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Home My WebLink About02-0112MARK J. UDREN & ASSOCIATES BY: Mark J. Udr~-, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Richard E. Bard Lowanda M. Bard 323 Airport Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION -Cumberland County : No. 02 - COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado clue si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiereque usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEHANDA A UNABOGADO IMI4~DIATA~ENTE, SI NO TI~NE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLA~E POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. 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 a.s 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 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 mall it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Option One Mortgage Corporation Assignments of Record to: Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 Recording Date: LODGED FOR RECORDING 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with PA.R.C.P. 1019 The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 15 Irvin Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Southampton Township COUNTY: Cumberland DATE EXECUTED: 04/23/99 DATE RECORDED: 05/07/99 BOOK: 1540 PAGE: 176 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 te£ms, 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 o,ther charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 11/26/01: Principal of debt due and unpaid Interest at 9.9% from 07/01/01 to 11/26/01 (the per diem interest accruing on this debt is $26.02 and that sum should be added each day after 11/26/01) $95,931.18 3,842.23 Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) 250.00 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $121.84 and that sum should be added on the first of each month after 11/26/01) 179.41 Late Charges (monthly late charge of ~51.04 should be added on the fifteenth of each month after 11/26/01) 255.20 Suspense Balance Total Fees Other Fees Recoverable Balance (127.55) 45.50 48.00 48.00 Attorneys Fees (anticipated and actual to 5% of principal) TOTAL 4:796.56 $105,548.53 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 $105,548.53 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 & ASSOCIATES Attorney for Plaintiff Attorney I.D. No. 04302 Ilmt certain lot oFgmund with a street address oF 15 Irvin Drive, Shfppensburg, lying and being Southampton Township, CUmberland County, Pcnnsylvar~ia, more pad. icularly bounded and described as Follows: BEGINNING at a point on the southern edge o£a fi~ 50 public road known as lrvin Drive. ,~ ....... Y ( ) oot wid.e right-oF-way £or a eronoscd (49) degrees eighteen - - , ,,,~ ay tile southern edge oJ'the nght-o£-way, ~orth (18) minutes forty-throe (43) seconds Fast, one hundred seven and twelve hundredths (! 07.12) ~'eet to a point; thence along rite same, to a curve to tl~e right, havJn§ a radius ol~ l]fleen and zero hundredths (! 5.00) Feet, an arc length of twenty-three and fil'ty-six hundredths (23.56) feel a cl~ord beating of South eighty-five (85) degrees forty-one (41)minutes sev~tc~ (1 seconds F. aaL and a chord length oFtwenb/-one and twenty-one hundredths (21.21) Feet to a point; thence along tho western edge of a l]Ry (50) £oot wide rlght-o£-way £or a proposed public road known as lan Court, South £orty (40) degrees tony-one (41) degrees sev~teen (17) minutes -East, · qfty-nine and -qRy hundredd~ (59.50) t'ee! to a point; thence along a curve to the right, with a radiu~ of one hundred twellty-lqve and zero hundredths (125.00) t'eet; an arc length o£sevcnty-two .and l]-qy-scven llundredths (72.57) J'ect, a cl~ord bearing o£South [wcnty-£our (24) dugrcea three (03) minutes [wenty-£our (24) seconds 'EasL a cl~ord Icngth or'seventy.one and IiR¥-five hundredths (71.55) Feet to a point; thence by the same, $oudl seven (07) degrees twenty-five (25) minutes th!fly- °ne (3 !) seconds 'East, eigh£ and twenty-nine hundredths (8.29) teat I.o a point; [hence along Lo[ No. 27 on the hcreJnai'ter described Subdivision Plan, South £orty-nin¢ (49) degrocs eigl~teen (18) rninu~es Forty-three (43) seconds West, ninety-seven and nine l~undrcdths (97.09) Feet to a point; thence along Lot No. 24 on the her¢ina~er describc, d Subdivision Plan, North forty (40) degrees £ony-o~e (41) minutes seventeen (17) seconds West, one hundred £~t to a point on the Southern edge of a fit].y ...... l~fty and zero hundredths (1 $0~00) www.optio~nem.,~rtgage.com October 02, 2001 Richard E Bard Lowanda M Bard 15 Irvin Drive Shippensburg, PA 17257- Homeowners Name: Richard E Bard Lowanda M Bard Property Address: 15 Irvin Drive, Shippensburg PA 17257 Loan Account No.: 161854-5 . Original Lender: OPTION ONE Current Lender/Servicer: Option One Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM OPTION ONE M O R T G h G E Start Here. Finish Here. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 0P171 EXHIBIT A Corporate Offices · 3 Ada ' Irvine · California · 92618-2304 www.optio.one~ortga ge.corn Re: Loan No. 161854-5 OPTION ONE M O R T G A G E StaA Here. Finish Here. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific info~mation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a'decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. OP171 Corporate Offices · 3 Ada ' Irvine · California · 92618-2304 [~ v~v.o ptio~n,o n e~ o rtg a g e.c orn Re: Loan No. 161854-5 OPTION ONE M O R T G A G E S~ Hem. Finish Hem. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP 'TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 15 Irvin Drive, ShipDensburg PA 17257 IS SERIOUSLY IN DEFAULT because: ao months and the followin~ amounts are now past due: (a) Monthly payments: 2 MONTHS @ $ 972.45 1 MONTHS @ $ 972.45 (b) Previous late char~es; (c) Other char~es; Escrow, Inspection, NSF checks (d) Other provisions of the mortgage obligation, if any (e) TOTAL AMOUNT OF (a) (b) and (c) REQUIRED AS OF THIS DATE YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the followin~ $ 2917.35 $ 153.12 $ $ $ 3070.47 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2942.92, PLUS ~ MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certifie,9 check or money order made payable and send to: Overnight Mail Address Western Union Quick Collect 3 Ada Pay to: Option One Mortgage Corporation Il-vine, Ca. 92618 Code City: Option, Ca You can cure any other default by takin~ the followin~ action within thirty (30) days of the date of this letter. (Do not use if not (applicable.) 0P172 --- Corporate Offices · 3 Ada · In~ine · California · 92618-2304 [~)* www.optiqnoner~o~tgage.com Re: Loan No. 161854-5 HOW TO CONTACT THE LENDER: Name of Lender: Address: Attn: Address: Phone Number: Fax Number: Contact Person: Office hours: OPTION ONE M O R T G A G E Staff Hem. Finish Here. Option One Mortgage Corporation 7515 Irvine Center Drive Kerry Delahunty Irvine, CA. 92618 800-326-1500, Ext. 8001 949-784-6033 J GLATT EXT 8003 Monday through Thursday 7:00 a.m. to 9:00 p.m. PST Friday 7:00 a.m. to 6:00 p.m. PST. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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. YOU MAY ~kLSO HAVE THE RIGHT TO: * 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 CURED THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAT 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. 0P174 Corporate Offices · 3 Ada · Irvine · California · 92618-2304 Street. Apt No.; Or PO Box No. Q'~ State, ZIP+4 ~'~ Postage i1 Certified Fe~ Return Receipt Fe {F-ndo~aement Raqulrec (E~eme~t Required or PO gox No. L U SE Postage [ $ Ca~lecl Fee Retta'n Receipt Fee (Endorsement Required) Restricted Delivery Fee (F~dorsam~t Required) or PO Box NO. VERIFICATION 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 infQrmation is p~,blic records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 4904 relating to unsworn falsification to Pa.C.S. Section authorities. Mark J. Udren, ESQUIRE MARK J. UDREN &ASSOCIATES SHERIFF'S RETURN CASE NO: 2002-00112 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WELLS FARGO BANK MINNESOTA VS BARD RICHARD E ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, BARD RICHARD E unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was in his bailiwick. He therefore returns the the within named DEFEND~NT , NOT FOUND , as to BARD RICHARD E 15 IRVIN DRIVE ADDRESS IS VACANT. Sheriff,s Costs: Docketing 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 So answ~e~: ~ ~ ~- R. fThomas Kline Sheriff of Cumberland County MARK UDREN 01/14/2002 Sworn and subscribed to before me ~ day of~ this ~L A.D. Prot ~offot ar~y ' ~ SHERIFF'S RETURN - CASE NO: 2002-00112 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WELLS FARGO BANK MINNESOTA VS BARD RICHARD E ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, BARD LOWANDA M unable to locate Her COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT but was __ in his bailiwick. He therefore returns the the within named DEFENDANT , NOT FOUND , as to BARD LOWANDA M 15 IRVIN DRIVE ADDRESS IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So answer~: ~ R. Thomas Kline / Sheriff of Cumberland County MARK UDREN 01/14/2002 Sworn and subscribed to before me ~ day of ~ this ~/~ A.D. Pro't~onot ary ' SHERIFF'S RETURN - CASE NO: 2002-00112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BARD RICHARD E ET AL REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BARD RICHARD E the DEFENDANT , at 2117:00 HOURS, on the 10th day of January , 2002 at 111 N PENN STREET SHIPPENSBURG, PA 17257 THOMAS INNERS, ROOMMATE a true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6 00 14 49 00 10 00 00 30 49 Sworn and Subscribed to before me this 2~ day of A.D. So Answers: R. Thomas Kline 01/14/2002 MARK UDREN ' Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-00112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS BARD RICHARD E ET AL REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon BARD LOWi~NDA M the DEFENDANT , at at P~ASKAS CHEESE COMPANY SHIPPENSBURG, PA 17257 LOWANDA M BARD 2100:00 HOURS, on the 10th day of January 208 EAST DYKEMAN ROAD by handing to , 2002 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 6.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 30.49 Sworn and Subscribed to before me this 23x~- day of 7~V3o 2~ A.D. So Answers: R. Thomas Kline 01/14/2002 MARK UDREN By: ,v Depu~cy Sheriff' 'MARK J. UDREN & ASSOCIATES BY= Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-482-6900 Wells Fargo Bank Minnesota, ' COURT OF COMMON PLEAS National Association, FKA Norwest i CIVIL DIVISION Bank Minnesota, National . Cumberland County Association, as Trustee for SASCO ' Mortgage Loan Trust, 1999-BC4 C/O i MORTGAGE FORECLOSURE Option One Mortgage Corporation : PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street ShipPensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant ( s ) ' NO. 02-112 Civil Term : .- PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESS~I~NT OF DAMAGES ATTORNEY FOR PLAINTIFF 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 $105,548.53 Interest Per Complaint 2,107.62 From 11/27/01 to 2/15/02 Late charges per Complaint 153.12 From 11/27/01 to 2/15/02 Escrow payment per Complaint 3f~5~52 From 11/27/01 to 2/15/02 TOTAL ~ I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. EN & ASSOCIATES ~a~k J. Udre~.~ESQUIRE /Attorney for Plaintiff · PRO PROTHY ' J 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 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SA~CO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation Plaintiff Ve Richard E. Bard Lowanda M. Bard Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-112 Civil'Term DATED: February 4, 2002 TO: Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 IM~ORT/%~TT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT~/TT RIGHTS. YOU SHOULD TAF~E THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PER/DER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICe: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO.Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation Plaintiff Richard E. Lowanda M. Bard Bard Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-112 Civil Term DATED: February 4, 2002 TO: Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 TMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTOP~NEY 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 IMPORT/~NT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO ALAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Lawyer Referral Service . Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFI~ACION IMPORTAITTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UNABOGADO IMMEDIATAMENTE SI USTED NO TIENEABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A.LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAIh~ 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 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation .PO Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Richard E. Bard Lowanda M. Bard 323 Airport Road Shippensburg, PA 17257 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-112 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE : SS COUNTY OF Co_mote,,o : 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: Defendant: Age: Residence: Employment: Richard E. Bard Over 18 As captioned above Unknown Lowanda M. Over 18 As captioned Unknown before me/~is ;4 day mbl±c \ Title: Ct Company: MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant (s) ATTORi~-EY FOR PLAINTIFF :COURT OF COMMON PLEAS : CIVIL DIVISION - Cumberland County : MORTGAGE FORECLOSURE 'NO. 02-112 Civil Term PRAECIPE FOR WRIT~OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due Interest From Febr~,a~y 16~ 2002 to Date of Sale ~ Per diem @$26.02 (Costs to be added) $~ MARK J. UDREN & ASSOCIATES F~RK 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 Wells Fargo Bank Minnesota, :COURT OF COMMON PLEAS National Association, FKA Norwest i CIVIL DIVISION Bank Minnesota, National :Cumberland County Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 : MORTGAGE FORECLOSURE C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant ( s ) .- : : 'NO. 02-112 Civil Term : : .- : : : ATTORNEY FOR PLAINTIFF 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 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~J/UDR~N & ASSOCIATES I\1\1\ /M~rk J'. Udren~SQUIRE ATTORNEY FOR PLAINTIFF ~ 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 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 i MORTGAGE FORECLOSURE C/O Option One Mortgage Corporation i PO Box 57038 : Irvine, CA 92619-7038 Plaintiff v. : NO. 02-112 Civil Term : : Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant ( s ) AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4, 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: 15 Irvin Drive, Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Richard E. Bard Lowanda M. Bard C/O Raskas Cheese Company 111 N. Penn Street, Shippensburg, PA 17257 208 East Dykeman Road, Shippensburg, PA 17257 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 Discover Bank Address to follow ~ Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlise, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 15 Irvin Drive, Shippensburg, PA 17257 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. N & ASSOCIATES DATED: February 15, 2002 ~a~k J. Udreh~_ ESQ. ~/~Attorney for ~-~intiff MARK J. UDREN & ASSOCIATES BX4 Mark J. Udren, Esquire ,ATTY I.D. NO. 0%302 10%0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 0803% 856-%82-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Vo Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant ( s ) : ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland county MORTGAGE FORECLOSURE 'NO. 02-112 Civil Term NOTICE OF SwRRIFF'S Sm?.E OF pR&L PROPERTY TO: Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Your house (real estate) at 15 Irvin Drive, Shippensburg, PA 17257 is scheduled to be sold at the Sheriff's Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $108,174.79, 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 ~----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: ~ 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y~O~ MAY STT?,L BE ABLE TO SAVE YOUR PROPERTY ~ YOU HAVE OTHER RIGHTS EVeN IF THE S~RIFF'S S~?.~ DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid 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 AFFOI~D ONE, ~0 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren ATTY I.D. NO. 04302 10~0 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Richard E- Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORITEY FOR PLAINTIFF : COURT OF COMMON PLEAS :CIVIL DIVISION . Cumberland County i NO. 02-112 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant (s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B" . 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B" Ail Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to aut~i~ties. Dated: May 1, 2002 I~' ~ & ASSOCIATES BY: ¥ ' ~ Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ~TTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 ! MORTGAGE FORECLOSURE C/O Option One Mortgage Corporation i PO Box 57038 Irvine, CA 92619-7038 Plaintiff v. Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS i CIVIL DIVISION : Cumberland County : NO. 02-112 Civil Term : AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4, 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: 15 Irvin Drive, Shippensburg, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Address Richard E. Bard 325 W. Creek Road, Newburg, PA 17240-9390 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road, Shippensburg, PA 17257 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 Discover Bank 12 Reads Way, New Castle, DE 19720 4. Name and address of the last recorded holder of every mortgage of record: ~ame Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. Domestic Relations Section 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlise, 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 15 Irvin Drive, Shippensburg, PA 17257 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: May 1, 2002 . UDREN & ASSOCIATES M~rk ~. Udren, ESQ. Attorney for Plaintiff MAR~ 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 wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage · Loan Trust, 1999-BC4 C/0 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON 'PLEAS CIVIL DIVISION Cumberland County NO. 02-112 Civil Term DATE: February 26, 2002 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): RICHARD E. BAP/) & LOWANDA M. BARD PROPERTY: 15 Irvin Drive, Shippensburg, PA 17257 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the ~Aa~her3~d County Sheriff's Sale on JAL~, at 10:00 A.M., at the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, .PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptiOnSschedule, are filed thereto within 10 days after t~e ~~ IT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Wells Fargo Bank Minnesota National Assoc., FKA Norwest Bank Minnesota, Natl. Assoc., as TrUstee for SASCO Mortgage Loan Trust 1999-BC4 c/o Option One Mortgage Corp. VS, Richard E. Bard and Lowanda M. Bard · Civil Division · No. 02-112 SUGGESTION OF BANKRUPTCY To: Prothonotary Please note upon the record that Richard E. Bard d/b/a R.E. Bard Construction one of the defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle Distdct of Pennsylvania at Harrisburg, PA, on September 26, 2002, at 9:12 o'clock A.M., which petition was docketed to 1-02-05270. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE- NAMED DEFENDANT(S). CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s) in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: Wells Fargon Bank Minnesota Natl. Assoc. FKA Norwest Bank Minnesota Natl. Assoc. As Trustee for SASCO Mortgage Loan Trust c/o Option One Mortgage Corp. PO Box 57038, Irvine, CA 92619 Date:. 10/3/02 Mark J. Udren & Assoc. Mark Udren, Esq. 1040 N.~b~H_ ~~ '"P.O. Box 51 Spring Run, PA 17262-0051 COMMONWEALTH OF PENNSYLVANIA -} COUNTY OF CUMBERLAND )~ S S: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank Minnesota fka Norwest Bank Minnesota N A is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 20th day of Feb, A.D., 2002, out of the Court of Common Pleas of said County as of.Civil Term, 2002 Number 112, at the suit of Wells Fargo Bank Minnesota N A fka Norwest Bk Minnesota N A Tr for SASCO Mtg Loan Tr 1999-BC4 against Richard E Bard & Lowanda M is duly recorded in Sheriff's Deed Book No. 254, Page 375. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /~'--'~-- day of ~-~C ,A.D. 2002 /V '/.) ~--~ecorder of Deeds Wells Fargo Bank Minnesota, N.A. fJk/a Norwest Bank Minnesota, N.A., as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 VS Richard E. Bard and Lowanda M. Bard In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-112 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2002 at 2:29 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Richard E. Bard, by making known unto Richard Bard personally, at 325 West Creek Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2002 at 2:57 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lowanda M. Bard, by making known unto Lowanda M. Bard personally, at Raskas Cheese Company, 208 East Dykeman Road, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2002 at 4:15 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard E. Bard and Lowanda M. Bard located at 15 Irvine Drive, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Lowanda M. Bard, by regular mail to her last known address ofc/o Raskas Cheese Company at 208 East Dykeman Road, Shippensburg, PA 17257. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Richard E. Bard, by regular mail to his last known address of 325 West Creek Road, Newburg, PA 17240. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's 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 Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Mark J. Udren for Wells Fargo Bank Minnesota, f/k/a Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999- BC4, without recourse. It being the highest bid and best price received for the same, Wells Fargo Bank Minnesota, f/kJa Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4, without recourse, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $1,339.37, it being costs. Sheriffs Costs: Docketing $ 30.00 Poundage 26.26 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 27.60 Certified Mail 1.81 Levy 15.00 Surcharge 30.00 Law Journal 614.15 Patriot News 443.35 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 29.50 $1,339.37 paid by atty. 10/02/02 Swom and subscribed to before me So Answe : This ]'7 ~ day of ~t_t~.g,~ R.'/~T~o~mW~~ fr~'~''~ 20O2, A.D. c. Pl~tffonotary Real Estate D~puty WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-112 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, FKA NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TURST, 1999-BC4 C/O OPTION ONE MORTGAGE CORPORATION P O BOX 57038 IRVlNE, CA 92619-7038 PLANTIFF(S) From RICHARD E. BARD, 111 N. PENN STREET, SHIPPENSBURG, PA 17257 LOWANDA M. BARD C/O RASKAS CHEESE COMPANY, 208 EAST DYKEMAN RD SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined kom 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 $108174.79 L.L. $.50 Interest FROM FEBRUARY 16, 2002 TO DATE OF SALE JUNE 5, 2002 PER DIEM ~ $26.02 $2,862.20 Atty's Comm % Atty Paid $191.47 Plaintiff Paid Date: FEBRUARY 20, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotm~, Civil Division REQUESTING PARTY: Name MARK J. UDREN, ESQ. Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 REAL ESTATE SALE No. z On March 11, 2002 the sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA known and numbered as 15 Irvin Drive, Shippensburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2002 Real 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 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/O Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORREY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 02-112 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4, 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: 15 Irvin Drive, Shippensburg, PA 17257 i. Name and address of Owner(s) or reputed Owner(s): Name Address Richard E. Bard 111 N. Penn Street, Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road, Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: Name Add-f'ess 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 Discover Bank Address to follow 4. Name and address of the last reuorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlise, 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 15 Irvin Drive, Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 15, 2002 ~N & ASSOCIATES ~a~k J. Udre~ ESQ. ~//Attorney for ~.intiff MA_~K J. UDREN & ASSOCIATES BY: Mark J. Udren, E~qu~=e ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FKA Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/0 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORNEy FOR PLAINTIFF : . : : .- : : . :COURT OF COMMON PLEAS i CIVIL DIVISION : Cumberland County - MORTGAGE FORECLOSLrRE NO. 02-112 Civil Term NOTICE OF SHERIFF'S ~T.~ OF REAL PROPERTY TO: Lowanda M. Bard C/0 Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Your house (real estate) at 15 Irvin Drive, Shippensburg, PA 17257 is scheduled to be sold at the Sheriff,s Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $108,174.79, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. AIQTICE OF OWI~ER'S R~IGHTS ~OU NL~y RE ARLE TO PREVENT THIS SHERIFF'S SAT,R To prevent this Sheriff's Sale, you must take ' ' '. 1. The sale will be cancelled if you pa~ 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: /B56)-482-6900= 2. You ~y 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 ~~~_l IP~ ~,~Q ER RIGHTS 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 PAl:ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ~L%V~ A LAWYER OR CANNOT AFFOPd) ONE, ~O TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHE~E YOU CAN ~ET LEGAL HELP. LAWYER REFRI~PJ%L SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ,' ,Ali that certain lot of ground wilh a street address Of I$ [rvin Dfive, Sh[pponsburg, lying and bch~g skua~c in Southampton Township, Cumbcrl=n~ C~unLy, Pcnnsylv=n[=, ulo~ p=~cul=rly bounded m~d dascrlbed ~ ~ollows: BEGINNING at a point on the southern edge o£a fiRy (50) foot wide right-of-way l'or c proposed public road known as [rvhi Drive; thence by the southern edge o~'the rlght-o f-way, North forty-nine (49) degrees eighteen (I8) minutes t'oKy-01roc (43] seconds East, one hundred seven and twelve hundradtl~a (107.I2) Feet to a point; thence along the same, to a curve to the fight, having a radius of fifteen and zero hundredd~s (15.00) feet, an ate length of twenty-three and fiRy-six hundredths (23.56) feet, a chord bearing of South eighty-five (85) degrees forty-one (41)minutes soventcen (17) seconds East, and a chord length of twenty-one and twenty-one hundredths (21.21) feet to a point; thence along tho western edge ora flay ($0) fool wide right-olLway for a proposed public road known as Ion Court, South forty (40) degrees for~-orle (41) degrees seventeen 07) minutes fifty-nine and filly hundredtl~ (59.50) feet lo a point; thence along a curve to the right, widl a radius of one hundred twenty-five and zero hundredths (125.00) feet, an arc length ofsovonty-two.and l~D.y-$¢ven hundredths (72.57] l'cct, a chord bcarlng of South twcoty-four (24) degrees Otree (03) minutes twenty-four (24) ~cconds -~.st, a chord length of seventy-one and hay-five huadrcdths (71 .$$) Feet to a point; thence by the sarnc, South seven (07) degrees twcnty-llve (25) nlinutes thirty- one (3 i) seconds 'East, eight and twenty-nine hundredths Ia.29) f'eet to a point; thence along Lot No. 27 on ti~e hcr¢inaEter described Subdivision Plan, South forty-nine I49) degrees eighteen minutes forty*thrce (43) seconds W'cst. ninety-seven and nine hundredths (97.09) fcct to a point; thence along Lot No. 24. on tl:c h~reinafter dcscribcd.Subdivision Plan, North forty (40) £orty..onc (41) minute~ seventeen ([7) second: West, one hundred ~ty and zero hundredths (lS0.00) feet to a po[at on the Southern cdl~e of' s fiRy.($0) loot wide right-of-way ['or a proposed public road known as lrvln Drive, thc point and place CONTAINING 17,~60 square feet and being designated as Lot No.-25 on a Suhdivis[on plan of Frontier Village, Phase I, prepared by Sloven P. Wolfe, I'L,S., dated April ~0, 199~, and last rev{sod February 28, 1994, and recorded in Cumberland County Plan Book 70, at Page 65. BEING a part ora larger tract of mai estate which Constantinos .L Mallios and Demctrlos I. MalliSs by their deed dated February 19.19g6, and recorded in Cumberland County Deed Book "S", Volume ~ l, at Page 835. conveyed to irvin Industry, Inc., the Grantor herein. SUBJECT TO rights-of-way, easements, building sctback lines and notations as ~hown on the above-referenced subdivision plan. SUBJECT TO the Declaration of Protective Covenants afl-eatlng property of' lrvin Industry, Inc., known aa Frontier Village dated November 27, 1595. and recorded }n Cumberland County Misccllanoues Book 509, at Page $09. SUBJECT TO all restrictions of racord, in so Car a: they are applicable and enforceable. BEING KNOWN AS 15 IRVIN DRIVE, SHIPPENSBURG, PA 17257 PROPERTY TAX PARCEL NO.: 39-13-0102-073 TITLE TO SAID PREMISES IS VESTED IN RICF~d~D E. BARD AND LOWANDA M. BARD, HUSBAND AND WIFE, BY DEED FROM IRVIN INDUSTRY, INC., A DELAWARE CORPORATION, DOING B--'~ISINESS IN TME COMMONWEALTH OF PENNSYLVANIA AS D. CALVIN IRVIN COMPANY, DATED 4/8/98, RECORDED 9/30/98, IN DEED BOOK 186, PAGE 311. F=~%K J. UDP~EN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 Wells Fargo Bank Minnesota, National Association, FF_A Norwest Bank Minnesota, National Association, as Trustee for SASCO Mortgage Loan Trust, 1999-BC4 C/0 Option One Mortgage Corporation PO Box 57038 Irvine, CA 92619-7038 Plaintiff Richard E. Bard Lowanda M. Bard Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Lowanda M. Bard C/O Raskas Cheese Company 208 East Dykeman Road Shippensburg, PA 17257 Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS !CIVIL DIVISION : Cumberland County · MORTGAGE FORECLOSURE NO. 02-112 Civil Term ~IOTICE OF SHERIFF'S SALE OF RE'fL PROPERTY TO: Richard E. Bard 111 N. Penn Street Shippensburg, PA 17257 Your house (real estate) at 15 Irvin Drive, Shippensburg, PA 17257 is scheduled to be sold at the Sheriff,s Sale on June 5, 2002, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $108,174.79, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. YOU MAY BE ABLE TO PREVENT TMIS SMERIFF'S SAT,E To prevent this Sheriff's Sale, you must take ~a~J~z~ The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attornes~ 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.) _YOu MAY~~ A~~O_~ RROPEP~TY AND XOU ~J~ER RLGHTS 1. If the Sheriff's Sale is not stopped, your property will be sold to the hi~hest bidder. You may find out the price bid by callin~ 856-482-6900. 2. You ~y be ~le to petition the Court to set aside the sale if the bid price was ~rossly inade~ate compared to the value of your property. 3. The sale will ~o through only if the buyer pays the Sheriff the full amo~t due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amour due from the Buyer is not paid to the Sheriff, you will remain the o~er 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 ~d the Sheriff ~ives a deed to the buyer. At that time, the buyer may brin~ legal proceedings to evict you. 6. You may be entitled to a s~re 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 receivin~ 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 (I0) 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 SHOU~ T~E THIS P~ER TO YO~ ~ER AT ONCE. IF YOU DO NOT ~ A ~ER OR ~OT ~F0~ 0~. ~ T00~ TELEPHO~ ~ OFFICE LIST~ BELOW TO FI~ O~ ~ YOU ~ GET LE~ HELP. ~ER REFE~ SERVICE La.er Referral Se~ice Cu~erland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 800-990-9108 Ail thai. ceriain lot o,F ground w/th a street address of I5 l~4n Drive. Shippcnsburg, lying and bcln~ ~ilu~le ~n Southampton 'l'ownshJ p, Cumbcdand Coumy, Pennsylvania, mom p~r~cu~tly boun~c~ and dcsctlbed ~s ~oiIows: BI'GINNING at a point on the southern edge o£a flay (50) Foot wide right-of-way rot a proposed public mad k~own as lrvin Ddve; thence by thc sou~cm c~ge o~th: right-el-way, North (49) d:gr::s eightee~ (18) m~nu~es icKy-throe (4~) se~nds E::, one hundred seven and twelve l~undredtlm (107.12) Feet to · ~inL; ~hence al~ug the s~me, ~o ~ c~e to :he Hght, having ~ radius o~ ~Rcen and ~ro hundredths [1~.00) feet, ~ ~: length o~ twenty-thm~ ~d ~Ry-six Imndrmdths ~3.56) fee~ a chord beating o~South eighty-five (85) degrees faKy~nc (4I)minu~ seventeen ~17) ~econds East, ~d a chord length of [wen~-one ~d ~en[7-one hun~redM~s (21.21~ f~t to a point: thence along the western edge o~ a flay (S0) root wld~ righL-olLway rot a proposed public road ~mwn ~ I~ Cou~ Somh fo~ (40) degre~ fo~qne (li) dc~e~ ~nvent~en (17) minu[~ Sas[ aRy-nine and fiKy hundmdfl~ (59.50) f~l to a pointl ~encc along a ~ume m Wle ri~m, wi[l~ a ~i~ of one hundred twenty-five ~d zero hundred~s [125.00) feel, an arc lengtl~ of seventy-two.and flay-seven hundredths :72.57) l~ct. a cho~ beating of South Lwcnty-tbur (24) dcgrc~ O~rec minutes twenty-hut (24) mconds SasL a chord Icngth of seventy-one m~d figy-fiw hundrcdt[~ ~1.55) Fcc: to a point; ~eacc by the ~mc. Soufl~ seven (0~ dcgree~ twenty-llve (25) minut~ one (3 t) seconds ~[, eight aud twenty-nine hundredths [8.29) ~eet to a poin~ U~ence along LotNo. 27 on the hcreinaaer described Subdivision Plan, South foay-ninc (49) degrees eighteen (18) minm~ forty-three (43) seconds W~t. nincty-scv~n and nine hundredths (97.09) fcec to a point; ~ence along Lot No. 24 on the lmreinater described Subdivision Plan, No~ forty ~40) [oayqne (41) minut~ seventeen (17) ~econds West, one hundred fi~ and zero hundredths (150.00) feet lo a point on the Soufl~ern edge of a fi[7.(SO) root wide right, f-way for a proposed public road known as lmin Drive. the point and place o~BSOI~ING.. - CONTAIN~G 17,660 square feet ~d Ming designated as Lot No.-~ on a Subdivision Frontier Village, Phase I, prepared by Steven P. Wolfe, R.S., dated April 30, 1993, and last revised Febma~ 28, 1994, and recorded in Cumberland County Ptan Book 70, at Page 65. BErG a pax o~a larger tract o~ml ~tate whch Conaantinos J. Mollies and Demeans I. Mollies by :heir deed da:ed Febma~ 19, 1986, and recorded in Cumberland County Deed geck "S", Volume 3 I. at Page 835. conveyed to [~in Indust~, Inc., M~e Grantor he~in. SUBJECT TO right-of-way, e~emen~, building setback lines and notations as ~hown on the above-referenced subdivision plan. SUBJECT TO the Declaration o~' Protectlve Covenants affecting propc~y of' Irvin Industry, Inc., known as Frontier Village dated November 27, 1995, and recorded in Cumberland County Ivllsc¢llanoues Book 509, at Page $09. SUBJECT TO all re~triction~ of record, in so far a~ they are applicable and enForc~ble. BEING KNOWN AS 15 IRVIN DRIVE, SHIPPENSBURG, PA 17257 PROPERTY TAX PARCEL NO.: 39-13-0!02-073 TITLE TO SAID PREMISES IS VESTED IN RICHARD E. BARD AND LOWANDA M. BARD, HUSBA/TD AND WIFE, BY DEED FROM IRVIN INDUSTRY, INC., A DELAWARE CORPORATION, DOING BUISINESS IN THE COMMONWEALTH OF PEITNSYLVA_NIA AS D. CALVIN IRVIN COMPAArY, DATED 4/8/98, RECORDED 9/30/98, IN DEED BOOK 186, PAGE 311. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank d. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New.~ and The ~[c[~,~o~j~,j~3~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY Srwbrr] [u ~tl~d ~ub~lb~=d b=;~, ..... ~'~Zth dav o~av~n~ ~ n S A L E ~37 / Ter~L.R~,,No~a~p~,c ~~~~ HaSlum. Dauphin County ~ ~ ~ M~r. PennsyNan~a A~t~ ot Nota~c°mmissi°n expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 441.60 $ 1.75 $ 443.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-New and The und Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL I::~TATi: 6ALE NO. 37 Writ No. 2002-112 ClvllTerm Walls Fargo Bank Minnesota, National Assoc. f/k/a Norwest Bank Mlnnusota National Assoc., aslYustss for SA$CO Mortgage Lush Trust, 1999-BC4 vs Richard E. Bard and Lo~vanda M. Bard At,y: Mark J. Udren DESCRIPTION ALL THAT CERTAIN lot of ground with a street address of 15 lrvin Drive, Shipponsburg, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and desc fibed a~ follows: BEGINNING at a point on the southern edge ora fifty (50) foot wide fight-of-way tar a proposed public road known as Irvin Drive; thence by the southern edge of the right-of-way. North forty- nine (49) degrees eighteen (18) mthutes forty- three (43) seconds East, one hundred seven and twelve hundredths (107.12/feet to a poinfi thence along the stone, to a curve to the fight, having a radius of fifteen and zero hundredths (15.00) feet, an arc length of twenty4hree and fifty-six hundredths (23.56) feet, a chord bearing of South eighty-five (85) degrees forty-one (41) minutes seventeen (17) seconds East, and a chord length of twenty-one a~d twenty-one hundredths (21.2!) feet to a point$~ence along the western edge of a fifty (50) laot~vide right-of-way for a proposed public road kno}vn as lan Court, South forly (40) degrees forty-d~e (41) degrees seventeen (17) minutes East, t, fty-alne and fifty hundredths (59.50) feet to a point: thence along a curve to the right, with a radius of one hundred twenty-five and zero hundredths (125,00) feet, an arc length of seventy-two and fiBy-sevell handrndths (72.57) feet, a chord bearing of South twenty-four (24) degrees three (03) minutes twenty-four (24) seconds East, a chord length of seventy-one and fiBy-five hundredths (71.55) feet to a point; thence by the same, South seven (07) degrees twenty-five (25) minutes thirty-one (31) seconds East, eight and twenty-nine hundredths (8.29) feet to a point; thence along Lot No. 27 on the hereinafter dascfibnd Subdivision Plan, South forty-nine (49) degrees eighteen (18) minutes forty-three (43) seconds West, ninety-seven and nine hundredths (97.09) feet to a point; thence along Lot No. 24 on the hereinafter described Subdivision Plan, North forty (40) degrees forty- one (41) minutes seventeen (17) seconds West, one hundred fifty and zero hundredths (150.00) feet to a point on the Southern edge of a fifty (50) foot wide fight-of-way for a proposed public road known 0~s lrvth Drive, the point and place of BEGINNING, CONTAINING 17,660 square feet and bei~g designated as Lot No, 25 on a Subdivision Plan of Frontier Village, Phase l, prepared by Steven E Wolfe, R.S., dated April 30, 1993, and last revised February 28, 1994, and recorded in Cumberland County Plan Book 70, at Page 65. BEING a pm of a larger tract of real estate which Constanfinos J. Mallios and Demerdos 1. Mallios by their deed da/ed February 19, 1986, and recorded in Cumbefiand Cunty Deed Book "S", Volume 31, at Page 835, conveyed to Irvth industry, lac., the Grantor herein. SUBJECT to fights-of-way, easements, building setback lines and notations as shown on the abdve-referenced subdivision plan. SUBJECT to the Declara0on of Protective Covenants affecting property of Irvin industry, Inc.. known as Frontier Village da'ed November 27, 1995, and recorded in Cumberland County Miscellaneous Book 509, at Page 509. SUBJECT to ail restrictions of record, in so far as they are applicable and enforceable, BEING known as 15 lrvin Drive, Shippensburg, PA 17257. PROPERTY TAX parcel No.: 39-13-0102-073. TITLE TO SAID premises is vested in Richard E. , Bard and Lowanda M, Bard, husband and wife, by deed from Irvin Industry, inc., a Delaware Corporation, doing business in the Commonwealth of Pennsylvania as D. Calvin Erin Company, dated 4/8/98, recorded 9/30/98, in Deed Book 186, Page 311. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 26, MAY 3, 10, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F~TATE SALE NO. 37 Writ No. 2002 112 Civil Wells Fargo Bank Minnesota. National Association. f/k/a Norwest Bank Minnesota National Association, as Trustee for SASCO Mortgage LOall Trust, 1999-BC4 VS, Richard E. Bard and Lowanda M. Bard Atty.: Maxk J. Udren All that certain lot of ground with a street address of 15 lrvta Drive. Shippensburg, lying and being situ- ate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded axed de- scribed as follows: BEGINNING at a point on the southern edge of a fifty (50) foot wide right of-way for a proposed public road known as lrvin Drive; thence by the southern edge of the right- J~oger M. [Vlorgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 dayof MAY, 2002 onds East, and a chord len~tT1 /51'~ twenty-one and twenty one hun dredths (21.21) feet to a point: thence alo~,g the western edge of a fifty (501 foot wide right o[way for a proposed public road known as Ian Court, South forty (40) degrees forty-one (41) degrees seventeen (17) minutes East. fifty-nine and fifty hundredths (59.50) feet to a point: thence along a curve to the right, with a radius of one hundred twenty five and zero hundredths (125.001 feet, an arc length of seventy two and fifty seven hundredths (72.57) feet, a chord bearing of South twenty four (24) degrees three (03) minutes twenty four (24) seconds East, a chord length of seventy one and fifty five hundredths (71.551 feet to a point: thence by the same, South seven (07) degrees twenty five (25) minutes thirty one (31] seconds East, eight and twenty nine hun- dredths (8.29) feet to a point: thence along Lot No. 27 on the hereinafter described Subdivision Plan, South forty-nine [49) degrees eighteen (18] minutes forty three (43) seconds West, ninety-seven and nine hun dredths (97.09) feet to a point: thence along Lot No. 24 on the here inafter described Subdivision Plan, North forty (40) degrees forty-one (41) minutes seventeen (17) seconds West, one hundred fifty and zero hundredths (150.00) feet to a point on the Southern edge of a fifty (50} foot wide right-of-way for a proposed public road known as lrvln Drive, the point and place of BEGINNING. CONTAINING 17,660 square feet and being designated as Lot No. 25 on a Subdivision Plan of Frontier Village, Phase I, prepared by Steven P. Wolfe, R.S., dated April 30, 1993, and last revised February 28. 1994, and recorded in Cumberland County Plan Book 70, at Page 65. BEING a part of a larger tract of real estate which Constantinos J. Mallios and Demetrios I. Malllos by their deed dated February 19, 1986, and recorded in Cumberland Comity Deed Book "SL Volume 31, at Page 835. conveyed to lrvln Industry. Inc., the Grantor herein. SUBdECT TO rights-of-way, easements, building setback lines and notations as shown on the above referenced subdivision plan. SUBJECT TO the Declaration of Protective Covenants affecting prop- erty of lrvin Industry, Inc., known as Frontier Village dated November 27. 1995, and recorded in Cumber- land County Miscellaneous Book 509, at Page 509. SUBJECT TO all restrictions of record, in so far as they are appli- cable and enforceable. BEING KNOWN AS 15 IRVIN DR/VE, SHIPPENSBURG, PA 17257. PROPERTY TAX PARCEL NO,: 39-13 0102-073. TITLE TO SAID PREMISES IS VESTED IN Richard E. Bard and Lowanda M. Bard, husband and wife, by deed from Irvin Industry, Inc., a Delaware Corporation, do/ng forty nine (49t degrees eighteen 118) minutes forty three (43) seconds West, ninety-seven and nine hull dredths (97.09) feet to a point: thence along Lot No. 24 on the here inafter described Subdivision Pla~l, North forty (40) degrees foriy-one (41) minutes s~centeen (17) seconds West, one hundred fifty and zero hundredths (150.00) feet to a point on the Southern edge of a fifty (50) foot ~rlde right of-way for a proposed public road known as lrvin Drive, the point and place of BEGINNING. CONTAINING 17,660 square feet and being designated as Lot No. 25 on a Subdivision Plaxl of Frontier Village. Phase 1, prepared by Steven P. Wolfe. R.S., dated April 30, 1993. and last revised Februaiy 28, 1994. and recorded in Cumberland County Plan Book 70, at Page 65. BEING a part of a larger tract of real estate which Constantinos J. Mallios and Demetrios I. Mallios by their deed dated February 19, 1986. and recorded in Cumberland County Deed Book "S". Volume 31, at Page 835, conveyed to lrvin Industry, Inc., the Grantor herein. SUBJECT TO rights of way. easements, building setback lines and notations as shown on the above-referenced subdivision plan. SUELIECT TO the Declaration of Protective Covenants affecting prop- erty of Irvin Industry, Inc., known as Frontier ¥-dlage dated November 27, 1995. and recorded in Cumber land County Miscellaneous Book 509, at Page 509. SUEUECT TO all restrictions of record, in so far as they are appli- cable and enforceable. BEING KNOWN AS 15 IRVIN DRIVE, SH1PPENSBURG. PA 17257. PROPERTY TAX PARCEL NO.: 39-13 0102 073. TITLE TO SAID PREMISES IS VESTED IN Richard E. Bard and Lowanda M. Bard, husband and wife, by deed from Irvin Industry, Inc., a Delaware Corporation, doing business in the Commonwealth of Pennsylvania as D. Calvin Irvin Corn pany, dated 4/8/98. recorded 9/ 30/98. in Deed Book 186, Page 311.