:i ili:IdslOOOO yoor appil.cllUDfL NOTE: IF YOU ARE CIlRRENTL V PROTECTED BY THE FlLlNG OF A PETrrJON IN BANJl:RUPTCY. THE FOLLOWING PART OF 'I'IIIS NonCE IS FOR INFORMATION PIJRPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT TlIEDEBT (If,.... mo'" DIed blmkrupt.-y you tIIn 0101 apply 10'E_ ~ All""""..,) BOW TO CURE YOUR MORTGAGE DEFAULT f'Brin2 it up ... date). NATIJRt: OF TID: Il "FAlil.T - Tho MORTGl\Gll debt hold b)'!be iii""" lender ""your prop..w '""""d at 169SouthEnohDri", En.la PA 17il:!5 IS SERlOUSL Y IN DEFAULT be.,"",. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS ,or Ib, fullowlIIl! month.. mxJ the fuJlowing ..-.nls Ill< "0'" J'O'I' due MonIhIYP"ymen1ll_ OI/Zlm4ro0JJ211114tOOlling Late Chars<< Other I.... ondlor 0001> (includitlil NSF <bargo, fIl1d propttt)' ""1"''''''''''') LESS. Unopplicd Funds TOTAl, $ l.88SK, $ 349,15 $ 85.00 $ 2S3.ll:l $;J'(X59,15 1~' TO CTJRl1 TfIF. llKFAlTLT ., You may"",. the dofouIt "'thin TIIIRTY lJO) DAYS ,,(tile dot< of thJ. Noti"" BY PAYING TIJE TOTAL AMOUNT DUE TO TIrE LENDIiR. W1BCH IS S 1.1l6l>.15. PWS AN':! MORTGAGE PAYMENTS AND lATE ClIAitGES WRICH BECOME DUE DURING TIlE THIRTY (30) DAY PERIOD. Po,,,,,,,,," must be mod..it.her !w CllOh. ._', cheek. <OI1il1ed """'" or mon"" Ol'dtr made ...""'Je Ilt1d ptto" H_COIIIings FinaDcilol. 1'.0. Box 78426 I'hoenh:, AZ 85062-8426 OR OVERNIGHT TO: J llZll 11;.... ~. Harbor Cirde SoullI. Sm.., J 00 Phoenix, AZ 85034-9700. IF YOUDO NOTCIJRE TlJEDEFAULT -If)'Uu do not = the defllUll witlrin 'I1m<TY (:I<J) DAYS aftlN date of thi$ Notlo=, thf' ..nder tnten. In ewn::ile' ,t- -riaJht to uetltnUill Ihfl DlorhfJln deItt This meanlli that th~ (TIllIe ~lutsum.dlt~ balance of lnill- debt. will be oon.~idered due immediate I,)' Imd you may Jtilie the chance to poy the :i:fit}(tgage in """,illy inslBllm_. If lull I"'Y"'''''' of the ltlInl_ Jl'I'I1 due "' not mod< within TIlIRTY (30) DAYS. the londor als<> mtends '" l1elt""" Its ",'''''''',. '" swtl. aotlon 10 ,oreclo.._ your morQ!1l!!il<l prop..my https://imaging,homecomings,comlimageview/PrintImages.asp?DocumentID=56883058&P ,., 5/7/2004 Image Print Page S of 6 JF TffF: MORTGAGE IS FORFCI.osJiD IJPON The m~ Jlfi'!'<rtY will be soW hy Ille Sberin' to p!lY 00' Ibo m~ OdlL lftho lender mr... your ""'" to i.. al"""oy, but yoo """ tho cldinqu=y bef"", Ihe lend<r b'l!ins 1"lI'dproceedifli,' agam'll yoo. l'ou will ..nil be roqwr<<l '" p!ly ilic """",,,.hle .1I<01l"'Y'S re.. thot were OClUO.lJy incllJTed. up ro ~:50,O(l. Ho\\.-.v<r, if leJlllI proceedint1> ore 'wted O@Illnst you, you will Mre ID p!ly all ",a."".,"lt -.:nor'. tees .""",lJy ~ by tho l<nw, ..... if tboy """""d $SMO. Any attomt)," f... will be ad<l<d w th. llI!louut you <'lW< tho lender, which may also include ather _ble """" Jf..,II '11" lho oI<f.1I1l wlthlo lh. THIRTY (JO) DAY JM!ritMl. you will nfJI be l'C!QUil'fil to PHY IIItDl"ncWIIll flNl!i. 0TR1<~ 1.111'l!)KIl: RF:MF.IlIKS - The londer nlllY aiso "'" )""-' pe'''''1ll1l1y for Ill, un['Qid pnnelpaJ halu"". rntd.U otbet,..... dut uo,." tho mortj!ll!!e. f{IGflT T'O eUJu: TIn: IIRt'AllJir PRIOR TO !>'lIERlJi'I"S SALE -1f)'O\I,,",'O "'" """'. tho <IdiI\I1t WllhID tho l'HlRTI' (30, DAY period om! fcreclo"",,, pro<:<ediltil' have begun. ~l.Still hove ilic ~ I" Clll:Uh<<.ctefmllt and pf'e\\C'flt the sale at IIItV time up to one hour before ihe Sheriff's. Sale Y OUlMV 00 so h)' pavinl! the total amount then fL~ dt.Je, fllulI ImV lflltl .or' otM' chRfiClt th<<t due. res.'IOmlble BUnme'/ ~ f~ nnd ~ ~ont1Cct.ol;l with (hI!' fore"","",, """ Illtd "",. otlte< OOSlS """",,,,<<I Wllil tho Shmill'. Sole.., Illlocifie. In wntI11l! be the lend", and bv pe-rf<1mlin~ """ ""'or reauir<nlCl1l, Imdcrth.~. Curing YOU. del....lt In tlM\ mamI'" lOt forth io thi. Notice wllI_... yeur ~o:g.lo lite...... p_ MIfY"" bad......r dofllumd. EARLIEST POSSIllLE SJIERIIlF'S SALE DATE .- Jt i. <Stim""'] that the ..rli... cIote Illat...m. Slterilr. So.I. of the. mOTlilitlil'a propeny could be bold woold be al'flnlli.ateIy .Ix (6) ..o.lh. [",,,,III. dale of IIIl_ Nollet, A not,,,,, of lil.......1 dOle. of the Sheriff, Sa!< \\'aJ be sent to )""-' bcl<lre tho sale. or c",w,..the .."ount needed .0 ..... the Ocfoult will ........lI1e 1_ yoo wait You ",,",' find"", oJ:my time _Iy who'lOe ""I"ircd 1"')1l\<Ilt '" oct,,,,, will 00 by COII1act1Jlg 1ho lender. HOW 1'0 (:ONTA(:1' TIm I.ENDER: H""'eoomtllll"~'lJllIltCi.1 :rill N H..i<cll, Suite 9((, DlIII.., TX 75204 Attn Loon C"""""linGThporlmc:nt Phon, 1.&<JO:!OO.290] f."f'F.C'T' Of! THE SHF.RI~'f!'S SALF. - Ycu shmtId reall1" that 0 Sheriff'. 301.w111 end )'lJUfownc"hip ofth, ..~properl)' and your tight '<1 _uPy It Jl')'oo =1'""" t(> j",. in Ill. pmperty after tho Sheriff. Sale, . I....... to ,,"JU'''' you and your funUshing:> Illtd otba-. bei~ cooId be libIrted by the lo::ndcr at ""!' time ASSUMPTION OF MORTGAGE - Yo" may be ahle ro :><11 Of _ your home m . btIytr ...-..rete. wh" MIl assume the: mort:~ debt, provided that all the< oot.st:mding .flIllYInr:WJ, ~-s and aitomcy's tees.and GOSis are paid ptlOf to Of.t lhe ..u. on. thot the oth'" requirem<ll,. of ilic m",,- are ....<f,ed VOIJMAY AUID HAVF: TifF: ~IGHT: TO SELl. TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF TIm MORTGAGE DEBT OR ltl 13Ol/ROW MONEY \i1mM ANOl'HER. Ili'NfllNGINS'l11'tlTION TO PAY OFF 'fHlS DEBT TO HAVF. THIS DBr'AU!.T CURElJ.BY ANY THIRll PARTY ACTING ON YOUR .BBHALF https:/ /imaging.homecomings.comlimageview/PrintImages,asp?DocumentID=S68830S8&P ,.' sn /2004 Image Print Page 6 of 6 '1'0 HAVE 'fElE MORTGAGE RESTORED TO THE SAME POSmON AS If' NO PBFAULT !lAD OCClJRRED, IF YOV CURE TIm DF.FAW>T (HOWEVER. )'OUDO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE T!IAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT nlli NONll.X1SUlNCE 01" A DEFAULT IN ,-\NY FORECWSUHH PROCEEDING OR ANY OT!IER LAWSVIT lNSTITI:;rrED UNDER THE MORTGAGE DOClJMENTS. TO ASSERT A'IY OT!lER DEFENSE YOU BELlEVE YOU MAY R,WE TO SUCH ACTION IlYTIlllLBNDIlR TO SEEK PIWTECTIONUNDER TIlE F1IDERAL IlANKRIJPTCY .LAW Sw:mly. Loon COOll..lingD_ f'.:ool(l~$) r.im "rc"""..lingAgoncies https:/ /imaging.homecomings.comlimageview/Printlmages.asp?DocumentID=56883058&P." 517/2004 V E R I F I CAT ION 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. Udr~ ~~RE UDREN LAW OFFICES, P.C, '6q. G (:) ~ ..., (j eo. N C...~ t ...- ~ L_ , ., (J( 0 1 - CD -. ..t:: ~ ~ -n ;'j 6' ~ I" -c (J..J r:~) ~ 0 C::> -...() ~ < OJ --L.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-03287 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS CLUCK SANDRA SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLUCK SANDRA the DEFENDANT , at 1704:00 HOURS, on the 19th day of July , 2004 at 169 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to SANDRA CLUCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 r~~ R. Thomas Kline 07/20/2004 UDREN LAW OFFI Sworn and Subscribed to before g::. me this '{- day of ~.~~ A.D. , --- . {J .~ " dAL:. othonotary , ~-J By: ./ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee Plaintiff v. Sandra Cluck Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 04-3287 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached 'Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: August 24, 2004 UDREN LAW OFF'ICES, 1. C. I By,~JES""irs Attorney for Plaintiff V E R I F I CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the beist of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Se,ction 4904 relating to unsworn falsification to authorities. Date: 't3 i'l,0100!' ~~ Title: Alssistant Vice preisdent Company: Homecomings Financial Netowrk Sandra Cluck Loan #0433160439 MJU #04050068 ". ", C~ :, ( . - ~ .A:.- ::-:1 ;'1 ;", (.r: "".,'" c) UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) NO. 04-3287 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Sandra Cluck 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 05/18/04 to 08/24/04 Late charges per Complaint From 05/18/04 to 08/24/04 Escrow payment per Complaint From 05/18/04 to 08/24/04 TOTAL $66,466.11 1,584.99 76.95 349.98 $68,478.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notic has been given in accordance with Rule 237.1, a copy of which is hed hereto. UDREN LAW -<.s I :l/V"f Mark J. U re , ESQUIRE Attorney for Plaintiff AS IND~ j I<.~ PRO PROTHY if-- DAMAGES ARE DATE: r:l~ HEREBY ASSESSED UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Deutsche Bank Trust Company Americas f!k!a Bankers Trust Company, as Trustee Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Sandra Cluck Defendant(s) NO. 04-3287 CIVIL TERM Sandra Cluck 169 South Enola Drive Enola, PA 17025 DATE of Notice: August 11, 2004 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CABO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, US TED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLEC ION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND IS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WIL~s1'U ED FOR THAT PURPOSE. Mark J, Uctre~ \E u~re Woodcrest Corpo ate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire A~~Y I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-482-6900 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 04-3287 CIVIL TERM v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF MINNESOTA SS COUNTY OF DAKOTA THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon invest~gations 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: Sandra cluck Age: Over 18 Residence: As captioned above Employment: Unknown : A/;/;:f1:: Ti Ie: Assistant Vice President Sworn to and subscribed Company: Homecomings Financial Network before ~h.iS /<r da'U o~ I I 1n 1::00:{ . N~hW' J.~}-\: YfJ-ce-'''-- ....- .... .... .... -. .... .-. .- .- .- - .... .. .. LAURA A, BONDGtEN ' l NOTARY PUBLIC, MINNesOTA , ~ :1 MY COMMISSION I . ,. EXPIRES JAN, 31 2008 , ,... ~.. ~ - - - - - - - -- - - ~. ~ - (:) ~ ~11 ~ c: '- 8 r' ~ ~ ;V ~ 6' 6"- p:: kS"<o} ,""" UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) NO. 04-3287 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From 08/25/04 to Date of Sale December 8, 2004 Per diem @$16,Ol $68,478.03 1,697.06 (Costs to be added) $ Mark J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF cJ ( t"\ ~. ~ ...... ~ -.."" (";:) )U r ~~ ~'69. -- ~-:-o~~;t) ~ :-- -- CtlO~:""() - t/j C 0- ~ .....:l C (> DCCOD.- ~ ~ ~ft! (fI If"'- ~ r--e , 6""- , :: :: - - ~:f: t: "C' / , , , , e. - - ::. ~ +- ~ ~ ,-. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3287 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS FIKIA BANKERS TRUST COMPANY, AS TRUSTEE Plaintiff (s) From SANDRA CLUCK (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $68,478.03 LL $.50 Interest FROM 8/25/04 TO DATE OF SALE 12/8/04 - PER DIEM @ $16.01 ' $1,697.06 Atty's Comm % Due Prothy $1.00 Atty Paid $121.10 Other Costs Plaintiff Paid Date: AUGUST 25, 2004 CURTIS R. LONG (Seal) Prothono~ 7n ~y: L.(/}~IJ ,P , "(02Aj"~5 Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST ROAD, SillTE 200 111 WOODCREST ROAD, SillTE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669,5400 Supreme Court ID No, 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856.669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO. 04-3287 CIVIL TERM Defendant(s) C E R T I FIe ATE 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: An FHA insured mortgage Non-owner occupied Vacant X Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN W OFF'O~' P.O. Mark ,U ren, ESQUIRE ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. BY, Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO. 04-3287 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee, 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: 169 South Enola Drive, Enola, PA 17025 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Sandra Cluck 169 South Enola Drive Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 169 South 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 24, 2004 unREN W omCE~ P. C. Mark . U ren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO, 04-3287 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra Cluck 169 South Enola Drive Enola, PA 17025 Your house (real estate) at 169 South Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $68,478.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate aetion: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay, you may call: (856) 669-5400, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling 856-669-5400, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, amount due 5400, The sale will go through only if the buyer pays the Sheriff the full in the sale. To find out if this has happened, you may call 856-669- 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO. 04-3287 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra Cluck 169 South Enola Drive Enola, PA 17025 Your house (real estate) at 169 South Enola Drive, Enola, PA 17025 is scheduled to be sold at the Sheriff's Sale on December 8, 2004, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $68,478.03, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff's Sale/you must take immediate action: 1, The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay, you may call: (856) 669-5400, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling 856-669-5400, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. amount due 5400. The sale will go through only if the buyer pays the Sheriff the full in the sale, To find out if this has happened, you may call 856-669- 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 hid 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 ONCl!:. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) NO. 04-3287 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". This Affidavit is made subject to relating to unsworn falsification forth by Pa Rule C.P. All Notices were served within 3129. 18 Pa.C.S. Section 4904 Dated: November 16, 2004 P.C. BY: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 04-3287 CIVIL TERM v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 Defendant(s) DATE: October 11, 2004 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Sandra Cluck PROPERTY: 169 South Enola Drive Enola, PA 17025 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 8, 2004, at 10:00 AM, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A , Gl Gl '" U. .:.:. m ni 0 E ui ~ 0:: 'Gl ~Gl enu. 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E o (,) Gl .c - '" :l :IE E '- o u. ~ OJ OJ Deutsche Bank Trust Company Americas f/kla Bankers Trust Company as Trustee VS Sandra Cluck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3287 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20,2004 at 7:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sandra Cluck, by making known unto Daniel Albright, boyfriend of Sandra Cluck, at 169 South Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 07,2004 at 2:44 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Sandra Cluck located at 169 South Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sandra Cluck, by regular mail to her last known address of 169 South Enola Drive, Enola, PAl 7025. This letter was mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. Sworn and subscribed to before me This _ day of so~swer . ~/#:, ~ ~;J""~ ~ 'R. omas Kline, S eriff By\/~~ Real Estat eputy 2004, A.D. Prothonotary f' >.; \ :' f " ~,.i ~.:i '~l.- ~ n ......., r'- = ~ -':,;,:- = ...t:- ~ --/ 0 :r:.,., ""C [-11-..- 1'.) ,- ::om .+:- ~:}~ ,~) '"1) ::::1 -I" c5:d -_.!io. 2f") ~ On .c..- 5;1 :":0 .s.- -< " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND o t.; - 32.'67 }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriffs Deed in which DEUTSCHE BANK TRUST CO AMERICAS is the grantee the ame having been sold to said grantee on the 8th day ofDec AD., 2004, under and by virtue of a w 't Execution issued on the 25th day of August, AD., 200.1, out of the Court of Common Pleas 0 said County as of Civil Term, 2004 Number 3287, at the suit of Deutsche Bank Tr Co Americans gainst Sandra Cluck is duly recorded in Sheriffs Deed Book No, 266, Page 4157, IN TESTIMONY WHEREOF, I have hereunto ",.I and seal of said office this , AD2004 et my hand day of Recor er of Deeds CIIUIlIr.~~ , lIoIldiW a1.....1IClllI , , Deutsche Bank Trust Company Americas flk/a Bankers Trust Company as Trustee VS Sandra Cluck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-3287 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states t at on September 20, 2004 at 7: 19 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upo the within named defendant, to wit: Sandra Cluck, by making known unto Daniel Albright, boyfriend of Sandra Cluck, at 169 South Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states th t on October 07, 2004 at 2:44 o'clock P.M" he posted a true copy of the within Real Es ate Writ, Notice, Poster and Description, in the above entitled action, upon the property 0 Sandra Cluck located at 169 South Enola Drive, Enola, Pennsylvania, according to la R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within name defendant, to wit: Sandra Cluck, by regular mail to her last known address of 169 So h Enola Drive, Enola, P A 17025. This letter was mailed under the date of October 06, 2004 and never returned to the Sheriffs Office, R, Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberlan County, Pennsylvania on December 08, 2004 at 10:00 o'clock A.M, He sold the sam for the sum of $1,00 to Attorney Mark Udren for Deutsche Bank Trust Company Americ s, tka Bankers Trust Company, as Trustee, It being the highest bid and best price recei ed for the same, Deutsche Bank Trust Company Americas, tka Bankers Trust Company, as Trustee, of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, being th buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $786,51, it being costs, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30,00 15.42 15,00 15.00 30,00 10,00 ,50 1.00 Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 22.20 15,00 20,00 256,10 261.37 30.42 25,00 39.50 786.51 Sworn and subscribed to before me This ~ day of(1" ^"} I 2006;' AD, 9r t2 flu}'" ~ IJ,04; P othonotary So Answers: /./ _ r~-'~~.f~ R, Thomas Kline, Sheriff BY, )CC~ Jmdh Real Esta eputy c . CD 30 v I,':> 'i ,). ~1) " i'!J-Y6 II UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAI IFF Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO, 04-3287 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Co pany, as Trustee, Plaintiff in the above action, by its attorney, M rk J. Udren, ESQ., sets forth as of the date the Praecipe for the W it of Execution was filed the following information concerning th real property located at: 169 South Enola Drive, Enola, PA 1702 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Sandra Cluck 169 South Enola Drive Enola, PA 17025 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 judgmen 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 m tgage of record: Name Address Plaintiff herein, See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None and address of every other person who has any r cord in the property and whose interest may be affected b the 6. Name interest sale: Name Address Real Estate Tax Dept, 1 Courthouse Sq., Carlisle, PA 7013 13 N. Hanover St., Carlisle, PA 7013 Domestic Relations Section Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept, 28 946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintif has knowledge who has any interest in the property which m y be affected by the sale: Name Address Tenants/Occupants 169 South Enola Drive Enola, PA 17025 I verify that the statements made in this affidavit are tr correct to the best of my personal knowledge or informati belief. I understand that false statements herein are made s to the penalties of 18 Pa.C.S, sec. 4904 relating to u falsification to authorities. UDREN DATED: August 24, 2004 Mark ,U ren, ESQ, Attorney for Plaintiff e and nand ject sworn . ATTORNEY FOR PLAI IFF UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Deutsche Bank Trust Company Americas f/k/a Bankers Trust Company, as Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Sandra Cluck 169 South Enola Drive Enola, PA 17025 NO. 04-3287 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra Cluck 169 South Enola Drive Enola, PA 17025 Your house (real estate) at 169 South Enola Drive, Enola, PA is scheduled to be sold at the Sheriff's Sale on December 8, at 10:00 AM in the Commissioners Hearing Room, 2nd Courthouse, Carlisle, PA, to enforce the court judgme $68,478.03, obtained by Plaintiff above (the mortgagee) a you, If the sale is postponed, the property will be relist the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriff1s Sale, you must take immediate action: 17025 2004, loor, t of ainst d for 1, The sale will be cancelled if you pay to the mortgagee the back ayment, late charges, costs and reasonable attorneyls fees. To find out ow much you must pay, you may call: (856) 669-5400, 2. You may be able to stop the sale by filing a petition asking the ourt to strike or open the judgment, if the judgment was improperly enter d. 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 procee ings. 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 n tice on page two on how to obtain an attorney.) 1, If the Sheriff's Sale is not stopped, your property will be s the highest bidder, You may find out the price bid by calling 856-669-5 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 2. You may be able to petition the Court to set aside the sale f the bid price was grossly inadequate compared to the value of your property. 3, amount due 5400, The sale will go through only if the buyer pays the Sheriff th full in the sale, To find out if this has happened, you may call 85 -669- 4. If the amount due from the Buyer is not paid to the Sheriff, remain the owner of the property as if the sale never happened. will 6. You may be entitled to a share of the money which was paid house. A schedule of distribution of the money bid for your house will by the Sheriff within 30 days after the sale. This schedule will state w be receiving that money. The money will be paid out in accordance wi schedule unless exceptions (reasons why the proposed distribution is wro filed with the Sheriff within ten (10) days after Schedule of Distribu filed, your filed will this g) are ion is 5, You have the right to remain in the property until the full due is paid to the Sheriff and the Sheriff gives a deed to the buyer. time, the buyer may bring legal proceedings to evict you. 7. You may also have other rights and defenses, or ways of getti 9 your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO F ND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN 1lICt of led wi'Cll the iDlprovemem, thereon erected. sitUate in Pmmsboxo ToWDShip, Clllllberlal1c1 Counly, PezmsylwDia, boWllkd _ delA3Dcd as fallows. to BEGINNING at a poUlt on the WC9Il:dy 1i= oftlK: Ste.IClt'S Gap or State RtNId, "lIIbie:b poinI is in & SO\Uhtd.y cIirectiol184. 7 feet !om tile Iiuo of lands :now or 1'or=c;ly of lbe istale ofHCIllY tbeDce S01Ith 84 0/.. clepDat Wat 150 feet txl a sild=cn foot wide alley. tbalce South S !A de Ellllt aloug the Eastem siQc of sal4 .ney. 20.85 feet txlll ~ at the IlDe oflaDds !lOW Ot ibtmr:rly of acob D. Bardelmay lI!Id 'Mfc; 1hmle aImIg the liu of~ IatlIIr land, North 84 0/., depeI EDt 1 feet, tIuou8I1 a paniticm wall of & dDIIble house &IIIl. be)oD6 to tbo said State haci; theD= aloug the NOtIh S !A deplC$ WC$t, 20.85 feet to !be Place ofBEGlNNlNG. HAVING THEREON ERECTED a CWo aad II half amry semi-deta.:hecl bne dweUiDg. . bems k:Qqwn lIIId Dll!I1bareclas 169 SClIIth Enol! Dri~ Ebola, PeI1'IlIylV8llia. Aid ,\ BEING KNOWN AS: 169 SOUTH ENOLA DRIVE, ENOLA, PA 17025 PROPERTY ID NO. : 09-15-1291-188 TITLE TO SAID PREMISES IS VESTED IN SANDRA CLUCK BY DEED FRO MAIN STAR REALTY, INC. DATED 08/21/01 RECORDED 08/23/01 IN DEED B K 248 PAGE 291. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04,3287 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICA F/K/A BANKERS TRUST COMPANY, AS TRUSTEE Plaintiff (s) From SANDRA CLUCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen .nt (s) or otherwise disposing thereof; (3) Ifproperty of the defend.nt(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added a garnishee and is enjoined as above stated. Amount Due $68,478.03 LL $.50 Interest FROM 8/25/04 TO DATE OF SALE 12/8/04, PER DIEM @ $16.01 - $1,697.06 Atty's Corom % Due Prothy $1.00 Ally Paid $121.10 Other Costs PlaintilIPaid Date: AUGUST 25, 2004 CURTIS Ro LONG (Seal) B: REQUESTING PARTY: Name MARK Jo UDREN, ESQUIRE Address: UDREN LAW OFFICES, Poc. WOODCREST ROAD, SUITE 200 111 WOOD CREST ROAD, SUITE 200 CHERRY HILL, NJ 08003,3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No, 04302 Real Estate Sale #29 On August 31, 2004 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 169 South Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2004 By: JoduS~ Real Estate'Deputy e c:;:;:u c:::u;] = @ li1iV US!::'3d -,~ r...., . '- ij i 7 ~0!1 I....., . ^~ 1, , , ~' , ,jj'J .:L:.lk. REAL ESTATE SALE No. 29 Writ No. 2004-3287 . Civil Term Deutsche Bank1\u.st Company Americas f/kJa DankelS Trust Co. as Trustee VB Sandra Cluck Atty: Mark Udran DESCRIP110N AU. 1lW' CElUAIN fract of land with the improvements, theroon erected, situate. in East Pennsboro 'Township, Cumberland County, , Pennsylyania, bounded and described as follow., to wit . . BEGINNING at II point on the Westerly line of the Stenetl'~ Gap or Slate Road, which point is distant in a Southerly direction 84.7 feet from the line of lands now or fotmerly of the Estate of llemy Bende; thenre. South 84 _ degrees West 15Gfeet to a sixteen-foot,wide alley; thenre South I 5_ degrees East along the Eastern ~de of said alley, 20,85 feet to a stake at the line of lands now or formerly of Jacob D, llo11:lelm.ay and wife; the.ocealong the line of the latter land, North 84 _ degrees East 15G feel, through a partition wall of a double house and beyond to the said Stale Road; thenre along the latter, North 5 _ degrees West, 2G,ll5 feet to the Place of BEGINNING, HAVING lHEREON erected a two and a half stlll}' semi-<letached fnune dwelling, said premises being !mown and nmnbered as 169 South Enola Drive, Enola, Pennsylvania, BEING KNOWN AS: 169 South Enol> Drive, Eno1a,PA 17025, PROPERTY ID 1109-15-1291,188- TITLE TO SAID preinises is vested in Sandra Cluck by Deed from Main Star Realty, Inc, dated <J8I21/01 recorded 08123/01 in Deed Book 248 Page29L REAL ESTATE SALE NO. 29 Wrtt No, 2004,3287 Civil Deutsche Bank Trust Company Amertcas fjk/a Bankers Trust Company, as Trustee vs, Sandra Cluck Atty.: Mark Udren ALL THAT CERTAIN tract ofland with the improvements, thereon erected, situate in East Pennsboro Township, Cumberland County, Penn- sylvania, bounded and descrtbed as follows, to wit: BEGINNING at a point on the Westerly line of the Sterrett's Gap or State Road, which point is dis- tant in a Southerly direction 84.7 feet from the line of lands now or formerly of the Estate of Henry Bende: thence South 84 3/4 de- grees West 150 feet to a sixteen foot wide alley; thence South 5 1/4 de- grees East along the Eastern side of said alley, 20,85 feet to a stake at the line of lands now or formerly of Jacob D. Bordelmay and wife; thence along the line of the latter land, North 84 3/4 degrees East 150 feet, through a partition wall of a double house and beyond to the said State Road; thence along the latter, North 1/4 degrees West, 20.85 feet to the Place of BEGIN, NING. HAVING THEREON ERECTED a two and a half story semi,detached frame dwelling, said premises be- " ing known and numbered as 169 South Enola Drtve, Enola, Pennsyl- vania. BEING KNOWN AS: 169 South Enola Drtve, Enola, PA 17025, PROPER1Y ID NO.: 09,15,1291- 188, TITLE TO SAID PREMISES IS VESTED IN Sandra Cluck by deed from Main Star Realty, Inc, dated 08/21/01 recorded 08/23/01 in Deed Book 248 Page 291. . ~