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Home My WebLink About05-3469 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 p1eadings@udren.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. Julia M, Bowman Leigh A, Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO, OS. 34&9 el'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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Race falta ascentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion, Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda, Dsted puede perder dinero 0 sus propiedades u otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 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 ofthe original creditor if differentfrom 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, VDREN LA W OFFICES, P.c. Is! Mark J. Udren, Esquire Woodcrest Corporate Center III 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: 18 West Springville Road MUNICIPALITY/TOWNSHIP/BOROUGH: South Middleton Township COUNTY: Cumberland DATE EXECUTED: 12/15/04 DATE RECORDED: 12/20/04 BOOK: 1891 PAGE: 3674 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 6/15/05: Principal of debt due Unpaid Interest at 6.75% from 2/1/05 to 6/15/05 (the per diem interest accruing on this debt is $31,78 and that sum should be added each day after 6/15/05) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) Late Charges (monthly late charge of $0 should be added in accordance with the terms of the note each month after 6/15/05) Suspense Balance Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $171,851,91 4,311,16 325,00 280,00 (952,51) o (1,000.00) 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 8,592.60 $183,408,16 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 $183,408,16 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises, ~~ Mark J, Udren, ESQUIRE UDREN LAW OFFICES, p,C. Attorney for Plaintiff Attorney I.D, No, 04302 I ALL THAT CERTAIN tr.u:t ofIand with the improvement thereon ercc:ted situate in South . Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line ofthc publlc road leading from the Old Forge Road to the York Road and atline ofland now or formerly of Graham. Banick; thCllce by the latter bmd and Through an iron pin on the northern side of said road and partly al<;mg a funce line, .North 19 degrees 50 minutes West, 289 teet to an iron pin on the line of land ~ or formerly oiEari HlllIlD1an; thence by the latter lanel, North 77 % degrees East, 96 feet to an iron pin on the line of land ofUarda M. FuUmer,thence by the latter land. South 18 1'4 degreeS' East, 291 feot.tluoUgh an iron pin on the: northern side of the road. mentioned above to a point in the center line of said road; thence by the said cClltCr line. South 79 degrees 40 minutes Westi88 feet to the Place of BEGINNING. '" BEING iinprovcd with a dwelling houSe known as 18 W. Springville &bad, Boiling Springs, , Pennsylvania. JUN-Z4-05 10:51 FROM-HSBC Martiaie Services +8135718681 I-till I'.uu, r-ou<+ 05/02/05 JULIA M BOWMAN LEIGH A MARTIN 42 CARLTON AVE CARLISLE PA 17013 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 iuformation about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works, To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHlN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when you meet with the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, If you have any questions, you may call the Penusylvania Housing Finance Agency toll free at (800) 342-2397, Persons with impaired hearing may call (717) 780-1869, This Notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find an attorney. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFEeT A 3U DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE AL LLAMAR A ESTA AGENC!A (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC10NADO ARRIBA, USTED PUEDE SER BLBGffiLH PARA UN PRESTAMO POR EI.. PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR. SU HIPOTECA. W""" -,;{, , EXHIBIT A JUN-Z4-05 10: 51 FROM-HSBC Martlale Service, +8135716681 I-~' I r. UUfl. r-llU<+ APPLICATION FOR MORTGAGE ASSISTANCE - Your mongage 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 GrecHt 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 TIME PERIODS SET FORTH IN nns LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set foith above, You will be notified directly by the Pennsylvania Housing Finance Agency ofits decision on your applicatioll. 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 DBBT, If ou have filed bankru tc HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date) NATIJRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 18 WEST SPRlNGVll.LE ROAD BOILING SPRINGS P A 17007 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY PAYMENTS, You are due and owing approximately $1115.59 a month.. You are past due since 03/01/05. Other fees may have also accrued on your account. TOTAL AMOUNT PAST DUE:$ 4024.17 HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) ])A YS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE JUN-24-05 10:51 FROM-HSBC Martiaie Services +813571B681 7-871 P 005 F-804 LENDER, WHICH IS $ 4024.17. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DTlRING TIm TIllRTY (30) DAY PERIOD, Pavmems must be made either bv cash. cashier's check. certified check or monev order made Dayable and sent to: HSBC Mortgage Services P. O. Box 17580 Baltimore, MD 21297 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its ril!hts to accelerate the mortl!al!e 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 fuII payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon your mortllalled propertY. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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, YOlL will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to Dav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the llDpaid principal balance and all other swns due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have hegun, YOU still have the rillht to cure the default and prevent the sale at any time un to one hour before the Sheriff's Sale. You mav do so by navimr the total amount then nast due. Dlus any late or other char2es then due. reasonable attornev's fees and costs connected wilh the foreclosure sale and any other costs connected with the Sheriffs Sale as snecified in writing by tile lender and bv Derfol1Ding any other reauirements under the morte:alle, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIDLE SHERIFF'S SALE DATE - It is estimated that the earliest dale that such a Sherifi's Sale of the mortgaged propeny could be held would be approximately five months from the date of this Notice. A notice of the acma! date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will incfe"$e the longer you wait, You may find out at any time exactly what the required payment or action will be by contacting the lender. JUN-24-05 10:52 FROM-HSBC Mortgage Services +8135718581 T-m ~.UUIfU41 '-'U4 HOW TO com ACT THE LENDER: Name ofLendcr: 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 SAT.F. - You should realize that a Sherifi's Sale will end ymlr ownership of the mortgaeed property and your right to occupy it. If you continue to live in the propeny after the Sheriff's Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor -X- may not sell or transfer your home to a buyer or transferee who will assume the mortgaee debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAW THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION. TO PAY OFF TmS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CORE THE DEFAULT. (HOWEVER, YOU DO NOT BA VE nus RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAUt.T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. JUN-24-05 10:52 FROM-HSBC Mortiaie Services +5135715551 T -5T! P . 007/041 F-504 FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless YOIl notify this office within thirty (30) days after receiving this notice that you dispute the val1dity of this debt or any portion thereof, this office will assume that the deb' il val1d. If yon notify this office in writing within thirty (30) clays from reeeivinlr this notice, this office will: obtain verification of the debt or obtain a copy of judllment and mall you a copy of such jndgment or verification. You are also advised tbat any informatIon Whlcb you supply to this office may be used by us In the collection of the debt. If you requeat this office in writio& within thirty (30) days after receiving tbis notice, this office will provide you with the name and address of the orieinal creditor. Although we have requested tha' 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 abont the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNlCATlON IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice 6,17 Certified Mail JUN-24-05 10:53 FROM-HSBC Mortlal' Service. +i130TIIlil I-Clf I r. 1,1\,101 1,I't I r-IoII,I'l Validation ot Debt Notice Pursuant to the Ji'air 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) day.. after receipt ot this notice, disputes the validity of the debt or any portion thereot, the debt will be a.sumed to be valid by the debt collector, (2) if the conaumer notifiea the debt collector in writing within the thirty (30) day period that the debt or any portio", thereof is di.pute~, 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 aol1ector: and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the cons~r with the name and address of the original creditor, if different fram the current creditor. Our demand for immediate payment does not eliminate your right to dispute thU debt within thirty (30) days of .ece:l.pt 01: this notice. :If you choose to do so, we are required by law to cease our colleotion etforta until we have mailed the disputed information to you. Although we have requested tha~ you make payment or provide a valid reason for nonpayment, you still bave the right to make a written request, w:i.chin thirty (30) days of your rece:l.pt of this notice, for more inl:ormation about the debt. Your rights are described further, hereinafter. '1'HJ:S NOT:ICE AND LlII'l'TER ARE AN Jl.T'1'EJlPT TO COLLBCT Jl. DEBT rom ANY :INFORMATION OBTA:INED W:ILL BB USBD FOR THAT PURPOSE. The Federal Trade collllll:i.llllion has ruled that the FDCPJl. does not preclude the :i.ZI.lltitution of legal action prior to the expiration of the thirty (30) day period. Aooeptanoe of funds and reinstat-.nt of the mortgage are both subjeat to verification by HSBC Mortgage Services. Please note that HSBC Mortgage Services :may proceed with foreclosure anCl that fees, costs and/or advances by the mortgagee m&y be due in addition to the Bum quoted above. Plea.e not. further that any funds tendered will be subjeot to verification and correc~eBs before the matter ill concluded. please feel free to contact HSBC Mortgage Servioes upon receipt of this notice should you have any questions or concerns. Date: 05/02/05 HSBC Mo.tgage Services 636 Grand Regency Blvd. Brandon. FL 33510 800-365-6730 www.hebcmortgageserv1oes.oom 05/02/05 JULIA M BOWMAN LEIGH A MARTIN 18 WEST SPRINGVILLE ROAD BOILlNG SPRINGS PA 17007 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 YOW' home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Takc 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 (7 I 7) 780-1869. This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd an attorney. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, POES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCAClON OBTENGA UNA TRADUCCION IMMEDIATAMENTE AL LLAMAR A ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME{S): rnLlA M BOWMAN, LEIGH A MARTIN PROPERTY ADDRESS: 18 WEST SPRlNGVILLE ROAD BOlllNG SPRlNGS PA 17007 ACCOUNT NUMBER: 0009583055 CURRENT LENDER/SERVICER: HSBC Mortgage Services HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTIJRE MORTGAGE PAYMENTS. IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPEcr 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 MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desil!llllted consumer credit counselin!! "l!encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific 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 TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENJED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency ofits decision on your application. NOTE: IF YOU ARE CURRENTI. Y PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES om Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lfyou have filed bankru ou can still aoolv for Em=encv Mortga!!:e Assistance,) HOW TO CURE YOUR MORTGAGE DEFAULT (bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at ] 8 WEST SPRlNGVILLE ROAD BOILING SPRlNGS P A ] 7007 IS SERlOUSL Y IN DEF AUL T because: YOU HA VB NOT MADE MONTHLY PAYMENTS. You are due and owing approximately $]] ]5.59 a month. You are past due since 03/01105. Other fees may have also accrued on your account. TOTAL AMOUNT PAST DUE:$ 4024.17 HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4024.17. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Payments must be made either by cash. cashier's check. certified check or money order made pavable and sent to: HSBC Mortgage Services P,O, Box 17580 Baltimore, MD 2] 297 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!e 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 intends to instruct its attorneys to start legal action to foreclose UDon vour mortl!ll2ed DroDertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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 haye to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50,00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If YOU cure the default within the THIRTY (30) DAY Deriod. vou will not be reouired to Day attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERlFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and mevent the sale at anv time UP to one hour before the Sheriff's Sale, You may do so bv paying the total amount then nast due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and bv Derforminl! any other requirements under the mortl!alZe. 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 SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately five months from the date of tbis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find 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 Nwnber: &00-365-6730 Fax Nwnber: 813-571-8680 Contact Information: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You _ mayor ..x. may Dot sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIDS DEBT. TO HAVE mls 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. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATIACHED 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 will: obtain verification of the debt or obtain a copy of jndgment 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 coUection 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 TInS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice 6.1& Certified Mail 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 addrees of the original creditor, jf 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 chooee 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 prsclude 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 fees, 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 should you have any questions or concerns. Date: 05102/05 HSBC Mortgage Services 636 Grand Regency Blvd. Brandon, FL 33510 800-365-6730 WWW.hsbcmortgageservices.com V E R I F I CAT ION for the Plaintiff, a corporation unless designated otherwise; that Mark J, Udren, Esquire, hereby states that he is the attorney 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 subj ect to the penal ties of 18 Pa,c,S. Section 4904 relating to unsworn falsification to authorities, Mark J, Udren, ESQUIRE UDREN LAW OFFICES, P.C, ~ ~- -.. C'- c;;-. a ~ () ~ ~ w ~ '-\ ..... ~ ~ ~ -", ~ ('., ;,.,. ~ ,,, " o c. .....> c:.-:l c:;:) "'. <- co: c~,. , co .- , ~~, ~- -'C.~ o -n ? ~,:I" # C) /') 'i, ., ) n -,,- - C) ...., -'.:2 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOWMAN JULIA ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOWMAN JULIA M the DEFENDANT , at 1600:00 HOURS, on the 12th day of July at 42 CARLTON AVENUE , 2005 CARLISLE, PA 17013 by handing to SHIRLEY BOWMAN, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 4,00 ,00 10,00 .00 32,00 So Answers: // . -r'~~-'</'~ R, Thomas Kline 07/13/2005 UDREN LAW OFFI Sworn and Subscribed to before By: Ie' me this / q- day of C~'. oZflt?( A,D, W . *~t~n?:~~' Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOWMAN JULIA ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARTIN LEIGH A the DEFENDANT , at 1803:00 HOURS, on the 12th day of July at 620 N HANOVER STREET 2005 CARLISLE, PA 17013 by handing to TAMMY ERB, ROOMMATE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 4,00 ,00 10.00 ,00 20,00 ~ /~ ~,...~..d /-e,<.f' -7 ~ 1~~''I'" "', , R, Thomas Kline 07/13/2005 UDREN LAW OFFIC Sworn and Subscribed to before By: me this 1'1 'S day of /l ) "-JW" Jo..o::, A,D, i k.. {J fn,pk...- A O~.f othonotary /'f"'i SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03469 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOWMAN JULIA ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARTIN LEIGH A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MARTIN LEIGH A 42 CARLTON AVENUE CARLISLE, PA 17013 DEFENDANT IS NOT AT 42 CARLTON AVENUE CARLISLE, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 .00 .00 10,00 ,00 16,00 So answers.;,.-~^--- ,,? .,/ /_~ /,):- /:.;:;:~/~:.-:./ ...~?~..~~;:..------ , R, T~S Kline Sheriff of Cumberland County UDREN LAW OFFICES 07/13/2005 Sworn and subscribed to before me this N=::" day oft )'] dl>1J( A,D. l b&, Q.~, ;Rh J ~"''i' pto onotary j SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03469 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOWMAN JULIA ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BOWMAN JULIA M but was unable to locate Her in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOWMAN JULIA M 18 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 DEFENDANT IS NOT AT 18 W SPRINGVILLE RD BOILING SPRINGS, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 ,00 10,00 ,00 16.00 So answe'0S:''''' , __./ ./_--' /" . ~J-..-?~:::;~/ " / R, Thomas Kline Sheriff of Cumberland County UDREN LAW OFFICES 07/13/2005 Sworn and subscribed to before me this '" {q- day of q~ 02/W:; A,D, l b~ Q rv,A'PO.~_ ~ Pr t onotary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03469 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BOWMAN JULIA ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MARTIN LEIGH A but was unable to locate Her in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MARTIN LEIGH A 18 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 DEFENDANT IS NOT AT 18 W SPRINGVILLE RD BOILING SPRINGS. Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 .00 10,00 ,00 16,00 So answers:. .~) ./<~ .. ~>_:?;"-c" ..~.~ ( R, Thomas(~line Sheriff of Cumberland County UDREN LAW OFFICES 07/13/2005 Sworn and subscribed to before me this /1 "':.- day of (f,j7 cJoos A,D, (t-J'bL () /MA;P,-, ~' P 0 honotary , UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~U_ WOODCREST ROAD, SUITE 200' CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO, 05-3469 Civil v. Julia M, Bowman Leigh A, Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Julia M. Bowman has filed Chapter 7 Bankruptcy in the Middle District of pennsylvania on July 13, 2005, Bankruptcy Case No, 05-04629, Mark J, Udren, Esquire UDREN LAW OFFICES, P,C, Attorney for Plaintiff <-' c:.;:;! ~ l.:......... .~~ c: \_, ~ -G' Q -'\1 :;3- f\~~ --<=18 ;:':?,t~) .,- -~"l ,;,:-:~?~f', c:': '" o C'~i :% IT" RAYMOND T. FELLABAUM and HELEN FELLABAUM, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3459Civil Term JOSEPH MCMANUS, JOSEPH MCMANUS d/b/a, MANTIS CONSTRUCTION, Defendants : Civil Action-In Assumpsit : JURY TRIAL DEMANDED TO: Joseph McManus 1050 Old York Road Dillsburg,PA 17019 Joseph McManus d/b/a Mantis Construction 1050 Old York Road Dillsburg,PA 17019 DATE OF NOTICE: August 26, 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800) 990-9108 Respectfully submitted: Dated: 1M Ins ( a Marie Coyne, uire a. Supreme Ct. No, 53788 3901 M.arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.c., her,eby certify that true copy of the foregoing 10 Day Notice of Intent to Enter Default was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Joseph McManus 1050 Old York Rd. DiJlsburg, PA 17019 Joseph McManus d/b/a Mantis Construction 1050 Old York Road DiJlsburg, PA 17019 Dated: ~ ~f m~ ~ - n "', 0 = c: ,.;;~ -n (.'.,.1' :f::<'f' -I ~:1J r~ ') '-.o\2i C~, ,":) 'r' 0 () "f :E"": ;~ "J ,) ;il \.0 -, f'.' 5; ...,.- -< 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. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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) Julia M. Bowman and Leigh A. Martin for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/16/05 to 9/24/05 $183,408.16 3,209.78 I hereby certify that Defendant are as shown abov accordance with Rule 237.1, the Plaintiff and has been given in ched hereto. TOTAL 86 617.94 Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: y~ ui d t- ;:;.cx'). \" ----r- ' INDICA~__.~ PROP ~- INRE: Julia M. Bowman Debtor(s) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHAPTER 7 CASE NO. 1-05-bk-04629 MDF Mortgage Electronic Registration Systems Inc. Movant vs. Julia M. Bowman Debtor(s) / Respondent(s) and Markian R. Slobodian Trustee / Respondent ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the Motion of Mortgage Electronic Registration Systems, Inc. for Relief from Automatic Stay, it is hereby ORDERED AND DECREED THAT: The Automatic Stay of all proceedings, as provided under 11 U.S.C. 9362, is modified with respect to premises: 18 West Springville Road (South Middleton Township) Boiling Springs, P A 17007 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code; and it is further ORDERED THAT: The relief granted by this order shall be effective immediately and shall not be subject to the ten day period set forth in Bankruptcy Rule 4001(a)(3). By tile Com"'. Dated: August 19,2005 711 .' f! '-- I I~~ Jt;~ Mt'~_L Ballijmp ,'JUdgr (JK) ThIS electronic order /s Slgnedand filed on the same date. ., 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 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Plaintiff ~ COURT OF COMMON PLEAS ~ CIVIL DIVISION ! Cumberland county I NO. 05-3469 Civil v. Julia M. Bowman Leigh A. Martin Defendant(s) TO: Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 DATE of Notice: September 13, 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 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, USTED PUEDE PERDER BIENES Y OTR08 DERECHOS, IMPORTANTE8. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 81 NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION 8E 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 COLLECT.o:ro..AND. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WI B USED FOR THAT PURPOSE. \- \ " ; s Mark J. Udren, Esqulre 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 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. CIVIL DIVISION Plaintiff Cumberland County ATTORNEY FOR PLAINTIFF v. Julia M. Bowman Leigh A. Martin Defendant(s) NO. 05-3469 Civil TO: Leigh A. Martin 620 N Hanover Street Carlisle, PA 17013 DATE of Notice: September 13, 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 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 AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFO~TION OBTAINED WI~USED FOR THAT PURPOSE. ~ren, Esqulre 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 856-669-5400 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. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Defendant: Age: Residence: Employment: Julia M. Bowman Over 18 As captioned above Unknown Leigh A. Martin Over 18 As captioned abo Unknown Sworn to and subscribed before me this 24th day ~~ ,~ .'; ;~,~J;' - (:) ~ (; AJ ~ r-:O 0 1;-- (') = c = -n *- l \) crt -I 'i- U'> :r.:-n C> 0'1 rnp: -0 -0 r'Tl - -- 1:: N ~rJQ F ~ w ~ 0" '~~:; ~) -0 ...::t ~ ~;~J;. -~.; ',.;;C) j C>-- -(J ..,J.... ~5rn <c; 1=?- CS . .-\ i", ~ N "'.11 N :..<: S- +- -L ("\ 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil To: Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -K- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Q/J&/05 Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 .. 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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) Julia M. Bowman and Leigh A. Martin for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/16/05 to 9/24/05 $183,408.16 3,209.78 TOTAL $1 8 6 , 61 7 . 94 I hereby certify that Defendant are as shown abov accordance with Rule 237.1, (1) the addresses o~ the Plaintiff and and (2) that notic has been given in opy' of which is att ched hereto. Mark J. Udren, ESQUIRE Attorney for Plaintiff DATE: ~$1fC-S DAMAGES ARE HEREBY ASSESSED AS ~ to. 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil To: Leigh A. Martin 620 North Hanover Street Carlisle, PA 17013 . NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary -K- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration q/;l~/OS- Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 -~ \, 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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) Julia M. Bowman and Leigh A. Martin for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest Per Complaint From 6/16/05 to 9/24/05 $183,408.16 3,209.78 TOTAL /1 $n..86,617.94 I hereby certify that Defendant are as shown abov accordance with Rule 237.1, (1) the addresses off the Plaintiff and and (2) that notic' has been given In copy, of which is att ched hereto. DAMAGES ARE HEREBY ASSESSED DATE: ~05 \ \1 Mark J. Udren, ESQUIRE _l Attorney for Plaintiff AS I::C~~ UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 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. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO.' 05-3469 Civil PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $186,617.94 Interest From 9/25/05 5,243.70 to Date of Sale 3/8/06 On Going Per Diem of $31.78 to actual date of sale if sale is held at a later date (Costs to be added) $ n, ESQUIRE FOR PLAINTIFF p Q~'l 4- 1: ~ ~ ~ r 0 ~ ~ ~.cLl fl - , '" \) c) c; j-~ '2 ? <"' ~ ~ ~ ~ ~ --'q. 1C. - ""Q ~ ~~- ..-- -..... U: .............. ?v :-0 ~C~ ~~)J lr1 . . . . 0'06 \) 0 V) 0 Vice c \) c Ccc CCc C> \ \ \ , 'IGJ-cJ ... () r- - ... ...... ... :::: "' -::~ ' "" - .....~ "" ... - c.:.J t ...., ..... - ""- - '" - -.~ o ~ ~ G cJ' .....-\ if; 'X-n 1'" f n r:: ~ :g8 (j\ ;~_~71 ~ ':'.,~~ (5 :.Jt: / \'r'I _ (5' o :::::.1 .. E; f'-' ~ (..oJ --------------- --------. __~..~.c_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-3469 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 JULIA M. BOWMAN AND LEIGH A. MARTIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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) 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 $186,617.94 L.L. $.50 Interest FROM 9/25/05 TO DATE OF SALE 3/8/06 - ON GOING PER DIEM OF $31.78 TO ACTUAL DATE OF SALE IF SALE IS HELD AT A LATER DATE -- $5,243.70 Atty's Comm % Due Prothy $1.00 Atty Paid $182.00 Other Costs Plaintiff Paid Date: SEPTEMBER 26, 2005 (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCRESTCORPORATECENTER 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 HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 civil 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. (') ~ 0 = ~ = "'T1 <:J'l ~. :J! C/') , 1", rn;:; -v un1 N -:~? ._l.... 0"\ ':=.; U -,-:-T. ~ .~~S -c: -'~ "~(,J r--" C5 Om Z --1 > --J N :u -, w -< ~ 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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: 18 West Springville Road (South Middleton Township), Boiling Springs, PA 17007 1. Name and address of Owner(s) or reputed Owner(s): Name Address Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 Leigh A. Martin 620 North Hanover Street 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 Addre s s 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 interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic 'Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 18 West Springville Road (South Middleton Township) Boiling Springs, PA 17007 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: September 24, 2005 ark J. Udren, ESQ. ttorney for Plaintiff (") r; r--> = = <:..n c/) r:; -'0 N cr' ~ -t X,""" rip -0 rT! ~:'9 qC) :r: ~-1 Q(-) 1;) rn ':::.1 -r,:..~ ~ ~ :..r: '2 N c...;l f ~ . \ 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 Your house (real estate) at 18 West Springville Road (South Middleton Township), Boiling Springs, PA 17007 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $186,617.94, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney1s fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I \ 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 _.__..~,.---_.__._- -"~"--'.- ,...." = = c..n (/) rn -0 ,,') 0' ~ -4 :r: I'll :!l -nFT; :;)LJ ,."T ::~C) ..':--' -'r~ .-- -n ';::.2(') 0\'11 ::;:-1 ~D .< :P'>' cs N W . 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Leigh A. Martin 620 North Hanover Street Carlisle, PA 17013 Your house (real estate) at 18 West Springville Road (South Middleton Township), Boiling Springs, PA 17007 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $186,617.94, 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 -------------------- ~ c:::> => CJ' (/') rf1 -0 i'-' C'" ~ ~:!J -nS :~-) 0 ::::;2.:> --"r~ -'r', 0"') -n ':0,.0 bi"n .-\ j5 .< :1':7~ :J.,,: B l'::l W ..-.-- .. '"' 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-3469 Civil v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, Leigh A. Martin has filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on October 16, 2005, Bankruptcy Case No. #05-09823. Mark J. UDREN LAW OFFICES, P.C. Attorney for Plaintiff 2 ,-..' ~::~ c~? rJ..... ....... S c ....... vI c; ~'n ~~: --- -- c;l u,} <;.0 Nov 10 2005 _ Original writ returned to the Prothonotary's Ofc. N . 10' 2005 _ Copy of writ and $1,500.00 check (#43792) returned ov. , . to Attorney Udren's Office. MARlO. WREN" STUART WINNEQ'" GAIL SPIVAK ORLOFF'....' HElD! R. SPIVAK"'" MARISA JOY MYERS". LORRAlNEOO\'LE'" ALAN M. MINA TO."" "ADMITTED NJ, f'A. FL uA1)Ml.T'l'ED I."A "-ADMI'iTJjl) W, P,\ TINA MARiE RICH OFFICI; ADMlNI.,'\TMTOR UDRENLAWOFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD SUITE 200 CHERRY HILL, NEW JERSEY 08003-3620 856 . 669 . 5400 FAX: 856 . 669 . 5399 PENN~nVANlA OFFICE 2 LS..5(I,s.95UO ' 215.5~8.114l FA:( FREDDIE MAC PENNSYLVANIA DESIGNATED COUNSEL PLEASE RESPOND TO NEW JERSEY OFFICE November 8, 2005 Sent via telefax #1-717-240-6397 Cumberland County Sheriff's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 ATTN: Deputy J'ody Smith R=' Mortgage Electronic Registration Systems, Inc. vs. Julia M. Bowman & .Leigh A. Martin CUmberland County C.C.P. No. 05-3469 Civil Premises: 18 West Springville Road (South Middleton 'I'own:ship) Boiling Springs, PA 17007 SS Date: March 8, 2006 / ;,/ Dear Deputy Jody: please Stay the Sheriff's Sale scheduled for March 8, 2006. Sale is stayed for the following reason: Defendant (s) filed Chapter 13 Bankruptcy on october 16, :2005 in the Middle District (Harrisburg, PA). Case number #05-098~!.3. Thank you for your attention to this matter. \ Ma J. UdrE'm UDREN LAW OFFICES, P.C. /hac 10/10 'd L0088Gv9S8 'ON X~j '0 'd 'saO!JJO MEl uaJpo Wd vv:SO :301 SOOG-SO-^ON 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. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE SHERIFF: Reissue Writ of Execution in the above matter: Amount due $186,617.94 Interest From September 25, 2005 13,919.64 to Date of Sale December 6, 2006 Ongoing Per Diem of $31.78 to actual date of sale including if sale is held at a later date (Costs to be added) $ M J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ~ -e. p\> -r- w~ t-1 , 'D ""'- ~ ~ ~~ - \) \S ---0 r~ l) t/ ~ ~ r -- '" lrtL- - w~ :::.1 ~ - '64. .J; trt....oCf\C' \" \' ~0. . . . .. to . . ' C - C \i CIlC c C Q \> . lrl. Q 0 C C C C C (,) C 0 \./ \) , \ \ \ ( I \ -cJ , , "" ~r ~ - ... .. ... '" ... + :t:> .. .. ... ... ... ... -. .... .. .. ... - ... :~ - ..... .. .. '" - -. .. - "" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3469 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 JULIA M. BOWMAN AND LEIGH A. MARTIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an 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 $186,617.94 L.L. Interest FROM 9/25/05 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $31.78 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $13,919.64 Arty's Comm % Due Prothy $1.00 Atty Paid $194.50 Other Costs Plaintiff Paid Date: JULY 20, 2006 (Seal) Prothonotary By: 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: PLANTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 IN THE UNITED STATES BANKRUPTCY COURT FOR TIIE :MIDDLE DISTRICT OF PENNSYLVANIA IN RE: I::. CHAPTER 7 Julia M. Bowman Debtor(s) i CASE NO. 1-05-bk-04629 MDF ~ Mortgage Electronic Registration Systems i Movant vs. Julia M. Bowman Debtor(s) / Respondent(s) and Markian R. Slobodian Trustee / Respondent ORDER GRANTING MOTION FOR RELIEF FROM AUTOMATIC STAY Upon consideration of the Motion of Mortgage Electronic Registration Systems, Inc. for Relief from Automatic Stay, it is hereby ORDERED AND DECREED THAT: The Automatic Stay of all proceedings, as provided under 11 U.S.C. 9362, is modified with respect to premises: 18 West Springville Road (South Middleton Township) Boiling Springs, P A 17007 as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code; and it is further ORDERED THAT: The relief granted by this order shall be effective immediately and shall not be subject to the ten day period set forth in Bankruptcy Rule 4001 (a)(3). By tbeCom1, ?l vOJ~~ .Ban ~JUdgt . (JK) Dated: August 19. 2005 ThIS electronic order is signed and filed on the same date. 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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 falsificatio to authorities. M k J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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: 18 West Springville Road(South Middleton Township) Boiling Springs, PA 17007 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 Leigh A. Martin 620 North Hanover Street 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 L / ~~ 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 interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 18 West Springville Road (South Middleton Township) Boiling Springs, PA 17007 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P. rk J. Udren, ESQ. torney for Plaintiff DATED: July 14, 2006 L y. 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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 Your house (real estate) at 18 West Springville Road(South Middleton Township)Boiling Springs, PA 17007 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $186,617.94, 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. I l 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 .\ 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 v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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 Executionl 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". BY: forth by Pa Rule C.P. All Notices were served within the time 3129. This Affidavit is made subject to the p relating to unsworn falsification to aut C.S. Section 4904 Dated: December 1, 2006 J. U ren, Esqulre orney 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 05-3469 Civil v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) DATE: August 18, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JULIA M. BOWMAN AND LEIGH A. MARTIN PROPERTY: 18 West Springville Road, (South Middleton Township) Boiling Springs, PA 17007 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 6, 2006, at 10:00 am, in the COMMISSIONERS HEARING ROOM, 2~ FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A \ = == ~.- 1l-~ ill/) 0 ;S ._ 0)__ ....1:0 'a;~ ~ i E'Q. ~'O 8 EGliij J!l]1: I/) 1;: .2 x'2'6 ~B~ ..cia! .~ CJi u. " ~ . Gl O'~Gl ..!ill. ~ 1 ~o 1: i 0 !lC/)U a (1)- ., ::.- ~o !~ Gl ::. iij .E utA> Q)C.!: -u ol!! o I:::l :g ~~~-;; (I) I/) iij'- 1ii.:..:ES > ~ 'I:'iij-~ .~ 8-:E 1Jl 0 ti ~ l5..,,0:;<(- ~!D.. 0 ",,';;e~ Cl(l) III .- 3::> Ja 21 .t: ~oo -g lU U~ lUJ: :cU ... ~ ~ .~ ~= al 'E~ a! ""Glo u. E~lll$ ~\ij~::; QJ .J: ::t-;.~ ~eE D~DD Gl Cl lU 'lil o D.. 1l $" 'i .!!.!!o !E i'iilo as ~EUU I/) 0000 e '0 "0 <( ~ 'lil o D.. '0 I: lU a:: w CO) I- 0 Z 0 w ! o > o~ w o:~c~ uSoc:(!!:l ~~~~ u"otnZ Ol-~:f ~tn()_ <wcx ...Ja::o> ffig~~ a::o....w c:>....x :;)::-....() . 'OlI)m C:lI)'O aJ~c: alE '0 Gl '0 en ~<(o Q) ~~ "ii ~ o Gl ~c:: ~ ::x: a! a)u.. I- 0.. we") 0.... g~ w<( 1-0.. ~w en...J w~ -1-1 - ~~ 1 0:: _ tii ~~ t :;:);:) :z 00 ! oen "0 OW ~ ~~ '0 ~o Gl 0::'" E w.... lU mb2 Z :E:;:) :;:)0 00 ",i -o..Q .- E ~::I Z Gl I: ::J II:: c;j en O~ a: o~ w o::~ ~ oo~.... :x; ~~ ~if z :::i;;be>- l") D..N z(/) .... :E...._Cl Z 0,... 11::0.. ~ o .... 0:: o 11. <( en 0.. i= 8 0 0... ~ (/) ~ r::: ;:) e> CIO e> en.... ~II:: ....z (/) <( ",,::l (/):J ZD.. ;::;m 1-6 Qw m~ ~m ~~ ai~ ~[ w~ o:::z: gi= 0::<( 11.0 OZ go o~ (i50 ~titi:o; !Z~ Ww WN <(0 ::Eo:: Ox Ze 8~ ifg ~:E ~~ :>b2 ~~ m ,... ~ :g 10 o ..... N ('I) /' ,"OLeO'>- I~~ j,\~ f ~ ( ~~ I \~\ ~ I~ <00'- ~f~ s,~ . ,011 JS~ ....,." " :'; ~'.'. " ~'.~. U (.. ~,'.' m co ..,. :b o 0:: W me B5 ~ It) <0 .... co ~ ~ -- . ,,\.,: z Z w :z: Ol o ..... ..... ..... :g o C! ~ .-' ~ >~//.~ , t~' \'C1... ~Q .,.~. -. t..\."'", ~ \'"'00 ~<- n """ ""IV ,1 ?or:v ,"'-, N ..... ('I) ..... ~ ..... ~ !.~ :!! ~ >os;! CI! .." . l!.lS.!l E fa II fg"21 8 ::H! ... 3:'il\. 'tl~ ~~fi c 9! l'l"- -l!o=clS" E l!~ e=t .~! II Ii!~- S<- e.-s'tl "E5 e--j.5li uUJ 'E ~, i._ t- lS ~~ ~ == .!!l1!'iS ~2ttE~ "i i !.fi 8 i jE~iI:."lt ~j 515 ~ J="2...:~.. .-.- ::I.c ::;;E~:!!" I U~~f iw dl~! .. 'i! ~~:!! t~~~~! ~f!I~~.:!!= ~ ~~t! c ~.l/l E I! O'tl !,J!!=,g ~~s:l.D.2~ '5:! 15 i- ! ~t~~~- .lIIc...c::-glS ~g~~~f "'0= c::'" ~ ~C~Em~ ilil~] 1~il~d ~ii~!~ !2 ...;i IX: ~ ~ o! '"" i D.. iQ ~ ~ <- ( I/) Gl 01> '" .~~ "J e:'lil 00 !i~~ E..., ~.~ . -Gl J!llil {:.~ It) ..... I/) ~ a:~ -II> 0..., :p~~ .DC/) E,.., ::I..Q -='2 J!l'lil {:.::J EXHIBIT A c Cl) Q. - c '0 Q. - 'ii m .. o .a:: .5 ~ t Q. ?: >- .c "0 i E o o ! Q. - !! :i E o u" >q' ~ ..... c:- eo 2 .0 Q) I.L. g .., E o I.L. (f) 0... \ Mortgage Electronic Registration Systems, Inc. VS Julia M. Bowman and Leigh A. Martin In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3469 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 22,2006 at 1827 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Julia M. Bowman, by making known unto Julia Bowman personally, at 42 Carlton Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2006 at 1940 hours, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Leigh A. Martin, by making known unto Tammy Erb, adult in charge for Leigh A. Martin, at 620 North Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2006 at 1814 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Julia M. Bowman and Leigh A. Martin located at 18 West Springville Road, Boiling Springs, Cumberland County, 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 defendants, to wit: Julia M. Bowman and Leigh A. Martin, by regular mail to their last known addresses of 42 Carlton Ave., Carlisle, Pennsylvania 17013 and 620 North Hanover Street, Carlisle, Pennsylvania 17013, respectively. These letters were mailed under the date of October 05,2006 and never returned to the Sheriffs Office. So Answers: .,;,,:~~>>~ /~ R. Thomas Kline, Sheriff BY !tel CI ~flJrrtLl Real EstC\.!e Sergeant EXHIBIT B ~ t~;) c,"" CJ rl C") \ .l'::- -0 ::z;. ~ .-4 :c "1J rl1f-' ~1f1. -{Je? ;:~1~ ~\\ ...:~O --::- cn O' __I ::n :..::. (P. - 0'> COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bayharbor Loan Ser LLC is the grantee the same having been sold to said grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 20th day of July, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3469, at the suit ofMtg Elec Reg Systems Inc against Julia M Bowman & Leigh A is duly recorded in Deed Book No. 278, Page 2330. ~ "\ , vJ -L:_ " ~ IN TESTIMONY WHEREOF, I have hereunto set my hand 'CZIL an seal of said office this / day of Mortgage Electronic Registration Systems, Inc. VS Julia M. Bowman and Leigh A. Martin In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3469 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 22,2006 at 1827 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Julia M. Bowman, by making known unto Julia Bowman personally, at 42 Carlton Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 15,2006 at 1940 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Leigh A. Martin, by making known unto Tammy Erb, adult in charge for Leigh A. Martin, at 620 North Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16,2006 at 1814 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Julia M. Bowman and Leigh A. Martin located at 18 West Springville Road, Boiling Springs, Cumberland County, 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 defendants, to wit: Julia M. Bowman and Leigh A. Martin, by regular mail to their last known addresses of 42 Carlton Ave., Carlisle, Pennsylvania 17013 and 620 North Hanover Street, Carlisle, Pennsylvania 17013, respectively. These letters were mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$121,000.00 to Bayharbor Loan Servicing, LLC. It being the highest bid and best price received for the same, Bayharbor Loan Servicing, LLC of 4 State Road, #520, Media, P A 19063, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$127,267.54. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 2,420.00 15.00 15.00 30.00 10.00 1.00 14.96 7.24 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed S:;.;p~rs: /~ ~~1-- ~ R. Thomas Kline, Sheriff -tLu 15.00 30.00 347.00 311.66 15.94 25.00 39.50 $3,327.30 , DI\ ,j I\.. ~' \l~ \,a' \)\" t>eJ- oJ>'V cO -l-2...0' 0 t'J \.0 p,O ~'\tl D4~ 1I'd ,'1:,<1> c'<-<I' ,. .. . 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 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil 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: 18 West Springville Road(South Middleton Township) Boiling Springs, PA 17007 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Julia M. Bowman 42 Carlton Avenue Carlisle, PA 17013 Leigh A. Martin 620 North Hanover Street 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 and interest in the sale: Name address of every other person who has any record the property and whose interest may be affected by Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other has knowledge who has any interest affected by the sale: Name person of whom the plaintiff in the property which may be Address Tenants/Occupants 18 West Springville Road (South Middleton Township) Boiling Springs, PA 17007 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P. DATED: July 14, 2006 ~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 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota HeightsJ MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Julia M. Bowman 42 Carlton Avenue CarlisleJ PA 17013 Your house (real estate) at 18 West Springville Road(South Middleton Township)Boiling Springs, PA 17007 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $186,617.94, 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: (S56) 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.) * I 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 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER ~ll WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE v. Julia M. Bowman Leigh A. Martin 42 Carlton Avenue Carlisle, PA 17013 Defendant(s) NO. 05-3469 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Leigh A. Martin 620 North Hanover Street Carlisle, PA 17013 Your house (real estate) at 18 West Springville Road (South Middleton Township) Boiling Springs, PA 17007 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $186,617.94, 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 canceled 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 HAVBA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LBGAL HELP. LAWYER REFERRAL SBRVICE 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 SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: January 05, 2007 Writ No. 2005-3469 Civil Term Mortgage Electronic Registration Systems, Inc. VS Julia M. Bowman and Leigh A. Martin 18 West Springville Road Boiling Springs, P A 17007 Sale Date: Buyer: Bid Price: December 06, 2006 Bayharbor Loan Servicing, LLC $121,000.00 Real Debt: Interest: Attorney Costs: $186,617.94 13,919.64 194.50 Total: $200,732.08 DISTRIBUTION: Receipts: Cash on account (08/24/2006): Cash on account (12/06/2006): Cash on account (12/26/2006) $ 1,500.00 12,100.00 115,167.54 Total Receipts: $128,767.54 Disbursements: Sheriffs Costs Legal Search Local Transfer Tax State Transfer Tax Judy Campbell, Tax Collector Attorney Mark Udren Mortgage Electronic Registration Systems, Inc. $3,327.30 200.00 1,823.77 1,823.77 420.96 1,500.00 119,671.74 Balance for distribution: ($128,767.54) 0.00 Total Disbursements: So Answers: c~f/~ R. Thomas Kline Sheriff . .. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 25 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Bertram V. L. Henry and Frances M. Henry, his wife, by deed dated December 10, 2004 and recorded December 20, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 266, Page 3805, granted and conveyed to Leigh A. Martin and Julia M. Bowman, single persons. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of the public road leading from Old Forge Road to the York Road, known as Springville Road. 6. Mortgage in the amount of $172,000.00 given by Leigh A. Martin and Julia M. Bowman to EquiFirst Mortgage Corporation dated December 15, 2004 and recorded December 20,2004 in Mortgage Book 1891, Page 3674. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems, Inc. as Plaintiff against Julia M. Bowman and Leigh A. Martin as Defendants, in the Office of the Prothonotary of Cumberland County, on July 8, 2005 to File No. 2005-3469. Judgment in the amount of $186,617.94 entered September 24, 2005. 7. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 8. Satisfactory evidence to be produced that mortgage was properly assigned from the holder of record to the foreclosing Plaintiff. Failed to find assignment of record. 9. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to detennine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be vali or b' until countersigned by an authorized signatory. REAL ESTATE SALE NO. 25 Wrlt No. 2005-3469 Civil Mortgage Electronic Registration Systems. Inc. vs. Julia M. Bowman and Leigh A. Martin Atty.: Mark J. Udren ALL THAT CERTAIN tract of land with the improvement thereon ereded situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point In the cen- ter line of the public road leading from the Old Forge Road to the York Road and at line of land now or for- merly of Graham Barrlck; thence by the latter land and through an iron pin on the northern side of said road and partly along a fence line, North 19 degrees 50 minutes West, 289 feet to an iron pin on the line of land now or formerly of Earl Hamman; thence by the latter land. North 77 3/4 degrees East. 96 feet to an iron pin on the line of land of Uarda M. Fullmer; thence by the latter land. South 18 1/4 degrees East. 291 feet. through an iron pin on the northern side of the road mentioned above to a point in the center line of said road; thence by the said center line. South 79 de- grees 40 minutes West, 88 feet to the Place of BEGINNING. BEING improved with a dwel1lng house known as 18 W. Sprlngvtlle Road. Boiling Springs, Pennsylva- nia. BEING KNOWN AS: 18 West Springville Road (South Middleton Township) Boiling Springs. PA 17007. PROPERlY ID NO.: 40-28-2100- 079. TITLE TO SAID PREMISES IS VESTED IN Leigh A. Martin and Julia M. Bowman. single persons, as joint tenants with the rlghts of survivorship by Deed from Bertram V. L. Henry and Frances M. Henry, husband and wife dated 12/10/04 recorded 12/20/04 in Deed Book 266 Page 3805. 81 :11 \I I z: J30 QOOl ALL THAT CERTAIN tract of land with the improvement thereon crcd;ed situate in South - Middleton Township, Cumberland County. Pennsylvania, bounded and described as follows: BEGINNING at a point in the cemer line ofthc: public road leading from the Old Forge Road to the Yom Road and at Ime of land now or formerly of Graham Banick; thence by the latter land, and iliroUgh an iron pin on the northem side of said road and. partly al,?og a fence line. North 19 degrees 50 minutes West.. 289 feet to an iron pin on the line of land ~ or formerly of Earl Hamman; thence by the latter land, North 77 ~,4 degrees East. 96 feet to an iron pin on the line of land of U arda M. Fullmer; thence by the latter land. South 18 V~ degrees East. 291 feet.. tbIOugh an iron pin- on the northern side of the road mentioned above to a point in the center line of said road; thence by the said cente1"~inc.. South 79 degrees 40 minutes 'Wes't(88 feet to the Place of BEGINNING. I , BEING i.i11proved with a dwelling house known as 18 W. Springvi1le Road, Boiling Springs, , pennsylvania. PROPERTY ID NO. : 18 West Springville Road (South Middleton Township)Boiling Springs, PA 17007 40-28-2100-079 BEING KNOWN AS: TITLE TO SAID PREMISES IS VESTED IN LEIGH A. MARTIN AND JULIA M. BOWMAN, SINGLE PERSONS, AS JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM BERTRAM V. L. HENRY AND FRANCES M. HENRY, HUSBAND AND WIFE DATED 12/10/04 RECORDED 12/20/04 IN DEED BOOK 266 PAGE 3805. WRIT OF EXECUTION. and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3469 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 JULIA M. BOWMAN AND LEIGH A. MARTIN (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 $186,617.94 L.L. Interest FROM 9/25/05 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $31.78 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $13,919.64 Arty's Comm % Due Prothy $1.00 Arty Paid $194.50 Other Costs Plaintiff Paid Date: JULY 20, 2006 (Seal) Prothonotary By: 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: PLANTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 -~ ==u=u 'li1] .c='.::Jt -~~ ~~j' Real Estate Sale # 25 On August 24, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township Cumberland County, P A Known and numbered as 18 West Springville Road, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 24, 2006 By: 'Jc ~/i ~tk Real Estate Sergeant Z Z :8 "if 11 Z lnr QOOl Vd 'AINfiUJ 01'14 IJ38~1n3 .:I.:IIH3HS 3Hl. JO 381.:1.:10 <?::~ c:::u=u =u=u = ~ lnr,il .- ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly swom 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 Pennsylvania, 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #25 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe 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 20, October 27 and November 3, 2006 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. -- ditor SWO TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARI SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5. 2009 l REAL ESTATE SALE NO. 25 Writ No. 2005-3469 Civil Mortgage Electronic Registration Systems, Inc. vs. Julia M. Bowman and Leigh A. Martin Atty.: Mark J. Udren ALL THAT CERTAIN tract of land with the improvement thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point in the cen- ter line of the public road leading from the Old Forge Road to the York Road and at line of land now or for- merly of Graham Barrick; thence by the latter land and through an iron pin on the northern side of said road and partly along a fence line, North 19 degrees 50 minutes West, 289 feet to an iron pin on the line of land now or formerly of Earl Hamman; thence by the latter land, North 77 3/4 degrees East, 96 feet to an iron pin on the line of land of Uarda M. Fullmer; thence by the latter land, South 18 1/4 degrees East, 291 feet, through an iron pin on the northem side of the road mentioned above to a point in the center line of said road; thence by the said center line, South 79 de- grees 40 minutes West, 88 feet to the Place of BEGINNING. BEING improved with a dwelling house known as 18 W. Springville Road, Boiling Springs, Pennsylva- nia. BEING KNOWN AS: 18 West Springville Road (South Middleton Township) Boiling Springs, PA 17007. PROPERTI ill NO.: 40-28-2100- 079. TITLE TO SAID PREMISES IS VESTED IN Leigh A. Martin and Julia M. Bowman, single persons, as joint tenants with the rights of survivorship by Deed from Bertram V. L. Henry and Frances M. Henry, husband and wife dated 12/10/04 recorded 12/20/04 in Deed Book 266 Page 3805.