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HomeMy WebLinkAbout05-2879 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 p1eadings@udren.com Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) NO. OS - eU>'l'f C/U;C/~ COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue 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. Is! Mark J. Udren, Esquire Woodcrest Corporate Center 111 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: Homecomings Financial Network, Inc. Assignments of Record to: Bank One, National Association, as Trustee Recording Date: 04/19/02 Book: 686 Page: 2499 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: 168 West Middlesex Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Middlesex Township COUNTY: Cumberland DATE EXECUTED: 10/18/00 DATE RECORDED: 10/26/00 BOOK: 1647 PAGE: 667 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. S. 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 06/02/05: Principal of debt due Unpaid Interest at 12.12S% from 01/01/05 to 06/02/05 (the per diem interest accruing on this debt is $42.41 and that sum should be added each day after 06/02/0S) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $336.89 and that sum should be added on the first of each month after 06/02/0S) $12S,913.58 6,488.73 32S.00 280.00 Late Charges (monthly late charge of $68.14 should be added in accordance with the terms of the note each month after 06/02/05) Attorneys Fees (anticipated and actual to S% of principal) TOTAL 00.00 272.S6 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 6,29S.68 $139,57S.55 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 $139,S75.SS 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. U r SQUIRE UDREN LAW OFFIC , P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF NORTH MIDDLESEX ROAD AT CORNER OF LANDS NOW OR FORMERLY OF CALDER CLEMSON, THENCE BY THE CENTER LINE OF SAID NORTH MIDDLESEX ROAD, NORTH 84 DEGREES 30 MINUTES EAST 323 FEET, MORE OR LESS, TO CORNER OF LANDS NOW OR FORMERLY OF GEORGE HINDA; THENCE BY SAID LANDS NOW OR FORMERLY OF GEORGE HINDA AND LANDS NOW OR FORMERLY OF RAYMOND A. AND GLADYS I. SMYSER, HIS WIFE, SOUTH 05 DEGREES 30 MINUTES WEST 845 FEET, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CALDER CLEMSON; THENCE BY SAID LANDS NOW OR FORMERLY OF CALDER CLEMSON, SOUTH 86 1/2 DEGREES WEST 338 FEET, MORE OR LESS, TO A POINT, THENCE BY THE SAME, NORTH 6 1/2 DEGREES EAST 841.5 FEET TO A POINT, THE PLACE OF BEGINNING. Image t'nnt Homecomings Financial A GMAC Company April 07, 2005 Certified Mail. Return Receipt Requested 0400329058 Tamara R Yost 168 West Middlesex I)rivc Carlislt'. PA 17013 Rc: Propeny Address 168 West MiddJesex Driv~ Carlisle. PA 170B Lmlll Number 0400329058 A dd"ault c.\jsts undl.c'[ the alxwl:': rd"t..n:nced Mortgllg.c/Dct,"d of Tru:.11otlll agreement TIle actiolJ required to cLlre the dduull is Ole pn.\irJI..::/Il or all sums due Ulllh,"'lh~ MOflgagt:!Dcl:d of Tntsl loan lIh'ret.'lJ)t.'ll! As of thc date of this lctlcr tll~ fotal UrrJOlml due ii<: S 4..."'97.76. Thai stun includes lhe ti.)llowing: 1 pll!mcnt~ totaling: $ 5A35.66 Latc charges $ 204.42 Oth!..,.. lees Hud/or COsts N/A Unapplied FWld<;. $ 1,041.32 The Io'tal amoUlH due sJ10\\11 ubovc is sul"!fect (0 further increases it)]" additional monthJ~' paYll1ents. IlItc charges, llttnmL':" fees. and;or otht,,'f fees and co~ which may become due, atter the date of this letter To obtain an update of the [olalllmount due to cure this default. cnfl(act us 1:11 I.HtH1.206.2901. TO ('{mE THIS DEFAln.T, SEND Ymn{ CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN Tlm AMOl1N'r OF S 4_'W7.76 BY Ma,' 07. :Z005 TO 'Iln~ FOLLOWIN(r ADDRESS HomccominJes Financial, P.O. Box 78426 Phoenix, AZ 85062..s.t2(, OR OVERNIGHT TO: .1820 ta.d Sk~' Harhor Circle South. Suite 100 Phoenix, AZ 85034-9700 lftlle default 1.<; not cured within thirty (30) days of [he mailing of this k11(..,.. the lender, withnUl funlwf notice or dt.'milUU, wiH accelerate thc maturity dak of the NOfe and declare all sums ,';t.'Cured hy the Mtlftgage/De<:d of Trust tu he immediately duc aud payable "Ole lender then inte11ds to huvc the propeny ~;old at a public J{>nxlosurc salc. AfkT acceleration. a cUTinp: of the default and n..'instatt:rncnt of the lo:m will be pcnniucd up to the time of the sale by paving: tJle pa.-';t due monthly payments and other sums then dUt: under tht: MOl1gagefl:x."C(} of Tnlst loan agreement and hv complying with aIlrcrms ofrcinst3tement. You have the right io hring a court IlL'tilm to as.'lt:rt thcnooc:\is!t.'llcc of II dclilUh or any otht..'f deh..'1l:>ethmllwy exist to prev(.'l1l' au..'ClcratioH and suit.: of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE U$[]) FOR THAT PURJ'()SE. Sinct.'TeIy, LOllIl COlmsding Departmt.1U I ILl I -UOIDC\lwncnhip counllCling is 1\'aiJablc 10 you through the 'Credil (',.ounodins R<:Wurce C'ClfJIU" (CCRC'). an IIllillnce of Uotl~nmcr credil """""cling lI{!meie,;, The CC1{(' has h.ren Mained hy HrimeC()flliDg" FiMncilll10 provide Ildvioe 10.You 011 credit i~.u..., in<lludinll how tv rc:duce 4eOfllud improve Cll~hfl,1W ml'lll~t:J\t.ll!lJ'Il.hjliti:e" You IlIlly IlOl1t1lCllbern lit 1.1177.11flf,,0775 I<,r u>li~lMcc It! no lX~' III .'011, or you mil" ";111 tOOOlllacill m.Jl~l/edIKRI.in~ <JOUn~lin!! ngall'y bv -"tIlling 1.1I0tU69A2117 fPt'f'lrth",.inii.>nnati<.m. Homecomings Financial 2711 NOml Haskell AvenLJe Sui1B 9ooDol105, Texas 75::""04 800.206.2901 Hornecoming~,corn EXHIBIT A https:llimaging.homecomings.cOmlimageViewlPrintImages.asp ?DocumentID=80846725&PageCount=6 f'age 1 or b 5/2412005 Image t'nn t ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE nus NOTICE IS SENT TO YOU IN AN ATTEMPT TO COlLECT nn, INDEllTFnNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL llE USED FOR THAT PURPOSE This is an otliciaJ notice nUll the mort (llle on vour home is ill deiHult and the lend!."!" intends to loreclotlc, S '..cHic in[onnatioll ahout the nature of the dcfiluli is nrovided in the aljllch~d rll'l~Cs 'he JO ~OWN'~'S MOIrm .,';- SS STANCE 'ROGR M '1" '~M P mnv he nble io hel io '8l'C \ r orne T is 1Y21i$J:w.ins how Ib_'Ulf..QgB!!.lL~k~., To,> j' J J1 or v I 1;f ':~T\\' 'J CONS!) ~'{C{;' r '( IN'F N.i J: 'C WnlN~n '^ s OF TIT DAn:: OF nns NOlTer Tuke this notice wi1h VOlI when VOlt meet ",ilb the Counsell"!!" Al!cnC\ The nlUl1C address and bone number OfColIsulIler Credit C<lunschn Ilcies Sl.~rvinn \lour COUnty arc li!.1cd 1lI the end of Ihis NOli!"''!;, If \~lU hal'!,: !Ill\' UCBliolls vou may call till' Pl'unsvlvltnin Housilll.l Fillllm:c A ~1ll.'V loll fn.'t III 1~kOU-J4.:!-~JY7. (!Jcr;;Olls \\;th imnaired hl:arilll! call Cllll (7171 7KO-18691. This NNic-c ~:ontains imponanl lC[!aJ infot'mation. If }'Ou haYC any qucstions. reprcsentati~~ at the COllsumer ('redit Counseling A/lerll.)' may be able lCI help explain h. You may also wanl '1(1 coniact an uHomey in your llrell The locul bar lt~~ocintiollll1lty he able to heir V{)U lind illawyer LA NOT.IFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTrNUAI:~ VIVIENIX) EN SU CAM SI NO COMPHENDE E.1.. CONTENfJ)() DE ESTA NOTIHCACION OHTENOA UNA TRt\fJUCCION IMMEDIATAMEN"IT LlAMI\NDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AI. NUMERO MENClONA1X) ARRIBA PUE1)ES SER ELEGIlJIJi PARA UN PRESTAMO POR Fl. PR<X,RAMA UAMADO "HOM1~OWNER"S EMERGENCY MOR'IGAGE ASSISTANCE PROC,RM.f' EL ctJAL PlIEDE SALVAR SIJCASADE LA PERD1DA DFLDERECHO A REDIMIJ{ SIJ HIPOTECA Dare: April 07, 2005 TO Tamara H, Y (J:'i\ [(j8 West Middlesex Drive Carlisle. PA 170D Pn..miSt.-..... 168 WC:';f Mitltllt:SCx Drive Carlisle, P^ ]7oB Rc: Loan NumlxT 0400329058 FROM Homecomincs Financial https://imaging.homecomings.COm/imageVieWlPrintImages.aSP?DocumentID=80846725&PageCount=6 Page 2 of6 5/24/2005 Image !'nnt HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCL' ACT OF 1983 (THE nACr), YOU MAY HEELIGlBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CfRCUMSTANCES BEYOND YOUR CONTROl.. IF YOU HA VI' A REASONMlLE PROSPECT OF BEING ABLE TO PAY YOIR< MORTGAGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUlREMENrS ESTABLISHED BY Tim PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STA Y OF Fo.RECLOSURE b Und'-T the Act. ~'uu ure entitled 10 3 lemporar: I'tay of fbreclo!-;ure on your morigage for thirty (301 days Ihml the dute ofihis NOiict. During that time, yon must LllTlIoge and mtend II "fuco.::--to-fl..lCc" mL-etin g wilh one of the conSUmer credit counseling agencies liSl(X1 HI the t'nd of this Notice TH.IS MEETING MUST OCCUR WITHIN THE NEXT 30 I)A YS IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE 11m PART OF THIS NOTICE CALLED "HOW TO CORE YOtJR MORTOAOF: DEFAULr'. EXPLAINS HOW Tn BRING YOUR MORTGA (;-E tIP T() ] )ATE CONSUMER CREDIT COUNSELING AGENCIES -. ]f you meet with une of the CllIlSUlllcr cr~dit cnun::;ding agt.'ncjl;.'S Ii~cd at the end ofthi::; nOl.ie~, the k111.k:r Illay NOT lllkt: uciioll against .voullx ihiny (30) days ullcr lh~ date of this m\X.1ing The nmnt.'S. addrcssL'S and teleohone mnnbcrs ()f dc:>ilIDaro:I consumer credit counseling ng..!d!~k"( for the oo!!nrv irUy!'lich the .nE)Rg[Jti!..l(",'9.l!.~i_Lll"e sJ.'t forth jl1JhjL~n!LQLtltis~Ql~:~ It L" Oil J~' lk:cessa.-:-' [l) schedule one lace-h)-face meeting, AdviS<' \'(lUr lender unmediute":: OfYOl.lf intentIOns. APPL'lCATIONFOR MORTGAGE ASSISTANCE -- Your mortgllpc IS I,ll deIilwt for therea~ms set futih laler In tJlis Notice (~'C Ibllowmg pug.r..'S fix splXitic mfOmmtwIl ahout the nature uf your default. i lfyou huve tried and arc ulluhle loft.'Solvc this probkw \I,ith the k'l.1der, you have the right to apply tbr lin3ncial a~i~1anceirolTl the l-kmlCm\'lCr'i,l Emergencv Mortgage A"";;j~ancc Program. To do Sj\ YOll must fill out. sign and file u. completed T-Iomcowncr's Emt.'rgt."llC)-' A&li:->tancc Prognun AppJicmjon with one of the de:>ignatcd COl1SUlTIi.'r crl.'\iil counseling. agt.'I.1cies h~1ed at the (.'nd of this NOlice. Only con.swner credit cotm:-chng agencies hun,: applicutionslbr the program tlnd lhey will a,,~jsl YOll in :-(llbmiuing. II complete application In the Penn"'Yh,.tnia }'Jousmg Finance Agenc:... Your applll::aLion M{!ST he filed or poshllllfked wiihin thirty (3/)') da.\';.; of your face-In-face meeting LENDER CONTACf IN REGARI>S TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE Humt:Curtlillgs Finuw.;ial 9350 Wuxic Wll~' Suitc IO(j SIIl1 Diego. CA 92123 Attn: Contact Center" Fred Mungarclh Phone: 1,800.206.2901. or 858.505,755J httpS:/limaging.homecomings.COmlimageView/PrintImages.asp ?DocumentID=80846725&PageCount=6 Page 3 of6 5/24/2005 Image t'nnt ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO so OR IF YOU DO NOT FOLLOWTHE OTHER TIME PERIODS SET FORTH IN THIS LEITER. FORECLOSURE MAY PROCEED AGAINST YOUR 1I0ME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED AGENCY ACflON -~ Anulable funds J{JT t,"ITlt~rgt.'I1C~ mortgage llssislauCi:: an: V(.'TY limited.. 111CY will be disburStXl hy the Aw:JICY under the digihiJj(y clll{.'na eslabli~led by Ih..: Act. The PellDSylvllillu Housing: Finance ^gcnc~' has si:xty (60) days to make a decision aftcr it nxciv(:.'i> :-'Ollr applicatj(ffi. DUling: that lime, no foreclosure Procet,'CIinf!'s will ~ pursu;;;d again:,:! you if you hav,;; met the lime rcquin."IllCrlts s'Ct liJrth atxw\:,:- You ,.,ill be nofifiL'I:! dlnxtlv by the PCl1n~yJvl;lnja Housing Fin<mcc Agency of its dt.'Ci.sioll on your nppliclItlon. NOTE, IF YO II ARE CURRENTLY PROTECTED BY TilE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN AITEMPT TO COLLECT TilE DEBT (If YOll have filed bankrllptc,' ~'OU can still apply for Emergency MortJ.:ttge AS!iirtance.) HOW TO CURE YOUR MORTGAGE DEFAULT IBrin~ il UP to date\. NATURE OF THE. DE.FAULT - ThcMOR'J'(;/\Gr~ dcht held by the aoovc lendt'f on your pn~l'-Tt,v locah.-'d at: 16X Wesl Middlesex Drin:: Cm'/rslc. PA 170D IS SERiOUSL Y IN DEFAULT bU;llu.sc~ YOU HAVE NOT MADE MONTHLY MORTGAGE PA YIvlBNTS for the follm\ing months and the followmg amounts ure now past due: Monthly Pll.\1Tl<''11ts from 02101/05 In 0410 J 105 totaliuti Late Charges: Olher tL-cs Ilnd/or CO<;ls (mcludin~ NSF cbllrf!Cs and propc.'r1)' in:'lpcClinns! LESS: Un!lpplied FWlds TOTAL $ 5-435.66 $ 204..1:2 Nli\ $' 1.04'::.32 $ 4.597.76 HOW TO CURE THE DEFAULT - You may (''UJ"C the default ..vitbin THIRTY (30) DA YS of the date (.1' thls Noliec BY PAYING TIlE TOTAL AMOUNT DUE TO THE LENDER WHICH IS $ ~"~97.7<,.I'LUS^NY MORTGAGE PA YMENTS AND LATE CHARriES WHJCH FlECOME DUE DURING THE THIRTY (30) DA Y PERIOD Pavments must he made either hv ca<;h. cashier's check. ccrtifit.'t:i check or 11l011~V order made . vahk !J1]_g_~.t.!o: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor' Circle Soulh, Snite 100 Phoeuix. AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - If you do not clIre the default within THIRTY (JO) DA YS of the datc of tili/! Notice, the len~r intend" to eIercille its ri~hf to J!\'t'cleraie the mortto'a~C:' debt. This means thl'lt the entire outstanding balullce of tlus debt will be cOllbidered d.ue immecbately and you l1Hlv Jose the chance to pay the ffi<lftgagc 1ll monthly ill~tallmcl1ls. If full paYUlt'fll of the total anJounl pnst due 15 not made witl]in THIRTY (30) https :/limaging.homecontings.comlimageVieWlPrintImages.aSP?DocumentID=80846725&PageCount=6 Page 4 01 6 5/24/2005 ..LHjd~e rnnr D1\ YS, the lender ItlsO intends to in~rruct its a!lnrney 10 start legal action to foreclose uprrn y"our 1lI0ltgageJ propt'rt.i" . IF THE MORTGAGE IS FORECLOSED UPON ~ ]be morlgagt,'Q prnpcrfY will be ~old by the Sheriff lO puy off the Dlnrtgugc dcbL If the iL'nder n..'fcrsvour case to 1l" attl.lfrleY. bur you Cllre the ddmqut."llcy bc!()re the lender begins legal pnlC4."Cdmgs against you, YOIl will still he n,'tllurcd 10 pay the rea~lllablc lIUOfnt.;."" fees llwl ....'l'fe HClu.ally int..'tUTcd, up to $50.00 However, if legal pHlceeding;; an.: started against you, VOl! will have to pa.v all rCllsooHble alton1t.'Y'" 1l.'CI>: itCluolJy incurred hy the Jt.'udt."f, even jfthey exClXd $50,00. IV1Y 1.lUorney's Jel,,"S will be 1.ldded to the amount you O,ve the It.'nda, which mav alsu include other n.:usonuhle costs. If vou cure the derauJi within the THffiTY 0 DAY riod VOQ will not he uircd to I~\' attorne\"s fees. OTHER LENDER REMEDIES - The lender may aJil{} sue .vou personttlly for the unpaid principal balance and all uther sums due under the mm.tgagc R[GHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE _ If you have not cunxi tht.: default willlin ihc THIRTY (30) DAY pt..1'iod and foreclosure proceedings hl1\'c begun, IQjL&j1.l1wS~_!h~ riQhU~.!..furc_!he def;:!,!!)J aud revent the sale at an" time tll to one hour befOre th(., Sht-'rilr s Sale, You maY" do ::;() bv avin T the tolal amount then as! dut.:: lu:,: all\' law or other char'!::': then due. reUflonable aUOnl{.,\"s f~,::> llIld (.loms connt."Ctoo with thelon."C{oSIlTe suk and an other cohifl t.'(.mncctcd with the SheriIT's Sale a:': s x:ificd ill ,,'rhine b\: the len&'f and hv 'rJ(ll11liu" any other rc uiremculs under the mort '1l' '. Curing ~:our default in the manner set forth in thill Notit.'e ,,'ill resture your mortlla~e to th,.. MHDJe pmition as if you had never defaulted. EARLIEST POSSIBLE SH.ERIFF'S SALE DATE -It is cSi.1malcJ lhat U1C earliest dale that such a Shcritr,~ Sale of lhe mongaged prOpl'fty could Jx.. held would be approximatel)' dx ((.) months from the date of this Notice, A notice of the actual date of L'hc ShTjff's Sale- \\ill be Sfo.'llt 10 you before Ole ;;aJc. Of Cour:K'. the amount necd...'{l to curl' the default will int.'rc.1x the lonJ:!CT you wait. You lllay find Oul Of Imy lime exactly whut the required pa."-mcnt or action will be by COIHactmg thl: lender HOW TO CO!\'TACT THE LENDER, J'10mecomings Financial 27 I J N, Haskell. Suite l)(JO Dalla::;. IX 75204 AUn: Loun CouJlscl.in!l Th..1laTlIncnl PhOllC: I.NOO.2{}(;.2\)() ) EFFEcr OF THE SHERIFF'S SALE - .fou should T1."IIlizl: that (l Sheriff's Sule wil] end your o1,\TIt.'rS.hip urthe mortgaged propertv and your rij.!ht to occupy 1l ff you continue 10 live in the propet1~.- aiier Ihe Sheriff's S;:lle, 11 law:,:uit 10 n.'n1ove you and your fUl'llishin~ llI1d other belongings coukl be stuned OV the lender al allY lime. ASSUMPTION OF MORTGAGE - You may he ahle to sell or transJer vour home 10 It buvt,'T or lransferee who will nssumc the mortgugc dcbt, pro..ided thllt ~ll the out:.tundmg pa)ment~, charge.':> and att(;rn{.~" s fee:,; and costs arc paid prior to or oi the sale and Utal thc other requirements of the morlgagc arc smisfied YOU MA Y AL50 HAVE THE RIGHT, TO SELL TW::: PROPERTY To OHlA1N MONEY TO PAY OFF THE MORTGAGE DEJf! OJ{ TO !lOj{ROW MONEY FROM ANOTJ IER LENlJIN() lNSTITUTJON T() I'A Y OFF THIS DEBT TO HA \1' THIS DEFAULT CURED BY ANY THIRD I'ARTY ACTIN(J ON YOUR BEHALF httPS:/limaging.homecomings.COmlimageVieWlPrintlmages.asp ?DocumentID=80846725&PageCount=6 . Page 5 of 6 5/24/2005 Hlldge rnn[ TO I IA VI' 'IHE MORIGAGE RESTORED TO TI [I' SAME POSITION AS IF NO DEFAULT IL\D OCCURRED, JF YOU CURE TJ IE DEFAIH,T. (}IOWEVER. YOU DO NOT HA VE TJ liS RlCH Jr TO CIH,E YOm DEFAtrr.T MORE THAN THREE TrMES IN ANY CALENDAR YEARl TO ASSI:RT THE NONEXlSTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHE~ LAWSUIT INSTlnnBJ UNDER niL MOHTGAGE D(JCUMFNTS TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HA VETO SUCH ACTION BY TlIT' LENDER TO SEEK PROTECTION UNDER THE FEDEIlAL BANKRlH'TCY LA W Sillcer~h . Lnan COlUlsding Depurtmem Enclo.surc(s) Ll~l of Counseling AgenclCs httPS:/limaging.homecomings.COmlimageVieW/Printlmages.asp ?DocumentID=80846725&PageCount=6 - Page 6 016 5/2412005 V E R I F I CAT ION Mark J. Udren, Esquire, hereby states that he lS 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. - N ~ ~ ~ ~ ....... tv V, (") ,." 8 ""' 6"- D 4 = ~ = ~ V) t::f:t.'; U'> -0 '- ~ ~ ~;(!; (- ~ % m::!J U"t ?-=- r- ~ (Ii I :BE9 .,' w r;:~ ;,:j 0,1, ~ ::t~ ......, -;- ". ::c =r j ~, ~ .. ::E C)-1 -=0 )>c: 6 20 ~ t5rn 0;-' - .s::- ~.> c'D -< UDREN LAW OFFICES, P.C. BY, Mark J.. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~~l WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN S5120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) NO. OS-2879 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Tamara R. Yost 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 I s damages as follows: As set forth in Complaint Interest Per Complaint From 6/3/05 to 7/26/05 Late charges per Complaint From 6/3/05 to 7/26/05 Escrow payment per Complaint From 6/3/05 to 7/26/05 $139,575.55 2,290.14 136.28 336.89 TOTAL $142,338.86 I hereby certify that (1) Defendant are as shown above, an accordance with Rule 237.1, co the addresses (2) that noti f which is at f the Plaintiff and e has been given in ached hereto. .C. r J. U ren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED DATE:--Ju..LII :J..'7 .:J DM / I AS I~~~:TE~ ~ PR P~THY):). 7T' ~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Bank One, National Association, as Trustee ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tamara R. Yost Defendant (s) NO. 05-2879 Civil Term Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 DATE of Notice: July 13, 2005 IMPORTANT NOTICE TO: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE US TED 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, US TED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI US TED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WI USED FOR THAT PURPOSE. s . r, squJ.re 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 HILL, NJ 08003-3620 856-482-6900 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 05-2879 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investlgations 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: Tamara R. Yost Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and sub~ribed befo~e this / day of \J w-e ' 2005. Ni!1~~1/rr Nam~- Tit : Ass an Vice President Company: Homecomings Financial Network HOLLY LYNN FARLEY NOTARY PUBLIC. MINNESOTA MY COMMISSION EXPIRES JAN. 31,2009 c~ ~ -- ~ ~ t 1 ~ -4- :-0 C> \) ~~ C7 ~ ~ \.) \. ...j () ~-::':> ...-n ~ ~,~ \~-;: r'.) --' c~ \0 -l UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tamara R. Yost NO. OS-2879 Civil Term Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: July 26, 2005 rk J. Udren, squire Attorney for Plaintiff BY: V E R I F I CAT ION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 \{MP ?CDs N~ Title: Assistant Vice President Company: Homecomings Financial Network Tamara R. Yost Loan #04003290S8 MJU #04030344 ,;;,; C) .;,::> -n ,,-,' L_ C:. -<. r-~ -.J c~: l'~ -, 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 Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) NO. 05-2879 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Interest From 7/27/05 to Date of Sale December 7. 2005 Per diem @$42.41 $142.338.86 5,682.94 Amount due (Costs to be added) $ LAW OFFICES, P. . [ ~. ~ -I- 0 b X~ - w ~ ~ .....0 ~ --0 ('r; ~ l)- ~ CY f '-.!::. +- - C' ~ -A~ -- , Crt \) c; C> fEr hi V) ~ () r--- -f:A- ~ _ <.rt VJ (;::: (;:) ~...o V\ -:- '! I ...:) 'v, '0 lI\ 40 \) \) c>oO tCY '." I \ I~~~ - ~, ~ ~ -- c '&1 O ~ 0 ~ C:J ,1 C=: a'l ~-.: ~"::: N -..l -"OJ -"-.- C.. :'0 -..l - ------ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2879 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff (s) From TAMARA R. YOST (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,338.86 L.L. $.50 Interest FROM 7/27/05 TO DATE OF SALE 12/7/05 PER DIEM @$42.41 - $5,682.94 Ally's Corom % Due Prothy $1.00 Atty Paid $113.70 Other Costs Plaintiff Paid Date: JULY 27,2005 CURTIS R. LONG (Seal) Prothonotary "Ily: d...? (]~ 0 [} ~/?4<r, r Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 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 RILL, NJ 08003-3620 856-669-5400 . ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) C E R T I F I CAT 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. Ma J. Udren, ES IRE ATTORNEY FOR PLAINTIFF <e:. -- \ ":>, -- s~\ -;::?.-;'\ -(~\f:t ".~' ~;\^. ~)-r'} " -''-:'f\ ~:.j\ /". Cl c, ,...> t~0 'Z.J' c[? ~. -- '~o. '.,.J:_ - ----- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 222 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Bank One, National Association, as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 168 West Carlisle 17013 Middlesex Drive (Middlesex Township), PA 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 t01unsworn falsification to authorities. . DATED: July 26, 2005 P. M J. Udren, ESQ. ttorney for Plaintiff o c:: r-' c.:> c-.:.:' '-" 2~~" r-- N -' . .' o -n CD N 0:) - UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 5S120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 is scheduled to be sold at the Sheriff's Sale on December 7, 2005, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $142,338.86, 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 Sheriffls 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 llAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. amount due 5400. The sale will go through only if the buyer pays the Sheriff the full in the sale. To find out if this has happened, you may call 856-669- 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have-other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 o c;: .....' c.-.") g~ <-- c-::~: r""" f".) --J C:J \'-., CD ALL THAT CERTAIN TRACT OF LAND SITUATE IN MIDDLESEX TOWNSHIP, CUMBERLAND COUNTy, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF NORTH MIDDLESEX ROAD AT CORNER OF LANDS NOW OR FORMERLY OF CALDER CLEMSON, THENCE BY THE CENTER LINE OF SAID NORTH MIDDLESEX ROAD, NORTH 84 DEGREES 30 MINUTES EAST 323 FEET, MORE OR LESS, TO CORNER OF LANDS NOW OR FORMERLY OF GEORGE HINDA; THENCE BY SAID LANDS NOW OR FORMERLY OF GEORGE HINDA AND LANDS NOW OR FORMERLY OF RAYMOND A. AND GLADYS I. SMYSER, HIS WIFE, SOUTH 05 DEGREES 30 MINUTES WEST 845 FEET, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CALDER CLEMSON; THENCE BY SAID LANDS NOW OR FORMERLY OF CALDER CLEMSON, SOUTH 86 ~/2 DEGREES WEST 338 FEET, MORE OR LESS, TO A POINT, THENCE BY THE SAME, NORTH 6 1/2 DEGREES EAST 841.5 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS: 168 WEST MIDDLESEX DRIVE, CARLISLE (MIDDLESEX TOWNSHIP), PA 17013 PROPERTY ID NO.: 21-06-0017-018 TITLE TO SAID PREMISES IS VESTED IN TAMARA R. YOST, SINGLE PERSON BY DEED FROM VICKY S. CAFFREY AND KATHY A. PORTER, CO-EXECUTRICES OF THE ESTATE OF NILE A. SMYSER, DECEASED DATED 10/18/00 RECORDED 10/26/00 IN DEED BOOK 232 PAGE 398. 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-S400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) NO. 05-2879 civil Term AMENDED 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". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. BY: 8 Pa.C.S. Section 4904 This Affidavit is made subject to the pena relating to unsworn falsification to autho Dated: November 18, 2005 Mar J. U ren, Esqulre Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECl,OSURE v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Bank One, National Association, as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the Real Estate Tax Dept. Domestic Relations Section PA Department of Revenue Address 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St. Carlisle, PA 17013 Bureau of Compliance, P.O.Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other knowledge who has any interest affected by the sale: Name person of whom the plaintiff has in the property which may be Tenants/Occupants Address 168 West Carlisle 17013 Middlesex Drive (Middlesex Township), PA 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 her ~ are made subj ect to the penalties of 18 Pa.C.S. sec. 904 el ting to unsworn falsification to authorities. DATED: November 18, 2005 E Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES. P.C. BY: Mark J. Udren. Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-S400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County . NO. 05-2879 Civil Term. v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Defendant(s) DATE: October 5, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER (S): TAMARA R. YOST PROPERTY: 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 7. 2005, at 10:00 am, in the COMMISSIONERS HEARING ROOM, 2w 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 S~eriff on a date specified by the Sheriff not later that 30 days after sale. 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LUlli 0'" <oW {:.~ 03-~ ~6 ::;a: z~ ~ ,...0 gt; ..:0 w'" 00 ",,,, ....0 .. * u ~ "m ~ a: '" 0:..... 0'" -g '" w Z g o~ ".e g \;; I:i; "'a '" ~ 00 '" '" ::;z z ~ P-:::t- '0 ",'iii -<z 0 51 ,;, =>0<. w a ,"'0 ,.. 0 0 U-' ::t: - ,,:1'; "e ,,~ ., - 00'0 E::g U) " ~~ ~<o :5 '" - '" '" ..,. '" ~::I - '" '" ..,. '" '" .... '" 0> - - - - - - i 0- - c '0 0. .. ~ o ~ .s ,; ! - l a. ~ ~ ." ~ a. e o (.) III .c ~ " :E e - o .... ..,. m m - ~ '" '2 .0 Q) l1- ::: 11> '" E \3 l1- (J) c.. :'IHIB!TA Bank One, National Association As Trustee VS Tamara R. Yost The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2879 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2005 at 2:12 o'clock PM, he served a true copy of the within Real Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within name . . ara R. Yost, by making known unto Vernon "')"ost, d!thel",f~..amar,a..Ji., Y_ost, at 168 West 1 . . Ie, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2005 at 2:39 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tamara R. Yost located at 168 West Middlesex Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tamara R. Yost, by regular mail to her last known address of 168 West Middlesex Drive, Carlisle, PA 17013. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. This _ day of So An. swers #-.#. ,,/~/~ , R. Thomas Kline, Sheriff Sworn and subscribed to before me 2005, A.D. Prothonotary , {. BY dv--rLv /n1.L-ttn Real Estate. ergeant :XHIBrr B <'-; .-";1 .~::-.\ ;i\ ,,-,;. 6; c..'J UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Tamara R. Yost NO. 05-2879 Civil Term 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. \~ Mark J. 'Lfdren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: December 13. 2005 C) ,'- ?~ '.:J-' C.::) r-.1 '" C) --II ::; r-<':o N - o . Bank One, National Association As Trustee VS Tamara R. Yost The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2879 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 19,2005 at 2:12 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Tamara R. Yost, by making known unto Vemon Yost, father of Tamara R. Yost, at 168 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2005 at 2:39 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tamara R. Yost located at 168 West Middlesex Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tamara R. Yost, by regular mail to her last known address of 168 West Middlesex Drive, Carlisle, P A 17013. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 220.00 15.00 15.00 .50 1.00 9.60 4.42 15.00 20.00 Postage Postpone Sale Law Journal Patriot News Share of Bills .74 20.00 311.00 297.65 20.89 $980.80 2005, A.D. ~~~ Sworn and subscribed to before me R. Thomas Kline, Sheriff BY JQdt[~ Real Estate Sergeant ~ /_ 00 r~ I)J2'31 cls#- ~H: J7;)o~9 .' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 222 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Bank One, National Association, as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was fi1ed the following information concerning the real property located at: 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS # 1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. S. Name and address of every other person who has any record lien on the property: Name Address None 6. Name interest sale: Name and address of every other person who has any record in the property and whose. interest may be affected by the Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St. Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 168 West Carlisle 17013 Middlesex Drive (Middlesex Township) PA 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 1unsworn falsification to authorities. \ DATED: July 26, 200S 1M J. Udren, ESQ. ~ttorney for plaintiff v ~"' v J,I_.:.J - -- 'UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER ~~~ WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Bank One, National Association, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 NO. 05-2879 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tamara R. Yost 168 West Middlesex Drive Carlisle, PA 17013 Your house (real estate) at 168 West Middlesex Drive, Carlisle (Middlesex Township), PA 17013 lS scheduled to be sold at the Sheriff's Sale on December 7, 2005, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $142,338.86, 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 Sheriff1s 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 ~OES 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 ca:~ling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. amount due 5400. The sale will go through only if the buyer pays the Sheriff the full in the sale. To find out if this has happened, you may call S56-669- 4. If the amount due from the Buyer is not, paid to the Sheriff I you will remain the owner of the property as if the sale never happened. S. 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. home back, You may also have. other rights and defenses, or ways of getting your 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 CERTA~N TRACT OF LAND SITUATE IN MIDDLESEX TOWNSH~P, CUMBERLAND COUNTY, PENNSYLVAN~A, BOUNDED AND DESCR~BED AS FOLLOWS, BEG~NN~NG AT A PO~NT ~N THE CENTER L~NE OF NORTH M~DDLESEX ROAD AT CORNER OF LANDS NOW OR FORMERLY OF CALDER CLEMSON; THENCE BY THE CENTER L~NE OF SA~D NORTH M~DDLESEX ROAD, NORTH 84 DEGREES 30 M~NUTES EAST 323 FEET, MORE OR LESS, TO CORNER OF LANDS NOW OR FORMERLY OF GEORGE H~NDA; THENCE BY SA~D LANDS NOW OR FORMERLY OF GEORGE H~NDA AND LANDS NOW OR FORMERLY OF RAYMOND A. AND GLADYS ~. SMYSER, H~S W~FE, SOUTH 05 DEGREES 30 M~NUTES WEST 845 FEET, MORE OR LESS, TO A POINT IN LINE OF LANDS NOW OR FORMERLY OF CALDER CLEMSON; THENCE BY SAID LANDS NOW OR FORMERLY OF CALDER CLEMSON, SOUTH 86 ~/2 DEGREES WEST 338 FEET, MORE OR LESS, TO A POINT; THENCE BY THE SAME, NORTH 6 ~(2 DEGREES EAST 84~.5 FEET TO A POINT, THE PLACE OF BEGINNING. BEING KNOWN AS: 168 WEST MIDDLESEX DRIVE, CARLISLE (MIDDLESEX TOWNSHIP), PA 17013 PROPERTY ID NO. : 21-06-0017-018 TITLE TO SAID PREMISES IS VESTED IN TAMARA R. YOST, SINGLE PERSON BY DEED FROM VICKY S. CAFFREY AND KATHY A. PORTER, CO-EXECUTRICES OF THE ESTATE OF NILE A. SMYSER, DECEASED DATED 10/18/00 RECORDED 10/26/00 IN DEED BOOK 232 PAGE 398. v.,/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2879 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE, Plaintiff (s) From TAMARA R. YOST (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 gamishee(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) Ifproperty 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 $142,338.86 LL $.50 Interest FROM 7/27/05 TO DATE OF SALE 1217/05 PER DIEM @$42.41 - $5,682.94 Atty's Comm % Due Prothy $1.00 Atty Paid $II3.70 Other Costs Plaintiff Paid Date: JULY 27, 2005 CURTIS R. LONG (Seal) prothZ '-!)y: 0/>0 0 _8.7f/l.lkTc..~ Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UOREN LAW OFFICES, P.c. WOODCREST CORPORATE CENTER 1 II WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 Real Estate Sale #13 On September 01, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 168 West Middlesex Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 By: \)0 c'-4 )(rccth Real Estate Sergeant ~.. ~.. ~. ~~ , B Z. Iff S~H lQ :t 0 ) [; ';,> i., '~'~ .:i:r>.JJ.b .0 \..~) :') t . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 Pelillsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or pnblication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday/ Metro editions which appeared in the 25th day(s) of October and the I" and 8th day(s) of November 2005. 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 Danphin in Miscellaneous Book "M", V olnme 14, Page 317. PUBLICATION COPY e me this 23rd day of November 2005 A.D, NOTARIAL SEAL -- Terry l. Russell, Notary Public City of Harrisburg, Dauphin County My Comrnissloo Expires J e 6, 2006 Member, Pennsyl anlaAuochi.I' nof Notaries . My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLlSLE, PA. 17013 REAL ESTATE SALE No. 13 Writ No. 20015-2879 CMITenn Bank One, National A8aocletlon, 881\'uetee Va 1lunera R, Yost Ally: Merk Udren " DESCRIPTION ALL 1HAT CEIITAIN lntt of land situate in Middlesex Township, Cumberland County, Pennsylvania,bounded lIIlddescribed asfoI1ows: BEGINNING at a point in the center line of North Middlesex Road at comer of lands now or formerly of Calder Clemson; thence by the center line of said North Middlesex Road, North 84 degrees 30 minutes East 323 feet,more or less, to comer of lands now or formerly of George Hinda; thence by said lands now or fonnerly of GeOJge Hinda and lands now PI' formerly of Raymond A. and Gladys 1 Smyser. his wife, south 05 degrees 30 minutes west 845feet,~orless,to a point in line of lands now or formerly of Calder Clemwn; thence by said lands now or formerly of Calder Clemson, sou1h 86 _ degrees west 338 feet, more or less, to a J'Oir!t; thence by the same, north 6 ~degreeseast 8415feet to a point,the place of BEGINNING. BEING KNOWN AS: 168 West MitItIlesex Drive,Cartiste(Midtltesex Towllship),PA t1013. PROPERTYID NO; 2t.()(H)()t7.()t8. 1ITLE TO SAID. PREMISES is vested in TamanI R. Yost,single peISOIl,"l' deed from VIcky S. Caffrey and Kathy A. Porter, co-exe<:utrices of the .- nf Nile A. SmY'" deceased, dared tOll&OO IOCllOIed to/26/OO in DeoI Book 232 !'IF 398. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L,1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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: October 14, 21, 28, 2005 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, llJ TO AND SUBSCRIBED before me this 28 day of October. 2005 ~~~/~. ~~A/ NOTARI, SEAL I LOIS E. SNYDEH. Notary !Jub'iC I Carlisle 80r.O, CIlrnber1alld Count_I! I My Commiss!()f) bon'""'s 1\;1~V:;h :), ~\)-{)') ...""",-_.__.~,..<,.,.~.~".._.~..<~_..~--,..~-~,..-..,,.-,_.....~ REAL ESTATE SALE NO. 13 Writ No. 2005-2879 Civil Bank One. National Association, as Trustee vs. Tamara R. Yost Atty.: Mark Udren ALL THAT CERTAIN tract of land situate in Middlesex Township. Cumberland County". Pennsylvania. bounded and described as follows: BEGINNING at a point in the cen- ter line of North Middlesex: Road at comer of lands now or formerly of Calder Clemson: thence by the cen- ter line of said North Middlesex Road. North 84 degrees 30 minutes East 323 feet. more or less, to cor- ner of lands now or formerly of George Hinda; thence by said lands now or formerly of George Hinda and lands now or formerly of Raymond A. and Gladys L Smyser. his wife. South 05 degrees 30 min- utes West 845 feet. more or less, to a point in line of lands now or for- merly of Calder Clemson; thence by said lands now or formerly of Calder Clemson. South 86 1/2 degrees West 338 feet. more or less, to a point; thence by the same, North 6 1/2 degrees East 841.5 feet to a point, the place of beginning. BEING KNOWN AS: 168 WEST MIDDLESEX DRIVE, CARLISLE [MIDDLESEX TOWNSHIP). PA 17013. PROPERTY 10 NO.: 21-06-0017- 018. TITLE TO SAID PREMISES rs VESTED IN Tamara R. Yost. single person by Deed from Vicky S. Caffrey and Kathy A. Porter, co-ex- ecutrices of the estate of Nile A. Smyser, deceased dated 10/18/00 recorded 10/26/00 in Deed Book 232 Page 39S.