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Home My WebLink About05-0936UDREN 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 com Mortgage Electronic Registration Systems, Inc 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) NO. 05- J 7? Cr v( 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 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. !s! Mark J. Udren, Esquire Woodcrest Corporate Center Ill Woodcrest Road, Suite 200 Cherry Hill, NJ 08003.3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: N/A Assignments of Record to: N/A Recording Date: N/A 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: 201 Longmeadow Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg and partly in the Township of Monroe COUNTY: Cumberland DATE EXECUTED: 02/28/03 DATE RECORDED: 03/07/03 BOOK: 1799 PAGE: 2801 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 01/28/05: Principal of debt due $96,261.83 Unpaid Interest at 6.99%* from 09/04/04 to 01/28/05 (the per diem interest accruing on this debt is $18.43 and that sum should be added each day after 01/28/05) 2,239.76 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) 3,630.62 Late Charges (monthlyy late charge of $32.51 should be added in accordance with the terms of the note each month after 01/28/05) 130.04 Deferred Late Charges 65.02 Attorneys Fees (anticipated and actual to 5% of principal) 4,813.09 TOTAL $107,745.36 *This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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 $107,745.36 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN Hotta and Lot of Ground situate on the South side of Central Street, being partly in the Borough of Medtaniosburg and pertly in the Township of Monroe, in the County of Cumberland and State of pannsylvanis, bounded and dewnlx d as follows, to wit BEGINNING at a point on the Southern line of said Central Sheet and at the East= line of Longmeadow Street; thence in an F.gstarly direction along the Southern line of said Central Street, 66.5 feat to a point at cotter of Lot No. 48 on the hereinafter mentioned Plan of Lots, thence in a Southern F on alo thuiee the Nwd; thence int on the Southern lice of Ceurral Strut, aforesaid, at the paint?end place of BE GII3NING. BEING Lot No. 49 on a Pion of Lots known as Plan No. 2 of GREEN ACRES, which plan is recorded in the Cumberland County Recorder's Office in Plan Book No. 4, at page 3. HAVING thereon erected a single family dwelling known and numbered as 201 Longmeadow Street, Mechanicsburg, Pennsylvania. FEB-05-05 12:39 FROM-NSBC Mortpee Services +6135718691 7-073 P.036/066 12/06/04 ROBERT W MILLER SR 201 LONGMEADOW ST MECHANICSBURG PA 17055 COMBINED ACT 91/ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. "fake this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at (800) 342-2397. Persons with impaired hearing may call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The 1 ocal bar association may be able to help you find an attorney. F-926 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFF CTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAWNTE AL LLAMAR A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PER DIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT A FEB-OS-05 12:40 FRO11-HSBC 8ortcase Services +8135118691 T-013 P.039/069 F-926 HOMEOWNER'S NAME(S): ROBERT W MMLER JR. PROPERTY ADDRESS: 201 LONGMEADOW ST MBCHANICSBURG PA 17055 ACCOUNT NUMBER: 0007071194 CURRENT LENDER/SERVICER: HSBC Mortgage Services HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 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 consumer credit counseling agencies listed at the end of this Notice. THIS MEETING DATE CONS TAAAR FD COUNQFi ING AGENCIES - If you mat 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 c rod it 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. FEB-05-05 12:40 FROM-HSOC Marteaea Sarvicec +6135716661 T-073 P 040/066 F-626 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the 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 T VM PERIODS SET FORTH IN THIS LETTER, FORECLOSURI? 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 requiremetits set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still annly for Emereenev Moneaee Assistance. t NOW 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 201 LONGMEADOW ST MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS. You are due and owing approximately $650.35 a month. You are past due since 10/04/04. Other fees may have also accrued on your account. TOTAL AMOUNT PAST DUES 210559 HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS FEB-05-05 12:40 FROM-HSBC Mortgage services +6135718691 T-073 P.041/066 F-926 of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 21S 05.59. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICFI BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check certified check or money order made navable and sent to: HSBC Mortgage Services P. 0. Box 17580 Baltimore, MD 21297 IF YOU DO NOT CURE THE DEFAULT - ff you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riebts to accelerate thLe mortrtaee debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also imends to instruct its attorneys to start legal action w foreclose upon your mortzap-ed Prove IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other seasonable costs. It-you cure the default within th THIRTY (30) DAY Period, You will not be reauired to pay attorney's fees OTHER LENDER_REMFMIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. BHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured default within the THIRTY (30) DAY period and foreclosure proceedings have begun, late or oth er charges then due reasonable attorney's f e s and costs connected with the foreclosure sale and any oth er costs connected with the She riffs Sale as specified in writing by the lend er and by Perfor ming any other reouirements un der the mort gage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIF'F'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately five months from the date of this Notice. A notice of the actual date of the Sherilrs Salc will be sent to you before the sale. Of course, the amount needed to cure the default will increase the FES-05-05 12:40 FROM-HSBC Mort`aee Services +8135718681 T-0T3 P.042/086 F-926 longer you wait. You may fund out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender. HSBC Mortgage Services Address: 636 Grand Regency Blvd, Brandon, FL 33510 Phone Number: 800-365-6730 Fax Number: 813-571-8680 Contact Information: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You -mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO RAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT Olt TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWCVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTTIxm 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. FES-OS 05 12:40 FROM-HSBC Martine Services +9135719661 T-OT3 MOMS F-926 FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office wills obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice 6.17 Certified Mail . FE6405=05 12:40 FROM-HSBC Martiare Services +6135718661 T-073 P 0441066 FIN Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA)(15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector; and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of receipt of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed the disputed information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of your receipt of this notice, for more information about the debt. Your rights are described further, hereinafter. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by HSBC Mortgage Services: Please note that HSBC Mortgage Services may proceed with foreclosure and that tees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please note further that any funds tendered will be subject to verification and correctness before the matter is concluded. Please feel free to contact HSBC Mortgage Services upon receipt of this notice shbuld you have any questions or concerns. Date: 12/06/D4 HSBC Mortgage Services 636 Grand Regency Blvd. Brandon, FL 33510 800-365-6730 www.hsbcmortgagp-services.com V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren E5 IRE UDREN LAW OFFICES, P.C. 9-z' -c a nu? ..r .. wd s 3 t ?: a 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) NO. 05-936 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) Robert W. Miller, Jr, 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 $107,745.36 Interest Per Complaint 1,161.09 From 01/29/05 to 04/01/05 Late charges per Complaint 65.02 From 01/29/05 to 04/01/05 TOTAL $108,971.47 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, d (2) at notice has been given in accordance with Rule 237.1, a of wh is attached ereto. ICES /-A C. torney for Plaintiff t DAMAGES ARE HEREBY ASSESSED AS IND ATED DATE: PRO PROTH 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Plaintiff V. Robert W. Miller, Jr. Defendant(s) TO: Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-936 DATE of Notice: March 21, 2005 IMPORTANT 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 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 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 PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND 5 S AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE L FOR THAT PURPOSE. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Mortgage Electronic Registration Systems, Inc 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff v. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) STATE OF MORTGAGE FORECLOSURE NO. 05-936 AFFIDAVIT OF NON-MILITARY SERVICE SS COUNTY OF 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: Robert W. Miller, Jr. Over 18 As captioned Sworn to and subspribed before me this ?s day ?Larc 2005. o u 1c d above v 0?T- ame . Title: 'cicf e / ss^ resident Company: Mortgage Electronic Registration Systems, Inc, N ? ?. _ ?? C c7 ? (,,? C> _ `- -?"r '? -?, "' s ? ??^ ? - --? ...., , c 4 S ?? / ^ V 2 V . , ? d ?. , •:g i r ? 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) TO: Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin 4 Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esauire At this telephone number: 856-669-5400 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $108,971.47 Interest From 04/02/05 2,930.37 to Date of Sale September 7, 2005 Per diem @$18.43 (Costs to be added) $ q o L GJ t? • ? 1 jl- r- , ?V l _ c? U Ln C _ L-c? , ?v l •. 4 ,? 1 ? ? ^ Y LJ f. CID WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N005-936 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From ROBERT W. MILLER, JR. (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 gamishee(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 $108,971.47 L.L. $.50 Interest FROM 4/2/05 TO DATE OF SALE 9/7/05 - PER DIEM @ $18.43 - $2,930.37 Arty's Comm % Due Prothy $1.00 Arty Paid $118.14 Other Costs Plaintiff Paid Date: APRIL 5, 2005 CURTIS R. LONG (Seal) Prothonota/?y ) ?By; / o Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 1I1 WOODCREST ROAD, SUITE 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 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 Defendant(s) C E R T I F I C A T E 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. P. C. dren, ESQUM FOR PLAINTIFF d-? Ln aj r, 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 201 Longmeadow Street, (Monroe Twp) Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Robert W. Miller, Jr 201 Longmeadow Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS 41 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. i 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 Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 201 Longmeadow Street Mechanicsburg, (Monroe Twp) PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to urfs}vorn falsification to authorities. ICES, P. C. DATED: April 1, 2005 rk-J. Udren, ESQ. torney for Plaintiff N C7 c} CT_,I S<.i .?7 tiJr ^.:. to n+ 1 ) Y C .,D CD d S r,; C7 rA? r 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Your house (real estate) at 201 Longmeadow Street, (Monroe Twp) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $108,971.47, 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 attorney's 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 TARE 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669- 5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 'L?f11 ?' YT 1? es - ? ?--? 1 '. 1 ?) '?. L..: r,-. ?; ??,?, (1 ? C? ?A jm .. I? W F -G p =< 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 Mortgage Electronic Registration Systems, Inc. Plaintiff :'COURT OF COMMON P :CIVIL DIVISION ;Cumberland County V. Robert W. Miller, Jr. ::NO. 05-936 Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifica ion Verification attached to the Complaint in Mortgage F rec regard to the captioned matter. DATED: April 1, 2005 ATTORNEY FOR PLAINTIFF for the sure with . UDR LAW O FICES, P.C. /r BY: ? Ma J. ren, squire Attorney for Plaintiff r V E R I F I C A T I O N The undersigned, an officer of the Corporatio which is the Plaintiff in the foregoing complaint or an of icer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of he Plaintiff, hereby verifies that the facts set forth in the fore oing Complaint are taken from records maintained by persons sup rvised by the undersigned who maintain the business records of th mortgage held by Plaintiff in the ordinary course of business nd that those facts are true and correct to the best of t e knowledge, information and belief of the undersigned. The undersigned understands that this stat ment is made subject to the penalties of 18 Pa. C.S. Section 49 4 relating to unsworn falsification to authorities. Date: ariG, /i ao?' S Title: Vice Company: Mox Registration Electronic ems, Inc. Robert W. Miller, Jr. Loan #0007071194 MJU #05010428 t " S . ?- ?f..' /? ?M` SHERIFF'S RETURN - REGULAR CASE NO: 2005-00936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MILLER ROBERT W JR DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE MILLER ROBERT W JR DEFENDANT was served upon law, at 1918:00 HOURS, on the 24th day of Februar , 2005 at 201 LONGMEADOW STREET MECHANICSBURG, PA 17055 by handing to ROBERT W MILLER JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18 .00 8 14 . .00 10 .00 R. Thomas Kline .00 36 .14 02/28/2005 UDREN LAW OFFICES Sworn and Subscribed to before By: me this day of -W" bd7l2a5 A.D. Prothonotar ? y Sherif Mortgage Electronic Registrations Systems, Inc. VS Robert W. Miller, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-936 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark J. Udren. Sheriff s Costs Docketing 30.00 Surcharge 20.00 Poundage 1.46 Levy 15.00 Mileage 6.66 Prothonotary 1.50 $74.62 Sworn and subscribed to before me So w This i,5 O day of R. Thomas Kline, Sheriff 2005, A.D. r? k- BY 0 Prothonotary Real Es to Sergeant 1. SO Clz s v i? Y ?„ iGS27/ 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., 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: 201 Longmeadow Street, (Monroe Twp) Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Robert W. Miller, Jr 201 Longmeadow Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address 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 Commonwealth of PA, Department of Revenue 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 201 Longmeadow Street Mechanicsburg, (Monroe Twp) PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to urs?vorn falsification to authorities. S, P. C. DATED: April 1, 2005 rk-J. Udren, ESQ. torney 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff V. Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-936 Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert W. Miller, Jr. 201 Longmeadow Street Mechanicsburg, PA 17055 Your house (real estate) at 201 Longmeadow Street, (Monroe Twp) Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on September 7, 2005, at 10:00 AM in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $108,971.47, 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 attorney's 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. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669- 5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL. THAT CERTAIN House and Lot of Ground situate on the South side of Central Su=r, being partly in the Borough of Mechanicsburg and partly in the Township of Monnne, in the County of Cumberland and State of Pennsylvania, bounded and desmbed as follows, to wit: BEGINNING at a point on the Southern line of said Central Shit and at the Est= line of Longmeadow Street; thence in an Easmriy direction along the Southern line of said Cenral Street, 66.5 feet to a point at comer' of Lot No. 48 on the hereinafter mentioned Plan of Tots; thence in a Southerly direction along the line 'of, said Lot Ho, 48, 169.00 feet to the Northern line of a twelve (12) foot wide alley; theatre in a Westerly direction thong the Northern line of said' alle3r, thence in a Westerly direction along the Northern line' of said alley, 66.5 feet to a point on the Eastern line of Longmeadow Street, aforesaid; thence in a Northerly direction along the Eastern line of said Longmeadow Street 169.00 feet to a point on the Southern line of Central Street, aforesaid, at the point and place of BE GINNING. BEING Lot No. 49 on a Plan of Lots known as Plan No. 2 of GREEN ACRES, which plan is recorded in the Cumberland County Recorder's Office in Plan Book No, 4, at page 3. HAVING thereon erected a single family dwelling known and numbered as 201 Longmeadow' Strut, Mechanicsburg, Pennsylvania. BEING KNOWN AS: 201 LONGMEADOW STREET, Mechanicsburg, (MONROE TWP) PA 17055 PROPERTY ID NO.: 20-24-0785-024 TITLE TO SAID PREMISES IS VESTED IN ROBERT W. MILLER, JR. BY DEED FROM KIMBERLY PENTZ, WIDOW DATED 02/28/03 RECORDED 03/07/03 IN DEED BOOK 256 PAGE 93. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-936 Civil CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From ROBERT W. MILLER, JR. (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 gamishee(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 $108,971.47 L.L. $.50 Interest FROM 4/2/05 TO DATE OF SALE 9/7/05 - PER DIEM @ $18.43 - $2,930.37 Arty's Comm % Due Prothy $1.00 Arty Paid $118.14 Other Costs Plaintiff Paid Date: APRIL 5, 2005 CURTIS R. LONG ProthonotaJ? (Seal) By fA2 e , l/C/1/)?Y.? Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale #23 On May 05, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 201 Longmeadow Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 05, 2005 ByJ6 Real Est e Deputy 8Z ;b ci 9- 8dV goo Vd `.tlrtuu; ,? ; Ni:i ?j1213HS 311.L _,p 3JIJ?C 0? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Mortgage Electronic :COURT OF COMMON PLEAS Registration Systems, Inc. :CIVIL DIVISION Plaintiff :Cumberland County V. Robert W. Miller, Jr. ::NO. 05-936 Defendant PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above captioned matter JUDGMENT WITHDRAWN and ACTION DISCONTINUED WITHOUT PREJUDICE, upon payment of your costs only. DATED: February 1, 2008 UDREN LAW OFFICE , P., . r BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ??`} c?a ? .? wcl ?. ` ? $ ? , !1 ?j ? ? i/ x' ?;"?'b ? ?°} °`..? ? v r